Karnataka High Court Asks State Government To Review Employee Transfer Guidelines

Concerned over the increase in number of cases related to transfer orders of government employees, the Karnataka High Court has said it is high time for the State to have relook at the relevant guidelines framed by it in 2013.

"The State being the largest litigant owes a duty to the justice delivery dispensation," said the court.

The court said the state government should look into the concept of commutable distance and also consider the distinction between areas - which are well equipped with all the basic necessities like hospitals, schools, colleges, residential accommodation etc, and remote and inaccessible areas involving Hilly Terrain, Towns and Villages surrounded by forest etc or towns and villages in highly undeveloped or under-developed parts of the State.

A division bench of Justice G.NARENDAR and JUSTICE C M JOSHI directed the Principal Secretary, DPAR to look into the observations made by this court, draw appropriate measures and place them before the Government for taking steps to have a relook into the 2013 Guidelines.

It said:

"We are of the considered opinion that such positive measures can prove fruitful in saving the precious judicial time of both the Tribunal and this Court. The Principal Secretary, DPAR shall forward his recommendations to the Government within eight weeks with a copy to this Court."

The court passed the directions to Karnataka government on a petition related to the transfer of government employee. During the hearing, the court was informed by the counsels that transfer applications before the Karnataka State Administrative Tribunal occupy a major chunk of the litigation. 

Case Title: R D RAMADAS v THE STATE OF KARNATAKA

Case No: WRIT PETITION NO.11934/2022

Citation: 2022 LiveLaw (Kar) 368

Date of Order: 25TH DAY OF AUGUST, 2022

Appearance: Advocate MANJUNATHA P.V for petitioner; SHILPA S.GOGI, HCGP FOR R1 TO R3; Advocate DR. LOKESH B.N, FOR C/R4

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