- 1 - NC: 2025:KHC:9191 WP No. 5816 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 5816 OF 2025 (S-RES) BETWEEN: MR. SHABBIR AHAMED, S/O LATE ABDUL JABBAR, AGED ABOUT 46 YEARS, R/AT BEHIND ANKITHA HIGH SCHOOL, SARASWATHIPURAM, TUMKUR-572 102. …PETITIONER (BY SRI R SRINIVASA GOWDA, ADVOCATE [PH]) AND: 1. STATE OF KARNATAKA, DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, BANGALORE-560 001. REP. BY ITS PRINCIPAL SECRETARY. 2. THE DIRECTOR, DIRECTORATE OF MUNICIPAL ADMINISTRATION, VV TOWERS, BANGALORE -560 001. 3. THE COMMISSIONER, TUMKUR MUNICIPAL CORPORATION, TUMKUR-572 101. …RESPONDENTS (BY SRI V SHIVA REDDY, ADDITIONAL GOVERNMENT ADVOCATE [PH]) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE OFFICIAL MEMORANDUM NO. UDD 201 TME 2023 (E) DATED 19.02.2025 ISSUED BY THE RESPONDENT NO.1 AS PER ANNEXURE -C. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT KARNATAKA - 2 - NC: 2025:KHC:9191 WP No. 5816 of 2025 CORAM: HON'BLE MR JUSTICE R. NATARAJ ORAL ORDER The petitioner has challenged an official memorandum bearing No.ನಅಇ 201 ಎಂಇ 2023 (ಇ) dated 19.02.2025 issued by the respondent No.1, by which his posting as 'Committee Secretary' at Tumakuru Municipal Corporation was withdrawn and he was directed to report before the Competent Authority / Directorate of Municipality for posting. 2. The petitioner was posted as a Manager at Hubli- Dharwad Municipal Corporation and was thereafter posted as a Revenue Officer in Madhugiri Town Municipal Council vide official memorandum dated 29.07.2022. When he reported at Madhugiri, he was informed by the Chief Officer that the post was not vacant and therefore, he was posted as a 'Committee Secretary' at the office of the respondent No.3 vide official memorandum dated 29.08.2022. Accordingly, the petitioner reported at the office of the respondent No.3 on 06.09.2022. However, the respondent No.1 again issued the impugned official memorandum by which his posting as 'Committee Secretary' at Tumakuru Municipal Corporation was withdrawn - 3 - NC: 2025:KHC:9191 WP No. 5816 of 2025 and he was directed to report back to the Competent Authority / Directorate of Municipality. 3. Being aggrieved by the same, the petitioner is before this Court. 4. This Court passed an interim order on 28.02.2025, which reads as follows: "Heard learned counsel Sri.R.Srinivasa Gowda for petitioner and learned Additional Government Advocate Sri.Shivaprabhu Hiremath for respondents. Learned Additional Government Advocate would submit that the petitioner is in the cadre of Manager and he was deputed to work as Committee Secretary which is a higher post under O.M. dated 29.08.2022. It is further submitted that the petitioner, under impugned order is sent back to his parent cadre, with a direction to report to the Director, Municipal Administration. It is his submission that if he reports before the second respondent-Director, Municipal Administration, posting would be provided. The said submission of the learned Additional Government Advocate cannot be accepted. When an employee or a Government Servant is transferred, it is the duty of the respondents to provide posting and the employee who is transferred cannot be made to approach a particular authority to seek posting. In that light of the above, the second respondent is directed to provide posting to the petitioner and report the same to this Court on 04.03.2025. List this matter for orders on 04.03.2025." 5. Pursuant to the order of this Court dated 28.02.2025, the learned Additional Government Advocate has - 4 - NC: 2025:KHC:9191 WP No. 5816 of 2025 filed a memo along with an order dated 04.03.2025 passed by the respondent No.2 posting the petitioner as Office Manager at Raichur Municipal Corporation. The same are taken on record. In that view of the matter, this Writ Petition stands disposed off on the above terms. It is open for the petitioner to either accept the posting or challenge it in the manner known to law. Sd/- (R. NATARAJ) JUDGE SMA List No.: 1 Sl No.: 22