The High Court of Karnataka has directed the State government to have a re-look at the concept of commutable distance and distinction between areas/places of posting in its 2013 transfer guidelines to avoid tribunals and the courts from being burdened with litigations over the issues relating to transfers.
“The State government being the largest litigant owes a duty to the justice delivery dispensation and it is high time the State also took up some responsibility in having a re-look into the 2013 transfer guidelines,” the court observed while noticing that the issue of transfer occupy a major chunk of the litigation before the Karnataka State Administrative Tribunal.
A Division Bench comprising Justice G. Narendar and Justice C.M. Joshi made these observations while disposing of a writ petition related to the dispute between two panchayat development officers over their transfer even though the distance between the two places was merely 40 km in the area abutting a developed city like Mysuru.
Rushing to courts
The court pointed out that government servants were rushing to courts on the ground of pre-mature transfer from one place to another even though the new postings are within the commutable distance.
“It is time for the State government to look into the concept of commutable distance and also the distinction between areas/places, which are well equipped with all 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 underdeveloped parts of the State,” the court observed.
The Bench directed the Principal Secretary, Department of Personnel and Administrative Reforms (DPAR), to look into the observations made by the court and draw appropriate measures and place them before the government for taking steps and have a re-look into the 2013 guidelines.
Saving court’s time
“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 Bench observed while directing the Principal Secretary, DPAR, to forward his recommendations to the government within eight weeks.
