The court affirmed that appointments to the Superintendent-II position must follow direct recruitment or promotion rules, prohibiting deputation from other departments.

ORDER :

H.T. NARENDRA PRASAD, J.

1. In this writ petition, the petitioner has called in question the notification dated 27.06.2025 issued by respondent No.1 vide Annexure-G, whereby the respondent No.3 has been transferred from the post of Assistant Director, Grade-II, Social Welfare Department, Thirthahalli, Shimoga District, to the post of Superintendent-II, Nirashithara Parihara Kendra, Shimoga.

2. The petitioner was appointed as Warder by respondent No.2, Central Relief Committee on 19.12.2002 and she was working at Nirashithara Parihara Kendra, Kolar. Subsequently, she was promoted to the post of Head Warder on 02.01.2017 vide Annexure-C and continued her services at Nirashithara Parihara Kendra, Kolar. In the same order at Annexure-C, the petitioner has been given additional charge to the Post of Superintendent-II at Kolar. Thereafter, by order dated 11.06.2025 vide Annexure-D passed by respondent No.2, the petitioner has been transferred to Nirashithara Parihara Kendra, Shimoga, to the post of Superintendent-II. Accordingly, the petitioner reported before the competent authority on 13.06.2025. Subsequently, by impugned notification dated 27.06.2025 passed by respondent No.1 vide Annexure-G, the respondent No.3 has been deputed to the place of the petitioner to work as Superintendent-II at Nirashithara Parihara Kendra, Shimoga. Being aggrieved by the same, the present petition is filed.

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3. The learned counsel appearing for the petitioner submits that respondent No.3 belongs to Social Welfare Department. As per the Central Relief Committee (Cadre and Recruitment) conditions of service of the employees of Central Relief Committee Rules, 2021 (for short ‘C & R Rules’) of respondent No.2, Committee, the post of Superintendent-II has to be filled by direct recruitment or by promotion and there is no provision for deputation. By impugned order at Annexure-G, the respondent No.3 has been deputed to the post of Superintendent-II to work at Nirashithara Parihara Kendra, Shimoga. The same is contrary to the C & R Rules of the respondent No.2, Committee.

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The learned counsel further submits that the petitioner is working as Superintendent (Additional Charge) at the Nirashithara Parihara Kendra for more than 7 years. Since the post of Superintendent at Nirashithara Parihara Kendra, Shimoga, fell vacant and since the petitioner also had experience and worked as Superintendent (Additional charge), she has been posted to work as Superintendent-II at Nirashithara Parihara Kendra, Shimoga. Therefore, the impugned order at Annexure-G transferring the respondent No.3 to the place of petitioner, is unsustainable and the same deserves to be quashed. Hence, he sought for allowing the petition.

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4. The learned counsel appearing for respondent No.3 submits that petitioner was working as Head Warder and she cannot be given the post of Superintendent-II (Additional charge) at Shimoga. The post of Head Warder is not equivalent to the post of Superintendent-II and also not a feeder cadre of Superintendent-II of respondent No.2, Committee. He further submits that as per C & R Rules of respondent No.2, Committee, if there is any vacancy to the post of Superintendent-II in the respondent No.2, Committee, the employees from the Social Welfare Department having equivalent cadre can be transferred or deputed. Since respondent No.3 is working as an Assistant Director, Group-B Officer, which is equivalent to the post of Superintendent-II, she has been transferred to work as Superintendent-II at Nirashithara Parihara Kendra, Shimoga.

The learned counsel further submit