- 1 - HC-KAR NC: 2025:KHC:32660-DB WP No. 24723 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 24723 OF 2025 (S-KSAT) BETWEEN: 1. SRI SHAMBHULINGA DHAGGE B. R., S/O RAMALINGAPPA S., AGED ABOUT 47 YEARS, WORKING AS FIRST DIVISION ASSISTANT, OFFICE OF THE SUB REGISTRAR, VARTHUR, BENGALURU - 560 081. …PETITIONER (BY SMT. SHILPA RANI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, (STAMPS AND REGISTRATION), M.S.BUILDINGS, BENGALURU - 560 001. 2. THE INSPECTOR GENERAL REGISTRATION AND COMMISSIONER OF STAMPS, 8TH FLOOR, Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32660-DB WP No. 24723 of 2025 KANDAYA BHAVAN, K.G.ROAD, BENGALURU - 560 009. 3. SRI B. H. JAGADEESH, AGE MAJOR, WORKING AS FIRST DIVISION ASSISTANT, O/O SUB REGISTRAR, KACHAKARANAHALLI, BENGALURU - 560 045. UNDER AN ORDER OF TRANSFER AS FDA, O/O SUB REGISTRAR, VARTHUR BENGALURU - 560 081. …RESPONDENTS (BY SRI B. RAVINDRANATH, AGA FOR R1; SRI K. SATISH, ADVOCATE FOR C/R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT ORDER OR DIRECTION QUASHING THE ORDER DATED 31.07.2025 PASSED IN A.No-2601/2025 (S-KSAT) BY THE HON'BLE KSAT BENGALURU AND CONSEQUENTLY ALLOW THE A.No- 2601/2025 AS PRAYED FOR CONSEQUENTLY DIRECT THE RESPONDENTS TO PERMIT THE PETITIONER TO WORK AT VARTURU AND THIS WP BE ALLOWED IN THE ENDS OF THE JUSTICE AND ETC,. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:32660-DB WP No. 24723 of 2025 CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petitioner-First Division Assistant is before this Court under Articles 226 and 227 of the Constitution of India aggrieved by order dated 31.07.2025 in Application No.2601/2025 passed by the Karnataka State Administrative Tribunal, Bengaluru (for short 'the Tribunal') rejecting the petitioner's challenge to the order of Transfer dated 14.06.2025 transferring the petitioner from the office of Sub-Registrar, Varthur to the office of Sub-Registrar, Laggere within Bengaluru. 2. Heard Smt. Shilpa Rani, learned counsel for the petitioner, Sri.B.Ravindranath, learned Additional Government Advocate for respondent No.1 and Sri.K.Satish, learned counsel for caveator-respondent No.3, and perused the entire writ petition papers. - 4 - HC-KAR NC: 2025:KHC:32660-DB WP No. 24723 of 2025 3. Learned counsel for the petitioner would submit that while the petitioner was working as First Division Assistant in the office of District Registration Office of Belagavi, he was transferred to the vacant post in the Office of Sub-Registrar, Varthur vide order dated 15.07.2021. Pursuant to the said order, the petitioner relieved from the said office on 29.11.2021 and reported to duty at the transferred place i.e., Office of Sub- Registrar, Varthur on 01.12.2021. Subsequently, the petitioner was regularly promoted to the post of First Division Assistant under impugned Official Memorandum dated 06.11.2024. Under impugned order dated 14.06.2025 (Annexure-A7), the petitioner is transferred from the Office of Sub-Registrar, Varthur, Bengaluru to the Office of Sub-Registrar, Laggere, Bengaluru. Respondent No.3 is posted in place of the petitioner. Questioning the said transfer order, the petitioner was before the Tribunal in the above stated application and the Tribunal, under - 5 - HC-KAR NC: 2025:KHC:32660-DB WP No. 24723 of 2025 impugned order dated 31.07.2025 rejected the petitioner's application. 4. Learned counsel for the petitioner would submit that the Tribunal while dismissing the application, has held that the petitioner has substantially completed the tenure at the office of Sub-Registrar, Varthur, Bengaluru and the impugned order of transfer has been implemented. Learned counsel for the petitioner would submit that the said finding is opposed to the material on record. The petitioner who belongs to group 'C' is provided with four years tenure at the place of posting and petitioner would complete his tenure only in December, 2025 and the transfer under impugned Official Memorandum dated 14.06.2025 is premature. 5. Learned counsel for the petitioner submits that the Tribunal failed to take note of the decision of the Coordinate Bench of this Court dated 24.11.2021 in Writ Petition No.18489/2021 in the case of - 6 - HC-KAR NC: 2025:KHC:32660-DB WP No. 24723 of 2025 Sri.M.Revannasiddappa vs. State of Karnataka and another wherein, the Coordinate bench has observed that the Rules framed by the Government has to be strictly adhered to and the same cannot be relaxed on percentage basis for computing the minimum period for the purpose of analysing or examining the validity of transfer order. Thus, learned counsel for the petitioner would further submit that the tenure of the petitioner is to be computed only from the date of his regular promotion i.e., 06.11.2024 and as such, submits that the petitioner has tenure at the present place at Varthur till 30.10.2028. Thus, learned counsel for the petitioner prays for allowing the writ petition. 6. Learned counsel appearing for respondents including Additional Government Advocate would support the order passed by the Tribunal and would contend that the petitioner was working as First Division Assistant in the present office at Varthur since 15.07.2021 and he has almost completed his tenure at the office of Sub-Registrar, - 7 - HC-KAR NC: 2025:KHC:32660-DB WP No. 24723 of 2025 Varthur, Bengaluru. It is submitted that the decision in the Revannasiddappa's case would have no application to the present case, since in the said case, the petitioner therein was not provided posting. In those circumstances, the Coordinate Bench has observed as stated above. Thus, learned counsels pray for dismissal of the writ petition. 7. Having heard learned counsels for the parties and on perusal of the entire writ petition papers, we are not inclined to interfere with the impugned order passed by the Tribunal. 8. The petitioner belongs to group 'C' post and holds transferable post. Transfer is not a condition of service and it is only an incidence of service as held by the Hon'ble Supreme Court. The petitioner is admittedly holding the post of First Division Assistant from 29.11.2021 and he is posted to work as First Division Assistant and reported to duty at the present place of Varthur on 01.12.2021. As on this date, the petitioner has - 8 - HC-KAR NC: 2025:KHC:32660-DB WP No. 24723 of 2025 completed more than three and half years at Varthur. The petitioner is not transferred out of Bengaluru, whereas, the petitioner is transferred from one office to another office, within Bengaluru. No hardship or inconvenience would be caused to the petitioner. Moreover, the Tribunal has rightly observed that since it is a general transfer, the approval of Chief Minister would not be necessary in the guidelines dated 12.05.2025. 9. Learned counsel for the petitioner places reliance on Revannasiddappa's case to contend that till completion of his tenure, the petitioner ought to have been continued at the office of Sub-Registrar at Varthur. 10. We have gone through the said decision and the Coordinate bench noticing that the petitioner therein, was not provided with posting and the transfer was without the approval of the Chief Minister, it is observed that the Government order laying down transfer guidelines has to be strictly adhered to. As such, the circumstances of the - 9 - HC-KAR NC: 2025:KHC:32660-DB WP No. 24723 of 2025 Revannasiddappa's case and this case differ significantly. 12. In the above circumstances, we do not fine any merit in the writ petition and accordingly, stands rejected. In view of dismissal of the writ petition, the interlocutory application would not survive and it stands accordingly disposed of. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE DDU List No.: 1 Sl No.: 14