- 1 - NC: 2025:KHC:7043 WP No. 18562 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 18562 OF 2023 (S-TR) BETWEEN: SMT. M.S. SAROJAMMA W/O SRI. THONTEHSWARA, AGE 57 YEARS, FIRST DIVISION ASSISTANT, CITY MUNICIPAL COUNCIL, ARSIKERE, HASSAN DISTRICT- 573 103. R/AT, C/O SRI MADHUKARA B.A., CHOWDESHWARINAGARA, GARUDANAGIRI ROAD, MARKET BACKSIDE, ARSIKERE, HASSAN DISTRICT - 573 103. …PETITIONER (BY SRI. MANU VENKATA REDDY V., ADVOCATE FOR SRI. VIJAYA SIMHA REDDY D V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, BANGALORE - 560 001. 2. THE DIRECTOR OF MUNICIPAL ADMINISTRATION, DEPARTMENT OF MUNICIPAL ADMINISTRATION, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:7043 WP No. 18562 of 2023 9TH FLOOR, VISVESWARAIAH MAIN TOWER, DR. B. R AMBEDAKAR VEEDI, BENGALURU- 560 001 3. THE DEPUTY COMMISSIONER HASSAN DISTRICT, HASSAN - 573 201. 4. KUMARI ANANYA P, REVENUE INSPECTOR (FGIRI), CITY MUNICIPAL COUNCIL, ARSIKERE, HASSAN DISTRICT - 573 103 …RESPONDENTS (BY SRI. B.J. ESWARAPPA, AGA FOR R1-R3; SRI. MANJUNATH P.V., ADVOCATE FOR C/R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR RECORDS PERTAINING TO THE IMPUGNED OFFICIAL MEMORANDUM NO. 1120939 DMA /ESTI/TRF/37/2023 (BHAGA- 1) DATED 08/08/2023 PASSED BY THE R2 (ANNEXURE-C) AND TO ISSUE WRIT OF CERTIORARI TO QUASH THE AFORESAID IMPUGNED OFFICIAL MEMORANDUM IN SO FAR AS IT RELATES TO THE PETITIONER AT SL. 7 AND THE 4TH RESPONDENT AT SL. NO. 6 ARE CONCERNED AS THE SAME IS UNJUST, ARBITRARY AND CONTRARY TO THE LAW OF LAND IN SO FAR AS IT RELATES TO THE PETITIONER AND THE R4 ARE CONCERNED AND ETC. - 3 - NC: 2025:KHC:7043 WP No. 18562 of 2023 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER The petitioner-a First Division Assistant working in the City Municipal Council, Arsikere, is before this Court under Article 226 of the Constitution of India, questioning the impugned Official Memorandum Bearing No.1120939 DMA/EST1/TRF/37/2023 dated 08.08.2023 (Annexure-C) by which, the petitioner is transferred to 4th respondent's place and 4th respondent is posted to petitioner's place. 2. This Hon'ble Court by order dated 23.08.2023 granted interim order of stay of Annexure-C dated 08.08.2023. It is submitted by virtue of the interim order passed by this Court, petitioner is continued at City Municipal Council, Arsikere. 3. Learned counsel has filed a memo dated 28.01.2025 enclosing Official Memorandum dated 31.07.2024 under - 4 - NC: 2025:KHC:7043 WP No. 18562 of 2023 which, the 4th respondent is posted as FDA, Channarayapatna Municipal Council, to a vacant post. Hence, learned counsel submits that since the petitioner has not completed her tenure of four years at the present place, she shall be continued in the present place, till she completes her tenure of four years. 4. The petitioner is posted to the present place on 07.03.2022 and the impugned order posting 4th respondent and transferring the petitioner to 4th respondent's place is dated 08.08.2023. Admittedly the petitioner has not completed her minimum tenure of four years as on the date of transfer. However, during the pendency of the writ petition, by Official Memorandum dated 31.07.2024, the 4th respondent is given a separate posting as FDA at Channarayapatna City Municipal Council. 5. In view of the above, I pass the following :- ORDER a. Writ petition is allowed. - 5 - NC: 2025:KHC:7043 WP No. 18562 of 2023 b. The impugned Official Memorandum Bearing No.1120939 DMA/EST1/TRF/37/2023 dated 08.08.2023 (Annexure-C) is quashed insofar as the petitioner and 4th respondent, are concerned. c. The respondents 1 and 2 are directed to continue the petitioner in the present post till she completes her tenure of four years or in case administrative exigencies arise, liberty is reserved to the respondents 1 and 2 to transfer the petitioner, before completion of petitioner's tenure by following the Government Order dated 25.06.2024. Sd/- (S.G.PANDIT) JUDGE NG List No.: 1 Sl No.: 38 CT:SNN