- 1 - HC-KAR NC: 2025:KHC:18685-DB WP No. 14523 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD 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. 14523 OF 2025 (S-KSAT) BETWEEN: MANU D T S/O THIMMALAH AGED ABOUT 32 YEARS PRESENTLY WORKING AS DEPUTY RANGE FOREST OFFICER CHOUDANAKUPPE SECTION KUNIGAL RANGE AT POST KUNIGAL TALUK, TUMKUR DISTRICT RESIDING AT FOREST QUATRES KUNIGAL RANGE, HULIYURUDURGA KUNIGAL TALUK, TUMKUR DIST-572123. …PETITIONER (BY SRI. S S NAGANAND, SR. COUNSEL FOR SRI N MANOHAR, ADV.) AND: 1. THE STATE OF KARNATAKA REP. BY ITS ADDITIONAL CHIEF SECRETARY TO GOVT (ACS) DEPT. OF FOREST, ENVIRONMENT AND ECOLOGY M S BUILDING, BENGALURU-560001. 2. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS (HOFF), ARANYA BHAVAN, 18TH CROSS, MALLESHWARAM, BANGALORE-560003. Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18685-DB WP No. 14523 of 2025 3. THE CONSERVATOR OF FORESTS, ARANYA BHAVAN, HASSAN CIRCLE, NEAR DAIRY CIRCLE, B M ROAD, HASSAN-573201. …RESPONDENTS (BY SRI.V SHIVA REDDY, AGA FOR R1 TO R3) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 14.05.2025 PASSED IN A.NO-2204/2025 PENDING BEFORE THE KAT, BENGLAURU AS ANNEXURE-A; B) ISSUE A WRIT OF MANDAMUS DIRECTING THE 3RD RESPONDENT TO CONSIDER THE 1ST CHOICE OF THE PLACE IE DRFO NURSERY DUTY-2 KUNIGAL SF RANGE AS APPLIED BY THE PETITIONERS DURING THE FILING OF TRANSFER APPLICATION WHICH IS STILL VACANT 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) The petitioner, Deputy Range Forest Officer (“DRFO” for short) belonging to the Forest Department is before this Court under Article 226 of the Constitution of India, questioning the correctness or otherwise of rejection of interim prayer under Order dated 14.05.2025 in Application No.2204/2025 pending before the Karnataka - 3 - HC-KAR NC: 2025:KHC:18685-DB WP No. 14523 of 2025 State Administrative Tribunal at Bengaluru (for short “the Tribunal”) and also sought for a direction to the 3rd respondent to consider his first choice of place, chosen by the petitioner. 2. Heard learned senior counsel Sri.S.S.Naganand for Sri.N.Manohar, learned counsel for the petitioner and Sri.V.Shivareddy, learned AGA for respondents. Perused the writ petition papers. 3. The petitioner who is working as DRFO participated in the Counseling for transfer and according to the petitioner, his first choice of place was Kunigal. It is the grievance of the petitioner that he has been shown posting as DRFO- Aggunda, Arasikere Range, Channarayapatna Sub- Division, Hassan Division. It is the further case of the petitioner that the place chosen by the petitioner i.e., Kunigal is vacant and it is not filled up by any other DRFO. The petitioner approached the Tribunal in Application No.2204/2025 with a prayer to quash the impugned order - 4 - HC-KAR NC: 2025:KHC:18685-DB WP No. 14523 of 2025 dated 12.05.2025 vide Annexure-A3, wherein the petitioner is provided posting to Arasikere Range and also sought for an interim prayer to stay the said Annexure-A3 dated 12.05.2025. The Tribunal, under the impugned order observed that the impugned order dated 12.05.2025 providing posting to the petitioner to Arasikere Range would be subject to the result of the application. Aggrieved by the said order, petitioner is before this Court. 4. This Court, by order dated 22.05.2025 taking note of the submission of the learned AGA that transfer of the petitioner is contingency transfer and directed the petitioner to report to duty at the transferred place and also issued a direction to keep vacant the first choice of posting of the petitioner. 5. Today, learned AGA Sri.V.Shivareddy on instructions would submit that it is not a contingency transfer. 6. When this Court has directed by way of interim order dated 22.05.2025 to keep the petitioner’s first choice of - 5 - HC-KAR NC: 2025:KHC:18685-DB WP No. 14523 of 2025 posting vacant and in the light of the specific assertion of the petitioner that first choice of posting of the petitioner is not filled up by any other DRFO, it would be appropriate at this stage to direct the respondents not to relieve the petitioner from the present place of working, if not already relieved. If the interim order is not granted while keeping the post vacant at the petitioner’s first choice of posting i.e., Kunigal, the petitioner would be prejudiced. Further, it is seen from the impugned order that the Tribunal has already directed the respondents to consider the request of the petitioner to transfer to A-Zone. When the Tribunal has directed to consider the representation of the petitioner to consider his request to transfer to A-Zone i.e., to select the place of his choice, the Tribunal ought to have directed the respondents not to relieve the petitioner from the present place of posting. 7. In the above peculiar facts of the case, the following order: (i)The writ petition is disposed of. - 6 - HC-KAR NC: 2025:KHC:18685-DB WP No. 14523 of 2025 (ii)The respondents are directed not to relieve the petitioner from the present place of working as DRFO, Chowdanakuppe Section, Kunigal Range, Kunigal Taluk. (iii)The Tribunal is directed to expedite the matter and dispose of the application at the earliest. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE MPK CT:bms List No.: 1 Sl No.: 17