- 1 - NC: 2025:KHC:9515-DB WP No. 4412 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR WRIT PETITION NO. 4412 OF 2025 (S-KSAT) BETWEEN: SRI.SRINATH R S/O LATE RAMAIAH, AGED ABOUT 48 YEARS, W/A SDA, OFFICE OF THE DEPUTY DIRECTOR, CITY CENTRAL LIBRARY, NORTH ZONE, MALLESHWARAM, BANGALORE 560 003. (IN KAT CAUSE TITLE REFLECTED AS SECOND GRADE ASSISTANT, O/O THE DEPUTY DIRECTOR, BENGALURU URBAN DISTRICT CENTRAL LIBRARY, RAJKUMAR ROAD, RAJAJINAGAR, BANGALORE 560 010. HOWEVER, THE PETITIONER IS PRESENTLY IN MALLESHWARAM.) R/AT NO.27/2, 5TH CROSS, NEAR SRI SALLAPURADAMMA TEMPLE, SUNKADAKATTE, VISHWANIDAM POST, BANGALORE - 560 091. …PETITIONER (BY SRI. SHREEDHAR G BIDRE., ADVOCATE FOR SRI. RAGHAVENDRA G GAYATRI., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, PRIMARY AND SECONDARY EDUCATION (HIGHER) DEPARTMENT, M.S. BUILDING, BENGALURU - 01. Digitally signed by CHETAN B C Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9515-DB WP No. 4412 of 2025 2. THE COMMISSIONER DEPARTMENT OF PUBLIC LIBRARY, VISHWESHWARAIAH MAIN TOWER, 4TH FLOOR, DR. B.R. AMBEDKAR ROAD, BENGALURU - 560 001. 3. SRI V. RAGHAVENDRA S/O LATE V.D. RANGAPPANAVAR, AGED ABOUT 41 YEARS, R/AT NO.32/1, 2ND MAIN ROAD, BHOOVIPALYA, MAHALAKSHMIPURAM, BENGALURU - 560 086, WORKING AS SECOND DIVISION ASSISTANT, OFFICE OF THE DEPUTY DIRECTOR, CITY CENTRAL LIBRARY, NORTH ZONE, MALLESHWARAM, BENGALURU - 560 003. (IS ALREADY RELIEVED) …RESPONDENTS (BY SRI.B. RAVINDRANATH., AGA FOR R1 & R2; SRI.HARSHA D.JOSHI.,ADVOCATE FOR SRI.LAKSHMISHA N., ADVOCATE FOR C/R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT OF CERTIORARI AND SET ASIDE THE ORDER DATED 06.02.2025 PASSED IN A. No. 5216/2024 VIDE ANNEXURE-A PASSED BY THE HONBLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AND REJECT THE SAID APPLICATION IN SO FAR AS THE PETITIONER AND THE 3RD RESPONDENT ARE CONCERNED IN THE INTEREST OF JUSTICE. AND B) ISSUE A WRIT OF MANDAMUS OR DIRECTION, DIRECTING THE RESPONDENT No. 1 AND 2 TO CONTINUE THE PETITIONER IN THE PRESENT POST AS SDA IN THE CITY CENTRAL LIBRARY, NORTH ZONE, MALLESHWARAM, BANGALORE TILL HE COMPLETES THE TENURE. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT AND HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR - 3 - NC: 2025:KHC:9515-DB WP No. 4412 of 2025 ORAL ORDER (PER: HON'BLE MR JUSTICE KRISHNA S DIXIT) Both the sides having argued the matter, very graciously agree that the petitioner shall be retained in the place by virtue of Transfer Order dated 6.11.2024 and that the 3rd respondent herein shall be accommodated in the vacancy available at Tumkur, as pointed out by the learned AGA on the instructions of Commissioner Sri.Jayavibhava Swamy, I.A.S., Department of Public Libraries, present personally before the court. We appreciate his presence & participation in these proceedings. 2. The 3rd respondent’s representation for release of the salary shall be decided by the said Commissioner, in accordance with law and within four weeks. In the above circumstances, the impugned order of the Administrative Tribunal is liable to be set aside and that the government shall effectuate the arrangement - 4 - NC: 2025:KHC:9515-DB WP No. 4412 of 2025 herein above made forthwith and file report of compliance before the Registrar General of this Court within two weeks. Ordered accordingly & petition is disposed off, costs having been made easy. Sd/- (KRISHNA S DIXIT) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE cbc List No.: 1 Sl No.: 37