BEARING

NO.E-RD

24

ATS

2022

DATED

05.02.2022 PASSED BY THE 1^ST RESPONDENT PRODUCED AS

ANNEXURE-A2

IN

ANNEXURE-A

TO

ORIGINAL

APPLICATION AND ETC.

THIS PETITION HAVING BEEN HEARD AND RESERVED

FOR

JUDGMENT

ON

16.08.2022,

COMING

ON

FOR

8PRONOUNCEMENT OF JUDGMENT9 THIS DAY, RAJENDRA

BADAMIKAR J., MADE THE FOLLOWING:

ORDER

This Writ petition is filed under Articles 226 and 227

of Constitution of India challenging the order of the

Karnataka State Administrative Tribunal in Application

No.599/2022 dated 02.03.2022 whereby the claim of the

petitioner

for

quashing

the

impugned

order

dated

05.02.2022 came to be rejected.

The facts leading to the case are that the

petitioner is holding the post of office assistant which is in

the cadre of Tahsildar. According to him while working as

a Shirestedar, he was promoted to the cadre of Tahsildar

on 19.01.2021 and posted to the present post. He took

3

charge on 20.01.2021. However, by impugned order dated

05.02.2022, the 2^nd respondent has been posted to the

place of applicant and applicant is posted to the place of

2^nd respondent. Being aggrieved by this order, he

approached the Tribunal for quashing the said order of

interse transfer which came to be rejected.

3.

Heard both the sides.

4.

It is to be noted here that all along the

petitioner has claimed that he was promoted to the cadre

of Tahsildar on 19.01.2021. However, from records, it is

evident that the petitioner was holding the post under Rule

32 of the KCSR and after submission of the written

statement by the 2^nd respondent, the learned counsel has

admitted this aspect. But however, all along it is asserted

by him that he was promoted in 2021 to the post of

Tahsildar which is factually a false statement.

5.

It is also an admitted fact that 2^nd respondent is

in the regular Tahsildar cadre and the applicant is only

independent charge of higher post in the Tahsildar cadre.

The applicant claims that his transfer is prematured.

4

Further there is no serious dispute of the fact that in

pursuance of the impugned order the respondent No.2 has

taken charge of his post.

6.

It is evident from the records that the petitioner

who is in the lower cadre of office assistant while 2^nd

respondent is in the cadre of Tahsildar Grade-I. It is

further evident that posting of applicant to higher post

under Rule 32 of the KCSR is purely a temporary

arrangement. As such when the cadre officer is posted to

the place held by a person under Rule 32 being in lower

cadre, he is required to make a way for a cadre officer.

Admittedly, the petitioner has no lien in the post in the

higher cadre and he is not entitled for a tenure nor

protection of transfer guidelines which could apply to the

Government servants substantially borne in the cadre.

7.

Much arguments have been advanced regarding

transfer guidelines of 2013 are being applicable even to

the persons posted under Rule 32 of KCSR. However, the

petitioner has not approached the Tribunal with clean

hands as he initially never asserted the fact that his

5

posting was under Rule 32 of the KCSR and initially he

asserted that he was promoted to the post of Tahsildar

which is not a factual aspect and he came up with the true

version only when the respondent No.2 filed objection

statement.

From

Annexure

R2,

it

is

evident

that

respondent No.2 has already taken charge of his new

posting for posting under Rule 32 of KCSR, no minimum

tenure is prescribed. The Tribunal considered that the

petitioner who is in the lower cadre has held the post only

in a temporary capacity by provision of Rule 32 of KCSR

itself and cannot claim any tenurial benefits in this regard.

Initially, there was lot of confusion regarding this posting

and the Government notification has also lead to

confusion.

But

subsequently

the

notification

dated

04.04.2022 produced by Government Advocate for the

respondent No.1 would clarify that the benefit in respect of

earlier notification is only in respect of pay scale and not

pertaining to cadre. An affidavit i