- 1 - HC-KAR NC: 2025:KHC-D:7704-DB WP No. 102120 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND WRIT PETITION NO.102120 OF 2025 (S-KAT) BETWEEN: 1. THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER, BELLARY DISTRICT, BELLARY-583101. 3. THE DEPUTY COMMISSIONER, VIJAYANAGAR DISTRICT, HOSPET, VIJAYANAGAR-583201. …PETITIONERS (BY SRI. T. HANUMAREDDY, ADDITIONAL GOVERNMENT ADVOCATE) AND: 1. SRI. THIPPESHA K. S/O. SOMANAGOUDA K., AGE ABOUT 25 YEARS, OCC. VILLAGE ADMINISTRATIVE OFFICER, TALUK OFFICE, BELLARY TALUK, BELLARY DISTRICT, R/O. HOMBALI VILLAGE, KOTTURU TALUK, DIST. VIJAYANAGAR-583134. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:7704-DB WP No. 102120 of 2025 2. SRI. SHIVARAJA GODEKAR S/O. YELLAPPA GODEKAR, AGE ABOUT 32 YEARS, OCC. VILLAGE ADMINISTRATIVE OFFICER, TALUK OFFICE, SHIRGUPPA TALUK, BELLARY DISTRICT, R/O. HAMPASAGAR VILLAGE, H.B. HALLI TALUK, DIST. VIJAYANAGAR-583201. 3. SRI. DEVARAJA H. S/O. PARUSHAPPA, AGE ABOUT 30 YEARS, OCC. VILLAGE ADMINISTRATIVE OFFICER, TALUK OFFICE, SHIRAGUPPA TALUK, BELLARY DISTRICT, R/O. AIYYANAHALLI, KOTTURU TALUK, DIST. VIJAYANAGAR-583134. …RESPONDENTS (BY SRI. VIJAYKUMAR, ADVOCATE AND SRI. OMKAR L.DESAI, ADVOCATE FOR C/R1 TO C/R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, QUASH THE IMPUGNED ORDER DATED 23.08.2024 (ANNEXURE-D) PASSED IN APPLICATION NO.10667 TO 10669/2024 BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BELAGAVI BY ISSUING A WRIT OF CERTIORARI AS ILLEGAL AND CONSEQUENTLY BE PLEASE TO DISMISS THE APPLICATION FILED BY THE RESPONDENTS HEREIN BY ALLOWING THIS WRIT PETITION AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:7704-DB WP No. 102120 of 2025 CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND ORAL ORDER (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) The State of Karnataka and the Deputy Commissioners of Ballari District and Vijayanagara District are before this Court aggrieved of the impugned order dated 23.08.2024 passed by the Karnataka State Administrative Tribunal at Belagavi in Applications No.10667-10669/2024. 2. The respondents had filed the application which is the second in the row. Earlier the very same respondents had filed Applications No.11441-11444/2022 contending that the applicants are directly recruited as Village Accountants and were serving in Ballari District. However, after the bifurcation of Ballari District and a new District Vijayanagara being carved out, the Village Accountants were given an option either to continue in Ballari District or to opt to be transferred to Vijayanagara - 4 - HC-KAR NC: 2025:KHC-D:7704-DB WP No. 102120 of 2025 District permanently. The criteria adopted by the Special Officer was to maintain balance between directly recruited officials and the promotees in each cadre on one to one exchange basis. The Tribunal found on perusal of OM dated 01.01.2022 that only six vacancies were available at Vijayanagara District and therefore, the senior most six persons who had opted to be transferred to Vijayangara district were transferred. However, admittedly 72 representations were given for transfer to Vijayangara District. Thereafter when the applicants gave further representations along with the State President of the Karnataka State Village Accountants Central Association on 11.02.2022, the Government, vide letter dated 05.01.2023, issued permission to consider the case of the applicants as per the Government Order dated 30.09.2021. However, Deputy Commissioners imposed a condition that the transfer would be possible if the applicants agreed to be placed below the already transferred six Village Accountants. The Tribunal found - 5 - HC-KAR NC: 2025:KHC-D:7704-DB WP No. 102120 of 2025 that such a condition was fallacious having regard to the admitted position that the applicants had not given a second representation and they had exercised their option at the first instance i.e. on 08.10.2021 itself. Accordingly, the Tribunal allowed the applications by order dated 27.06.2023, while setting aside the earlier endorsements dated 05.07.2022 and 03.09.2022. The Deputy Commissioners were directed to consider the option already submitted by the applicants vide format dated 08.10.2021 and their representations dated 04.06.2022 and 28.07.2022 (Annexures-A7 and A8) and further direction was issued to transfer the applicants from Ballari to Vijayangara District to the post of Village Accountants in the vacant posts available within two months of the receipt of a copy of the order. However, when the respondents failed to act on the directions issued by the Tribunal, the applicants filed a contempt petition in Contempt of Tribunal Applications No.2182-2185/2023. - 6 - HC-KAR NC: 2025:KHC-D:7704-DB WP No. 102120 of 2025 3. During the course of the contempt proceedings, the Deputy Commissioners issued an endorsement dated 22.01.2024 and accordingly, the contempt proceedings were dropped, while granting liberty to the applicants to raise a challenge to the endorsement dated 22.01.2024. 4. As a consequence, the applicants once again filed Applications No.10667-10669/2024. This time again the Tribunal upheld the contention of the applicants that they had exercised their option on 08.10.2021 and it was yet to be considered and therefore, their representations given subsequently cannot be treated as a second option given by the applicants. The Tribunal once again found that the reasons assigned in the impugned endorsement that 20 posts were subsequently created, even if accepted the posts were available as on 14.11.2022 and therefore, the consideration of the options exercised by the applicants could not be stalled and such action was held as arbitrary. - 7 - HC-KAR NC: 2025:KHC-D:7704-DB WP No. 102120 of 2025 5. It was noticed that the Tribunal had earlier quashed the endorsements dated 05.07.2022 and 03.09.2022 and had issued a direction to consider the option submitted by the applicants on 08.10.2021 and the earlier order passed by the Tribunal was never challenged by the State Government or the Deputy Commissioners. It was held that the earlier order passed by the Tribunal had attained finality and therefore, the reasons assigned in the endorsement dated 22.01.2024 was untenable. 6. It was noticed from the records and the information furnished under the Right To Information Act, that as on 03.11.2022, 18 vacancies in the cadre of Village Administrative Officer were available. The contention of the respondent-State that after the bifurcation of Ballari and the formation of the new Vijayanagara District and the transfer of the six officers, seniority list were finalized and promotions were thereafter given to First Division Assistants and on the basis of such promotion, 24 posts of - 8 - HC-KAR NC: 2025:KHC-D:7704-DB WP No. 102120 of 2025 Village Administrative Officers became vacant, was not accepted by the Tribunal. 7. Having regard to the directions issued by the Tribunal, we find that the Tribunal has allowed the applications while setting aside the endorsement dated 22.01.2024 and the communication dated 16.01.2024 at Annexure-A15 made by the Principal Secretary, Department of Revenue to the Deputy Commissioner, Vijayanagara District while directing the Deputy Commissioners to consider the option already exercised by the applicants on 08.10.2021 and a specific direction has been issued by the Tribunal to transfer the applicants from Ballari District to Vijayangara District to the post of Village Administrative Officers in the available vacant posts without giving room for further litigation. 8. We also find that the Tribunal has directed that the issue of seniority shall be settled only in accordance with the existing rules and law. This Court is therefore of the considered opinion that there should be no - 9 - HC-KAR NC: 2025:KHC-D:7704-DB WP No. 102120 of 2025 difficulty for the State Government and the Deputy Commissioners to comply with the directions issued by the Tribunal. Since the Tribunal has rightly directed that the issue of seniority shall be settled after the transfer of the respondents herein in the existing vacant posts, there should not be any impediment for the State Government and the Deputy Commissioners to comply with the directions and consider such an issue regarding seniority subsequently, in accordance with the existing rules and law. 9. Accordingly, the Writ Petition stands dismissed. Sd/- (R.DEVDAS) JUDGE Sd/- (K V ARAVIND) JUDGE NAA CT: UMD List No.: 1 Sl No.: 34