The petitioner, an Assistant Executive Engineer

holding the post of the Executive Engineer working at

DUDC Cell, Office of the Deputy Commissioner,

Chitradurga, is before this Court challenging the

posting of the 3^rd respondent, on his promotion as

Executive Engineer to DUDC Cell, Office of the Deputy

Commissioner,

Chitradurga

under

impugned

notification

dated

30.08.2022

and

directing

the

petitioner to report to Urban Development Department.

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2.

Heard Sri Vighneshwar S. Shastri, learned Senior

Counsel for Sri Naveen J.N., learned counsel for the

petitioner,

Sri

T.P.

Srinivas,

learned

Principal

Government Advocate for respondents 1 and 2 and

Sri S. Mahesh, learned counsel for 3^rd respondent.

Perused the entire writ petition papers.

3.

Learned Senior Counsel for the petitioner would

submit that petitioner, who is holding the substantive

post of Assistant Executive Engineer was posted to

DUDC Cell, Office of the Deputy Commissioner,

Chitradurga to work as Executive Engineer under

notification (Annexure-A) dated 29.06.2020 at on his

own pay and scale. The petitioner took charge of the

post on 21.07.2020 and he was working for the last two

years at the said place. Under the impugned

notification dated 30.08.2022, the 3^rd respondent on

promotion is posted as Executive Engineer in the place

of the petitioner and petitioner is directed to report to

duty at the Urban Development Department. Learned

Senior Counsel would contend that the 1^st respondent

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Government could not have issued impugned transfer

notification, subsequent to the transfer period placing

reliance on the decision of Co-ordinate Bench of this

Court dated 18.08.2022 passed in W.P.No.14860/2022.

Further learned counsel would submit that the

petitioner was not provided posting, while posting the

3^rd respondent in his place. Even though several

vacancies were available, without posting the 3^rd

respondent to a vacant post, deliberately the 3^rd

respondent is posted to the petitioner9s place. It is

submitted that petitioner assumed charge of the post on

01.09.2022 and subsequently in terms of the interim

order dated 02.09.2022 of this Court, by Official

Memorandum dated 09.09.2022 the petitioner is

continued as Executive Engineer at DUDC Cell,

Chitradurga.

4.

Learned counsels appearing for respondents 1 to 3

submit that the petitioner is not an Executive Engineer

and he is substantively holding the post of Assistant

Executive Engineer, who is posted to work as Executive

5

Engineer on his own pay scale. On promotion, the 3^rd

respondent was posted to work as Executive Engineer at

DUDC Cell at Chitradurga, hence the petitioner, who is

an Assistant Executive Engineer has no right to

continue as Executive Engineer. Moreover, learned

counsels submit that petitioner has already completed

his tenure of two years at Chitradurga as Executive

Engineer. Sri S. Mahesh, learned counsel would submit

that

since

it

is

not

a

regular

transfer,

the

decision relied upon by the learned Senior Counsel for

the petitioner in W.P.No.14860/2022 dated 18.08.2022

has no application to the facts of the present case, thus

they pray for dismissal of the writ petition.

5.

It is an admitted fact that the petitioner is an

Assistant

Executive

Engineer,

whereas

the

3^rd

respondent is substantive holder of the post of

Executive Engineer. The petitioner an Assistant

Executive Engineer was posted to work as Executive

Engineer on his own pay scale under notification dated

29.06.2022. The petitioner, who is an Assistant

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Executive Engineer has no right to continue as

Executive Engineer, when a substantive holder of the

post of Executive Engineer is posted. Moreover, the

petitioner has already completed his tenure of two years

at DUDC Cell, Office of the Deputy Commissioner,

Chitradurga. Once a Government servant completes his

tenure at a place of posting, he has no right to seek

continuation in the same place, unless there are

compelling reasons. More