- 1 - NC: 2025:KHC-D:6948-DB WP No. 107948 of 2024 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 26TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO.107948 OF 2024 (S-KAT) BETWEEN: SHRI SANTOSH M. KUDALKAR S/O. LATE MOHAN KUDALKAR, AGED ABOUT 49 YEARS, WORKING AS SUPERINTENDENT OF EXCISE O/O THE DEPUTY COMMISSIONER OF EXCISE ABAKARI BHAVAN, UTTARA KANNADA, KARWAR DISTRICT, R/AT NO.2669/1, NEAR DURGA DEVI TEMPLE, KODIBAG, KARWAR-581303, UTTARA KANNADA. …PETITIONER (BY SRI VIJAYKUMAR B. BAJENTRI, ADVOCATE.) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, FINANCE DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001. 2. THE COMMISSIONER OF EXCISE, TTMC BUILDING, SHANTHINAGAR, BENGALURU-560027. 3. THE DEPUTY COMMISSIONER OF EXCISE, ABAKARI BHAVAN, UTTARA KANANDA, KARWAR DISTRICT-581301. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:6948-DB WP No. 107948 of 2024 4. SHRI TALEKAR R.V., AGE. MAJOR, (UNDER THE ORDERS OF PROMOTION AS EXCISE SUPERINTENDENT) HONNAVARA SUB DIVISION, UTTARA KANNADA DIST. 581341. …RESPONDENTS (BY SRI V.S. KALASURMATH, ADDITIONAL GOVERNMENT ADVOCATE FOR R1 TO R3; SRI MADANGOUDA N. PATIL, ADVOCATE FOR R4.) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 20.12.2024 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BELAGAVI IN APPLICATION NO.12318/2024 (VIDE ANNEXURE-A) AND ALLOW THE APPLICATION AS PRAYED FOR AND ETC.,. THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) Learned Additional Government Advocate files a memo dated 25.04.2025 enclosing a notification bearing No.AaI 173 EWP 2025(Bha) dated 23.04.2025, which provides posting to the petitioner as Excise Superintendent, KSBCL Depot, Belagavi North, a vacant post. - 3 - NC: 2025:KHC-D:6948-DB WP No. 107948 of 2024 2. Learned counsel Sri Vijayakumar Bajentri, submits that the posting provided is contrary to the Government Order dated 25.06.2024 (Annexure-A4) Transfer Guidelines of the Government Employees, wherein it is stated that physically challenged persons are to be provided posting to the nearest place. 3. Learned Additional Government Advocate Sri V.S.Kalasurmath would submit that the nearest vacancy available is Belagavi North. Hence the petitioner is provided posting to Belagavi North. He further submits that the other vacancies are available at Bengaluru Urban, Bengaluru Rural, Mysuru Urban, Mysuru Rural, Ramanagara and Shivamogga. Since Belagavi North was the nearest vacancy available, the petitioner has been provided to the nearest vacancy. 4. Government Order dated 25.06.2024 Transfer Guidelines provides that a physically challenged person shall be posted as far as possible to a nearest vacancy. In the instant case petitioner was working at Karwar and nearest vacancy Belagavi is provided. - 4 - NC: 2025:KHC-D:6948-DB WP No. 107948 of 2024 5. Accordingly, the writ petition stands disposed of. 6. If still the petitioner is of the opinion that the notification dated 23.04.2025 providing posting is contrary to the Transfer Guidelines, it is open for the petitioner to challenge the same before the appropriate forum. 7. Pending interlocutory applications, if any, stand disposed of as they do not survive for consideration. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE MRK CT: UMD List No.: 1 Sl No.: 21