- 1 - HC-KAR NC: 2025:KHC-D:10593-DB WP No. 106072 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL WRIT PETITION NO. 106072 OF 2025 (S-KAT) BETWEEN: SRI. KAMBLE PUNDALIKOPPA S. S/O SHETTUPPA AGED ABOUT 58 YEARS, THE DEPUTY DIRECTOR, DEPARTMENT OF SCHOOL, EDUCATION AND LITERACY, (PRE-GRADUATE EDUCATION), BAGALKOT- 587103. …PETITIONER (BY SRI. SUNIL S. DESAI, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY, DEPT. DEPARTMENT OF SCHOOL, EDUCATION AND LITERACY, (PRE-UNIVERSITY EDUCATION), GOVERNMENT OF KARNATAKA MINISTRY M.S.BUILDING, BENGALURU-560001. 2. THE PRINCIPAL SECRETARY KARNATAKA GOVERNMENT, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, (PRE-GRADUATE EDUCATION), GOVERNMENT OF KARNATAKA MINISTRY, M.S.BUILDING, BENGALURU-560001. 3. THE DIRECTOR DEPARTMENT OF SCHOOL EDUCATION AND LITERACY (PRE-GRADUATE EDUCATION), GOVERNMENT OF KARNATAKA MINISTRY, M.S. BUILDING, BENGALURU-560001. Digitally signed by SAMREEN AYUB DESHNUR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:10593-DB WP No. 106072 of 2025 4. SRI. RAJSHEKHAR S/O NEELKANTA PATTANASHETTY AGED ABOUT 57 YEARS, WORKING AS DEPUTY DIRECTOR DEPARTMENT OF SCHOOL EDUCATION (PRE-UNIVERSITY) BAGALKOT, C/O ANASUYA Y BHAJANTRI SY NO.117R, PLOT NO.105, RUPALAND, VINAYAK TEMPLE, KALADAGI ROAD, VIDYAGIR, BAGALKOT-587103, KARNATAKA …RESPONDENTS (BY SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE FOR R1-R3; SRI. SANTOSH HATTIKATAGI, ADVOCATE FOR C/R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 11-08-2025 PASSED BY HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BELAGAVI IN APPLICATION NO.10585/2025 VIDE ANNEXURE-E, AND CONSEQUENTLY APPLICATION MAY BE DISMISSED IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL - 3 - HC-KAR NC: 2025:KHC-D:10593-DB WP No. 106072 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) The present petition is filed by Sri. Kamble Pundalikoppa, who was respondent No.4 before the Tribunal. 2. Before the Tribunal, Sri. Rajshekhar had challenged the order of transfer at Annexure-A6 dated 23.05.2025 raising various grounds including that the order of transfer was bad as no order of posting was given and also on the ground that the order of transfer was premature as one being passed before the security tenure of 2 years was completed as provided under the transfer guidelines. 3. The Tribunal had set aside the order of transfer. It is a matter on record that Sri. Rajshekhar has continued in the same post as on date and he has completed his tenure. If that were to be so, it would not be appropriate to enter into the merits of the matter while observing that - 4 - HC-KAR NC: 2025:KHC-D:10593-DB WP No. 106072 of 2025 Sri. Rajshekhar is to report before the Principal Secretary, Department of School Education and Literacy – respondent No.2 herein and make himself available for being given an order of posting at a proper place. Such a course of action is required to be resorted as once the tenure is completed, no employee in service has a vested right to seek continuation. The tenure of Sri. Rajshekhar is completed during the pendency of the proceedings, is a necessary fact that requires to be taken note of by this Court. 4. Accordingly, order of the Tribunal is set aside and the order of transfer at Annexure-A6 is upheld. Sri. Rajshekhar - respondent No.4 herein is to report before the 2nd respondent herein and the 2nd respondent to pass order of posting within a period of two weeks from the date of receipt of certified copy of this order. Needless to state the respondent – Authority is to take note that repeatedly orders of transfer are being passed without simultaneously issuing orders of posting for the employees who have been transferred, which requires to be avoided - 5 - HC-KAR NC: 2025:KHC-D:10593-DB WP No. 106072 of 2025 in light of the Circular of the Chief Secretary bearing No. ¹D¸ÀÄE 14 ¸Éã˪À 2025, ¨ÉAUÀ¼ÀÆgÀÄ, dated 12.05.2025 and the Circular dated 23.05.2025 bearing No. ªÀÄÄPÁ/10131449/2025. Such course of action is also required in light of the order passed in the case of Ms. Seema H vs. The State of Karnataka and others – W.P.No.48499/2016 disposed off on 16.09.2016, wherein this Court has held that the order of transfer without posting suffers from legal malafides. 5. Accordingly, the petition is disposed off. Copy of this order to be forwarded to the Chief Secretary, Government of Karnataka to bestow necessary attention to the observations made. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE VP CT:VP