- 1 - HC-KAR NC: 2025:KHC:20419-DB WP No. 22405 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH 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.22405 OF 2023 (S-KSAT) BETWEEN: SRI. A. H. UMESHA S/O. LATE HOMBAHANUMAIAH, AGED ABOUT 50 YEARS, WORKING AS DEPUTY LABOUR COMMISSIONER, REGION-I, MANJUNATH NAGAR, BAGALAKUNTE, TUMKUR ROAD, BANGALORE - 560 073. …PETITIONER (BY SRI. SATISH K, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF LABOUR, REPRESENTED BY ITS PRINCIPAL SECRETARY, VIKASA SOUDHA, BENGALURU - 560 001. 2. SRI. VENKATESH APPAYYA SHINDIHATTI S/O APPAYYA SHINDIHATTI, AGED ABOUT 48 YEARS, WORKING AS DEPUTY LABOUR COMMISSIONER, KALBURGI REGION, Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20419-DB WP No. 22405 of 2023 KALBURGI KARMIKA BHAVAN, MSK MILL ROAD, ITI COLLEGE COMPOUND, KALBURGI - 585 102. 3. SRI. NAGESH. D. G. S/O SANNE GOWDA, AGED ABOUT 56 YEARS, WORKING AS DEPUTY LABOUR COMMISSIONER, BELAGAVI REGION, BELAGAVI - 591 306. …RESPONDENTS (BY SRI. B.RAVINDRNATH, AGA FOR R1; SRI. BASAVARAJA PATEL G K, ADVOCATE FOR R2; SMT. SRUTHI CHAGANTI, ADVOCATE FOR R3; SRI. RAKESH B BHAT, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 05/06/2023 PASSED BY THE HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BANGALORE IN APPLICATION NO.1555/2023 (ANNEXURE-A) AND IMPUGNED ORDER DATED 21/09/2023 PASSED IN REVIEW APPLICATION NO.153/2023 (ANNEXURE-B) AND CONSEQUENTLY DISMISS THE APPLICATION NO.1555/2023 PREFERRED BY THE RESPONDENT NO.2 BEFORE THE HON’BLE TRIBUNAL (ANNEXURE-C), IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR FINAL HEARING, 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:20419-DB WP No. 22405 of 2023 ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) Heard Sri.Sathish K., learned counsel for the petitioner and Sri.B.Ravindranath, learned AGA for respondent No.1 and Sri.Basavaraja Patel G.K., learned counsel for the respondent No.2. 2. The petitioner is before this Court questioning the order dated 05.06.2023 in Application No.1555/2023, wherein, the application filed by the respondent No.3, the respondent No.1 is directed to consider his case for reposting him to original post and take a decision in the matter. The review filed by the petitioner herein against the said order is dismissed by order dated 21.09.2023. Challenging the same, the above writ petition is filed. 3. Learned counsel for the petitioner has filed a memo dated 06.06.2025 for disposal on the ground that one Sri.K.L.Ravikumar is promoted as Deputy Labour Commissioner, Region-I under notification dated - 4 - HC-KAR NC: 2025:KHC:20419-DB WP No. 22405 of 2023 04.03.2025 and posted to his place and in pursuance to the said notification, he has handed over charge. Therefore, he submits that the prayer of the petitioner would no more survive for consideration. 4. On the other hand, Sri.Basavaraja Patel G.K., learned counsel appearing for the respondent No.2 would submit that earlier he was working in the said post as Deputy Conservator of Forest and his request subsequent to Annexure – A4 notification dated 31.01.2023 is to be considered in the light of the order dated 05.06.2023 in Application No.1555/2023. Hence, he claims that he ought to have been posted as Deputy Labour Commissioner, Region-1, Bengaluru. 5. Since the petitioner has filed a memo stating that the prayer would no more survive for consideration, accepting the said submission and as the subsequent posting of Sri.K.L.Ravikumar, impleading applicant herein is a new cause of action for the respondent No.2 to - 5 - HC-KAR NC: 2025:KHC:20419-DB WP No. 22405 of 2023 challenge his posting, with that liberty, the writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE MH/- List No.: 1 Sl No.: 1