- 1 - HC-KAR NC: 2025:KHC:20478-DB WP No. 2026 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR JUSTICE T.M.NADAF WRIT PETITION NO. 2026 OF 2025 (S-KSAT) BETWEEN: 1. THE COMMISSIONER, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, NRUPATHUNGA ROAD, BENGALURU - 560 001. 2. THE DEPUTY DIRECTOR, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, CHIKKABALLAPURA DISTRICT - 563 124. 3. THE BLOCK EDUCATION OFFICER, BAGEPALLY TALUK, CHIKKABALLAPURA - 563 124. 4. THE HEAD MASTER, KARNATAKA PUBLIC SCHOOL, GOVERNMENT HIGH SCHOOL, CHELUR, BAGEPALLY TALUK, CHIKKABALLAPURA - 563 124. …PETITIONERS (BY SRI. V SHIVA REDDY, AGA) AND: SMT. NAGAMANI Y M D/O MUNIVENKATAPPA Y.N. W/O SHANKAR K, AGED ABOUT 41 YEARS ASSISTANT TEACHER, Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20478-DB WP No. 2026 of 2025 GRADE-II (LANGUAGE), KARNATAKA PUBLIC SCHOOL, GOVERNMENT HIGH SCHOOL, CHELUR, BAGEPALLY TALUK, CHIKKABALLAPURA - 563 124. …RESPONDENT (BY SRI. NAIK N. R., ADV.) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR RECORDS; B) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION TO SET ASIDE THE IMPUGNED ORDER DATED 30.09.2024 PASSED IN APPLICATION NO.4661 OF 2024 VIDE ANNEXURE-A BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR JUSTICE T.M.NADAF ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) Petitioners-State Authorities are before this Court under Article 226 of the Constitution of India questioning the correctness and validity of order dated 30.09.2024 in Application No.4661/2024 on the file of the Karnataka State Administrative Tribunal at Bengaluru (for short, - 3 - HC-KAR NC: 2025:KHC:20478-DB WP No. 2026 of 2025 ‘Tribunal’), aggrieved by the direction issued directing the second respondent to issue relieving order through third respondent from fourth respondent school enabling the applicant to report to the duty at transferred place. 2. Heard learned Additional Government Advocate Sri.V.Shiva Reddy for petitioners and learned counsel Sri.Naik.N.R., for respondent. Perused the entire writ petition papers. 3. Learned Additional Government Advocate Sri.V.Shiva Reddy for petitioners would submit that the respondent had not become eligible for transfer in terms of the Karnataka State Civil Services (Regulation of Transfer of Teachers) Act, 2020 (for short, ‘2020 Act’). In that, he submits that though the respondent was initially appointed on 11.07.2007 and posted to work as Assistant Teacher Grade-II (Language) at Karnataka Public Schools, Government High School, Chelur, Bagepalli Taluk, in the same place, she was promoted as Hindi Teacher to Higher - 4 - HC-KAR NC: 2025:KHC:20478-DB WP No. 2026 of 2025 Secondary School on 21.09.2020. Therefore, he submits that the period of transfer shall have to be counted from the date of her promotion i.e., 21.09.2020. Further, he points out that respondent has not disclosed her promotion before the Tribunal in her Application and the said suppression has resulted in passing impugned order. Therefore, he prays for allowing the writ petition. 4. Per contra, learned counsel Sri.N.R.Naik for respondent is not in a position to point out the respondent’s disclosure of her promotion in the Application filed before the Tribunal. 5. On hearing the learned counsel appearing for both the parties and on perusal of the entire writ petition papers, we are of the considered view that the writ petition deserves to be allowed. 6. Though the respondent was appointed as Primary School Teacher on 11.07.2007 and was posted to work as such to Government High School at Chelur, - 5 - HC-KAR NC: 2025:KHC:20478-DB WP No. 2026 of 2025 Bagepalli Taluk, she was promoted on 21.09.2020 as Assistant Teacher, Secondary School. The respondent’s eligibility for transfer under the 2020 Act shall have to be counted from the date of her promotion i.e., 21.09.2020. If the respondent had disclosed her promotion before the Tribunal, the Tribunal would have taken note of the same and would have passed appropriate order. The non- disclosure of the fact of promotion of the respondent before the Tribunal has resulted in impugned order. 7. In the above circumstances, the following: ORDER a) Writ petition is allowed. b) The impugned order dated 30.09.2024 in Application No.4661/2024 on the file of the Karnataka State Administrative Tribunal at Bengaluru is quashed. - 6 - HC-KAR NC: 2025:KHC:20478-DB WP No. 2026 of 2025 c) It is open for the respondent to participate in the subsequent counseling for transfer, if she is eligible, in terms of the 2020 Act. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE NC CT:bms List No.: 1 Sl No.: 11