- 1 - NC: 2025:KHC:18205-DB WP No. 13991 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF MAY, 2025 PRESENT THE HON'BLE MR JUSTICE R DEVDAS AND THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 13991 OF 2025 (S-KSAT) BETWEEN: SMT SUNANDA M W/O. RAVIKUMAR, AGED ABOUT 49 YEARS, WORKING AS ASSISTANT ENTOMOLOGIST STATE SURVEILLANCE UNIT DIRECTORATE OF HEALTH AND FAMILY WELFARE AROGYA SOUDHA,MAGADI ROAD, BENGALURU-560 023, R/AT NO.20, 2ND CROSS, NEAR RR COLLEGE GIRLS HOSTEL RR LAYOUT, CHIKKABANAVARA, BENGALURU-560 090. …PETITIONER (BY SRI. VIJAYA KUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE DIRECTOR DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES, AROGYA SOUDHA, MAGADI ROAD, BENGALURU-560023. 3. SHRI. SRINIVAS. M AGED ABOUT 50 YEARS, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18205-DB WP No. 13991 of 2025 WORKING AS SENIOR ENTOMOLOGIST, STATE SURVEILLANCE UNIT DIRECTORATE OF HEALTH AND FAMILY WELFARE SERVICES, AROGYA SOUDHA, MAGADI ROAD, BENGALURU-560 023. …RESPONDENTS (BY SRI.PRADEEP C S, AAG FOR R1 & R2 SRI. MADHUKAR DESHPANDE, ADVOCATE FOR SRI. A CHANDRA CHUDA, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 22.04.2025 PASSED BY THE HONBLE TRIBUNAL IN A.No-481/2025 (VIDE ANNEXURE-A) AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS and HON'BLE MR JUSTICE C.M. POONACHA ORAL ORDER (PER: HON'BLE MR JUSTICE R DEVDAS) 1. Heard the learned counsel for the petitioner and the learned counsel for respondents. 2. Learned counsel for the petitioner points out to Section 3 of the Karnataka State Civil Services (Regulation of Transfer of Medical Officers and Other Staff) Act, 20111 which mandates counseling for transfer or promotion of a Mediecal Officer or other staff under the Act, 2011. Learned counsel submits that when the statute mandates transfer only by way of counseling, 1 Hereinafter referred to as the ‘Act, 2011’ - 3 - NC: 2025:KHC:18205-DB WP No. 13991 of 2025 the impugned order of transfer could not have been issued without holding counseling in terms of provision of statute. 3. Learned AGA and learned counsel for respondent No.3 however submit that proviso to Section 3 of the Act enables the transfer without holding counseling in certain posts. Moreover, it is submitted that in terms of Section 4, the statute mandates Rural services to all the Medical Officer and this is what has been considered by the Karnataka State Administrative Tribunal2 in the impugned order. 4. Having heard the learned counsels for the interim payer, this Court finds that the Tribunal has not considered the contentions raised by the petitioner regarding the compliance of the relevant provision, viz., Section 3 of the Act. Section 4 of the Act, 2011 is not a provision either cited in the impugned order of transfer nor would be applicable, prima-facie to the facts of the present case since, this is not a case of a fresh appointment of the petitioner. The petitioner has been in service for more than 19 years now. 2 Hereinafter referred to as the ‘Tribunal’ - 4 - NC: 2025:KHC:18205-DB WP No. 13991 of 2025 5. Consequently, there shall be interim order of stay of the impugned order dated 22.04.2025 passed by the Tribunal in Application No.481/2025 at Annexure-A till the next date of hearing. The respondent-State and its authority to consider the transfer of the petitioner in terms of Section 3 of the Act, 2011. 6. At this juncture, learned AAG., would request that writ petition itself may be disposed of fixing a time frame for the counseling and transfer of the petitioner. Accordingly, writ petition stands disposed of with a direction to the Respondent- State and its authority to consider the transfer of the petitioner by way of counseling in terms of Section 3 of the Act, 2011 to be held within a period of four weeks from the date of receipt of a copy of this order. 7. Ordered accordingly. Sd/- (R DEVDAS) JUDGE Sd/- (C.M. POONACHA) JUDGE BS List No.: 1 Sl No.: 16