- 1 - HC-KAR NC: 2025:KHC:24461-DB WP No. 19572 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO.19572 OF 2025 (S-KSAT) BETWEEN: SRI. NARASIMHAMURTHY. C S/O CHANNANANJAIAH AGED ABOUT 59 YEARS PRESENTLY WORKING AS ACCOUNTS OFFICER (AUDIT) O/O DEPARTMENT OF COLLEGIATE EDUCATION SHESHADRI ROAD, BENGALURU – 560 009 R/AT NO.M.F.49/7, 1ST FLOOR, PANCHADEEPA COLONY, NANDINI LAYOUT, BENGALURU – 560 096 …PETITIONER (BY SRI. T.NARAYANA SWAMY, ADVOCATE FOR SRI. BASAVARAJA PATEL G K, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF FINANCE (ADMINISTRATIVE AND ADVANCES) VIDHANA SOUDHA BENGALURU - 560 001 REP BY ITS ADDL. CHIEF SECRETARY 2. THE PRINCIPAL DIRECTOR, KARNATAKA STATE AUDIT AND ACCOUNTS Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24461-DB WP No. 19572 of 2025 DEPARTMENT TTMC BUILDING, 3RD FLOOR, A BLOCK, BMTC, SHANTHINAGARA, BENGALURU - 560 027. 3. THE COMMISSIONER, DEPARTMENT OF COLLEGIATE EDUCATION SHESHADRI ROAD, BENGALURU – 560 009 4. SRI. VENKATESH.K. S/O NOT KNOWN TO THE PETITIONER AGED ABOUT MAJOR PRESENTLY WORKING AS ACCOUNTS OFFICER, O/O THE COMMISSIONER BACKWARD CLASS WELFARE DEPARTEMENT BENGALURU - 560 001. …RESPONDENTS (BY SRI. SATISH K, ADVOCATE FOR R4; SRI. V SHIVA REDDY, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED PRAYING TO CALL FOR RECORDS RELATING TO THE IMPUGNED ORDER PASSED BY THE KSAT AT THE BENGALURU DATED 24.06.2025 MADE IN A.No-2810/2025 VIDE ANNEXURE-A PERUSE AND QUASH THE SAID ORDER AS ERRONEOUS AND CONTRARY TO LAW, AND ALLOW THE INTERIM PRAYER SOUGHT IN APPLICATION NO.2810/2025 THEREIN, 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 - 3 - HC-KAR NC: 2025:KHC:24461-DB WP No. 19572 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petitioner, a physically challenged person working as Accounts Officer (Audit) in the Office of Department of Collegiate Education, Bengaluru is before this Court under Article 226 of Constitution of India, aggrieved by the interim order dated 24.06.2025 in Application No.2810/2025 passed by the Karnataka State Administrative Tribunal (for short, 'the Tribunal') rejecting the interim prayer of the petitioner, to stay the impugned notification dated 20.06.2025 (Annexure - A9) wherein, the petitioner is transferred to Office of the Commissioner, Backward Classes Welfare Department, Bengaluru, in place of respondent No.4 and respondent No.4 is posted to petitioner's place. 2. Heard Sri.T.Narayanswamy, learned counsel for Sri.Basavaraja Patel G., learned counsel for the petitioner and Sri.K.Sathish, learned counsel for the respondent No.4. Sri.V.Shiva Reddy, learned AGA has taken notice for respondent Nos.1 to 3. Perused the entire writ petition papers. - 4 - HC-KAR NC: 2025:KHC:24461-DB WP No. 19572 of 2025 3. Sri.T.Narayanswamy, learned counsel would submit that the petitioner is a physically challenged person and he was working as Accounts Officer (Audit) in the Office of Department of Collegiate Education, Bengaluru since 10.03.2023 and he has left with one year to retire from the service. Further, he submits that the respondent No.4, who has only served for four months at Commissioner, Backward Classes Welfare Department, Bengaluru, is being posted only to disturb the petitioner and to favour respondent No.4 with his choice of posting. Learned counsel refers to Government order dated 12.06.2024 (Annexure - A6) and submits that physically challenged persons are exempt from transfer and as such, without taking note of the above contentions, the Tribunal rejected the interim prayer of the petitioner, which is wholly erroneous, which requires interference by this Court. 4. Sri.K. Sathish, learned counsel for the respondent No.4 would submit that there is no change of Head Quarters for the petitioner and he has been given posting at Bengaluru itself. As such, no hardship would be caused to the petitioner. - 5 - HC-KAR NC: 2025:KHC:24461-DB WP No. 19572 of 2025 5. Having heard the learned counsel for the parties and on perusal of the entire writ petition papers, the only point that arise for consideration is:- 6. Whether interim order passed by the Tribunal rejecting prayer of the petitioner to stay the impugned order of transfer dated 20.06.2025, requires interference at the hands of this Court? 7. The answer to the above point would be in the ‘Negative’ for the following reasons:- The petitioner is given posting within Bengaluru itself and there is no change of Head Quarters so as to warrant hardship to the petitioner. Whether transfer of physically challenged person is prohibited? Whether the respondent No.4 is posted to disturb the petitioner and to accommodate respondent No.4? and whether the respondent No.4 has completed his tenure at the Commissioner, Backward Classes Welfare Department, Bengaluru, is a matter to be considered by the Tribunal at the time of disposal. - 6 - HC-KAR NC: 2025:KHC:24461-DB WP No. 19572 of 2025 8. At this stage, if this Court ventures to examine the said contentions, nothing would remain before the Tribunal for consideration. Therefore, at present, as no hardship would be caused to the petitioner when he is given posting within Bengaluru itself, we are not inclined to interfere with the interim order passed by the Tribunal. 9. Sri.K.Sathish, learned counsel for respondent No.4 undertakes to file objections before the Tribunal within a week, so also learned Government Advocate. 10. We request the Tribunal to dispose of the application within three months. With the above, the writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE MH/- List No.: 1 Sl No.: 7