- 1 - HC-KAR NC: 2025:KHC:38032-DB WP No. 28760 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 28760 OF 2025 (S-KSAT) BETWEEN: SMT. V RAGINI W/O SRI. RAJIV SATYANARAYANA, AGED ABOUT 32 YEARS, DEPUTY CONTROLLER OF ACCOUNTS OFFICE OF THE COMMISSIONER, SOCIAL WELFARE DEPARTMENT M.S.BUILDUNG, BANGALORE -560 001, R/AT NO.538, 64TH CROSS, 5TH BLOCK, RAJAJINAGAR, BENGALURU-560 010. …PETITIONER (BY SRI. RANGANTHA S JOIS, ADV.) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE VIDHANA SOUDHA, BANGALORE -560 001. Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38032-DB WP No. 28760 of 2025 2. THE COMMISSIONER, SOCIAL WELFARE DEPARTMENT, M. S. BUILDING, BANGALORE - 560 001. 3. SRI. C. GANGADHAR, AGE: MAJOR, WORKING CHIEF ACCOUNTS OFFICER, SOCIAL WELFARE DEPARTMENT, O/O THE COMMISSIONER OF SOCIAL WELFARE DEPARTMENT M. S. BUILDING, BENGALURU-560 001. …RESPONDENTS (BY SRI.V SHIVAREDDY, AGA FOR R1 & R2) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS RELATING TO THE IMPUGNED ORDER DATED 18.08.2025 IN A.NO.3714/2025 PASSED BY THE KSAT VIDE ANNEXURE-B PERUSE AND QUASHING THE SAME AS ARBITRARY, ILLEGAL AND VIOLATIVE OF ARTICLES 14 AND 16(1) OF THE CONSTITUTION OF INDIA IN SO FAR AS THE NON GRANT OF INTERIM ORDER AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE K. V. ARAVIND - 3 - HC-KAR NC: 2025:KHC:38032-DB WP No. 28760 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petitioner, an Officer in the cadre of Deputy Controller of Accounts who is posted on promotion to Office of the Commissioner, Social Welfare Department is before this Court, aggrieved by the order dated 18.08.2025 in Application No.3714/2025 where under, the Tribunal refused to grant interim order. 2. Heard Sri.Ranganatha Jois, learned counsel for the petitioner through video conferencing and learned Additional Government Advocate Sri.V.Shivareddy for respondents No.1 and 2. Perused the entire writ petition papers. 3. Learned counsel for the petitioner would submit that the petitioner who was working in the cadre of Assistant Controller of Accounts was promoted under notification dated 02.08.2025 as Deputy Comptroller of Accounts and was posted as Chief Accounts Officer in the Social Welfare - 4 - HC-KAR NC: 2025:KHC:38032-DB WP No. 28760 of 2025 Department at Bangalore in the place on Sri.C.Gangadhar, 3rd respondent herein, who was promoted as Joint Controller of State Accounts. Learned counsel would submit that the petitioner was relieved of her duties on 07.08.2025 with a direction to report to duty at the place of posting. Accordingly, it is submitted that the petitioner said to have reported to duty on 07.08.2025 and as the duty report of the petitioner was not accepted, the petitioner approached the Tribunal in Application No.3651/2025 wherein the Tribunal by interim order dated 14.08.2025 directed the Commissioner, Social Welfare Department to accept the duty report of the petitioner in pursuance of her promotion and transfer dated 02.08.2025. Learned counsel would submit that, subsequently, impugned notification dated 12.08.2025 was issued canceling posting of the petitioner as Chief Accounts Officer to Social Welfare Department. Questioning the said notification, the petitioner was again before the Tribunal in Application No.3714/2025. In the - 5 - HC-KAR NC: 2025:KHC:38032-DB WP No. 28760 of 2025 said Application, the petitioner had sought for stay of notification dated 12.08.2025, canceling the posting of the petitioner. As the Tribunal refused to consider the interim prayer, the petitioner is before this Court. 4. Learned counsel Sri.Ranganath Jois would raise several contentions including the contention that the respondent-Authorities instead of accepting duty report of the petitioner have canceled the posting itself, which is wholly illegal and unreasonable. Learned counsel would also submit that a person who has not obeyed the interim direction of the Tribunal in Application No.3651/2025 would not be entitled for any relief. As such, the Tribunal ought to have granted interim prayer as sought in Application No.3714/2025. 5. Learned AGA would submit that when the posting of the petitioner is cancelled, she would have no right to report to duty in pursuance of the Notification dated - 6 - HC-KAR NC: 2025:KHC:38032-DB WP No. 28760 of 2025 02.08.2025. It is submitted that she has to seek for fresh posting. Thus, he prays for dismissal of the writ petition. 6. Having heard the learned counsel for the parties and on perusal of the entire writ petition papers, we are not inclined to accept the contention of the petitioner since the petitioner has not made out any ground to interfere with non-consideration of interim prayer and the writ petition is liable to be dismissed. 7. The contentions raised by the petitioner needs to be considered by the Tribunal. At this stage, if the contentions are considered and answered, nothing would remain to be considered before the Tribunal. Moreover, before permitting the petitioner to report to duty at the office of the Commissioner, Social Welfare Department, the Tribunal has to decide the correctness or otherwise of Notification dated 12.08.2025, canceling the posting of the petitioner under Notification dated 02.08.2025. In the said - 7 - HC-KAR NC: 2025:KHC:38032-DB WP No. 28760 of 2025 circumstances the petitioner has not made out prima facie case for grant of interim prayer. 8. In view of the above, the writ petition stands rejected. Learned counsel for the petitioner would submit that the application is posted to 27.10.2025. We are sure that on the said date, the Tribunal would consider the prayer of the petitioner for interim order or would take up the matter for final disposal itself. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE MPK CT:bms List No.: 1 Sl No.: 26