- 1 - NC: 2025:KHC:172 WP No. 8810 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 8810 OF 2021 (S-RES) BETWEEN: DR.YATHISH H.M. ASSISTANT PROFESSOR S/O MAHESHWARAPPA H D AGED ABOUT 37 YEARS R/AT NO.C 11 UAS QUARTERS HEBBAL CAMPUS BENGALURU-560 024. …PETITIONER (BY SRI.SANATH KUMAR SHETTY, ADV.) AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY VETERINARY, ANIMAL AND FISHERIES SCIENCES DEPARTMENT VIDHANA SOUDHA BENGALURU- 560 001. 2. REGISTRAR VETERINARY, ANIMAL AND FISHERIES SCIENCES UNIVERSITY NANDI NAGAR, P B NO.6 BIDAR- 585401. …RESPONDENTS (BY SMT.ANITHA N., AGA FOR R1 SRI ABHISHEK ARUNKUMAR, HAPPALI, ADV. FOR SMT. VAISHALI HEDGE, ADV. FOR R2) Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:172 WP No. 8810 of 2021 THIS PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 15/04/2021 ISSUED BY THE 2ND RESPONDENT IN NO. TO THE EXTENT OF TRANSFERRING THE PETITIONER FROM VETERINARY COLLEGE, HEBBAL BENGALURU TO VETERINARY COLLEGE, SHIVAMOGA. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER The petitioner, who is promoted from Assistant Professor AGP 6000 to Assistant Professor AGP 7000 is before this Court, questioning the portion of the order of promotion dated 15.04.2021 posting him to Veterinary College, Shivamogga. 2. Heard Sri.A.Sanath Kumar Shetty for petitioner; Sri.Abhishek Arunkumar Happali, learned counsel for Smt.Vaishali Hegde, learned counsel for respondent No.2 and Smt.Anitha N., learned Additional Government Advocate for respondent No.1. Perused the writ petition papers. - 3 - NC: 2025:KHC:172 WP No. 8810 of 2021 3. Sri.Sanath Kumar Shetty, learned counsel for the petitioner would submit that the petitioner was promoted under order dated 15.04.2021 (Annexure-A) and was posted to Veterinary College, Shivamogga. It is submitted that the posting of petitioner to Shivamogga is arbitrary and out of 20 persons, only the petitioner has been transferred from Bangalore to Shivamogga. As the posting of petitioner is within 3 years from the date of earlier posting to Bangalore, the petitioner is before this Court. 4. On the other hand, learned counsel appearing for respondent No.2 would submit that the petitioner has not reported to the promoted place at Shivamogga and subsequently, petitioner’s case for promotion was considered and by order dated 31.12.2023, the petitioner was promoted and posted to Veterinary College, Bangalore. Therefore, he submits that the writ petition would no more survive for consideration. - 4 - NC: 2025:KHC:172 WP No. 8810 of 2021 5. Having heard the learned counsel for the parties and on perusal of the writ petition papers, I am of the view that the petitioner would not be entitled for any relief. 6. The petitioner was promoted under order dated 15.04.2021 from Assistant Professor AGP 6000 to Assistant Professor AGP 7000 in the pay band of Rs.15,600/- to Rs.39,100/- under Career Advancement Scheme-2006 and posted to Veterinary College, Shivamogga. Promotion would take effect only on reporting to duty at the place of posting. Since the petitioner has not reported to duty to Veterinary College, Shivamogga, the petitioner’s promotion has not come into effect. 7. The petitioner approached this Court on 10.05.2021 and this Court has not granted any interim order. The petitioner continued in the earlier post as Assistant Professor, Department of Animal Genetics and Breeding, Veterinary College, Bangalore. It is not a normal transfer. It is posting on promotion of the petitioner. When a - 5 - NC: 2025:KHC:172 WP No. 8810 of 2021 person is promoted and posted, it would not be a normal transfer and transfer guidelines would have no application to such promotional posting. Not reporting to duty on promotion to the place of posting would amount to refusal of promotion. 8. However, subsequently, by order dated 31.12.2023, the petitioner is promoted as Assistant Professor (CAS) (Academic Level-11) and posted to Veterinary College, Bangalore w.e.f. 22.06.2022. It is stated that the petitioner has reported to duty in pursuance of the said order of promotion and posting dated 31.12.2023. 9. There is no merit in the writ petition and accordingly, the writ petition stands rejected. Sd/- (S.G.PANDIT) JUDGE MPK CT:bms List No.: 1 Sl No.: 59