- 1 - HC-KAR NC: 2025:KHC-K:2839 WP No. 200972 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.200972 OF 2025 (S-TR) BETWEEN: H. A. DHALAYAT S/O ABDUL DHALAYAT, AGED ABOUT 55 YEARS, OCC: URBAN DEVELOPMENT DEPT. (MANAGER), R/O PLOT No.42, SHAISTA MANZIL, BRINDAVAN COLONY, GUGARI LAYOUT, NEAR IQRA GIRLS PU COLLEGE, KANAKDAS BADAWANE, VIJAYPUR-586 101. …PETITIONER (BY SRI. VENKATESH C. MALLABADI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BANGALORE-560 001. 2. DIRECTOR OF MUNICIPAL ADMINISTRATION, V.V. TOWERS, DR. B.R.AMBEDKAR ROAD, BANGALORE-560 001. 3. THE DEPUTY COMMISSIONER, VIJAYAPUR, D.C. OFFICE, VIJAYAPUR-586 101. Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:2839 WP No. 200972 of 2025 4. THE CHIEF OFFICER, TOWN MUNICIPAL COUNCIL, BASAVAKALYAN, BASAVAKALAYAN, DIST. BIDAR-585 401. …RESPONDENTS (BY SRI. GOPALKRISHNA B. YADAV, HCGP FOR R1 TO R3; SRI. GOURISH S. KHASHAMPUR, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, I) QUASH THE ORDER/NOTIFICATION DATED 17.03.2025 ISSUED ONLINE BY THE RESPONDENT NO.2 IN FILE NO.115 1606/DMA/EST1/119/MISC/2023, POSTING THE PETITIONER AT SL.NO.11 TO POST OF MANAGER/ADMINISTRATOR OF BASAVKALAYAN CITY MUNICIPAL COUNCIL, DISTRICT BIDAR, THE COPY OF WHICH IS PRODUCED AT ANNEXURE-G; II) ISSUE WRIT IN THE NATURE OF MANDAMUS, DIRECTING THE RESPONDENT NO.2 TO CONSIDER THE REPRESENTATION DATED 21.03.2025 THE COPY OF WHICH IS AT ANNEXURE-H AND POST THE PETITIONER AT ANY VACANT POST AT VIJAYAPUR. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) The petitioner is a Government servant. He has been transferred to Town Municipal Council, Basavakalyan, which is in Bidar District. On the ground that his wife is working in Government Urdu School at Devar Hipparagi in - 3 - HC-KAR NC: 2025:KHC-K:2839 WP No. 200972 of 2025 Vijayapur District, petitioner has requested that he be transferred to any place in Vijyapur District. However, as he has been transferred to Basavakalyan in Bidar District, the present writ petition is filed with the following prayers: “1) Quash the order/Notification dated 17.03.2025 issued online by the respondent No.2 in file No.115 1606/DMA/EST1/119/MISC/2023, posting the petitioner at Sl.No.11 to post of Manager/Administrator of Basavkalayan City Municipal Council, District Bidar, the copy of which is produced at Annexure-G. 2) Issue Writ in the nature of Mandamus, directing the respondent No.2 to consider the representation dated 21.03.2025 the copy of which is at Annexure-H and post the petitioner at any vacant post at Vijayapur. 3) Issue any order, direction or writ as this Hon’ble court may deem fit in the facts and circumstance of the case and in the interest of justice.” 2. Learned High Court Government Pleader, upon instructions submits that petitioner does not have a right to demand that he should necessarily be posted in a place - 4 - HC-KAR NC: 2025:KHC-K:2839 WP No. 200972 of 2025 where his wife is working. However, there is a policy of the State that as far as possible, accommodation would be provided for the spouses to work in same place or nearby places, if both are Government servants. 3. Hence, based on the submission made by the learned High Court Government Pleader, respondent No.2 is directed to consider the case of the petitioner sympathetically and pass appropriate orders in accordance with law as expeditiously as possible. 4. Writ petition stands disposed of accordingly. Sd/- (M.I.ARUN) JUDGE LG List No.: 1 Sl No.: 75