- 1 - HC-KAR NC: 2025:KHC-D:15901 WP No. 107969 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107969 OF 2025 (S-TR) BETWEEN: SHRI S.K.HASSAN BASHA S/O. LATE MURTHUJA AGE: 49 YEARS, OCC: SUB-DIVISIONAL OFFICER, TB ROAD LLC DIVISION, BALLARI TQ: KURNOOL, DIST: KURNOOL ANDHRA PRADESH NOW AT LLC COLONY, CANTONMENT AREA, BALLARI-583104. …PETITIONER (BY SRI. VISHWANATH S. BICHAGATTI, ADVOCATE) AND: 1. THE CHAIRMAN TUNGABHADRA BOARD, CHIEF ENGINEER, MONITORING (SOUTH) CWC, JALASOUDHA, NEAR HMT (PM DIVISION) BANGALORE-560013. 2. THE SECRETARY TUNGABHADRA BOARD, P.O. TUNGABHADRA DAM, TQ. HOSAPETE, DIST. VIJAYANAGARA-583225 3. SRI. K. CHENNAKESHAVULU NAIK AGE: 55 YEARS, OCC: SUB DIVISIONAL OFFICER TB BOARD, BALLARI-583101. …RESPONDENTS (BY SRI.M.M. PATIL, ADVOCATE FOR R1 R2; SRI. RAJASHEKHAR BURJI, ADVOCATE FOR R3) Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:15901 WP No. 107969 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO: I. ISSUE WRIT IN THE NATURE OF CERTIORARI THEREBY QUASHING THE IMPUGNED ORDER DATED 23.10.2025 AT ANNEXURE F PASSED BY RESPONDENT NO.2 TRANSFERRING THE PETITIONER FROM THE POST OF SUB-DIVISION OFFICER, LLC NO.3 SUB-DIVISION, BALLARI TO THE POST OF PERSONAL ASSISTANT TO SUPERINTENDING ENGINEER, IRRIGATION DEPARTMENT, TUNGABHADRA BOARD, TUNGABHADRA DAM, HOSPET PREMATURELY, BEFORE COMPLETION OF THE TENURE. II. DIRECT THE RESPONDENTS TO ALLOW THE PETITIONER TO CONTINUE IN HIS PRESENT POSTING AS SUB-DIVISIONAL OFFICER, LLC NO.3 SUB DIVISION, BALLARI, TILL COMPLETION OF HIS PRESCRIBED TENURE, I.E., 30TH JANUARY 2026. THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court calling in question the order dated 23.10.2025, by which the petitioner has been transferred within the Tungabhadra Board prior to the expiry of the tenure, stipulated in the transfer guidelines. 2. Heard Sri.Vishwanath S. Bichagatti, learned counsel for the petitioner and Sri.M.M.Patil, learned counsel for respondent Nos.1 to 2 and Sri.Rajashekhar Burji, learned counsel for respondent No.3 - 3 - HC-KAR NC: 2025:KHC-D:15901 WP No. 107969 of 2025 3. The brief facts germane are as follows: The Tungabhadra Board (hereinafter referred to as “the Board” for short), in terms of its resolution, has framed rules and transfer guidelines. In terms of the said guidelines, a person from the State of Andhra Pradesh is entitled to come on deputation to the Karnataka–Tungabhadra Dam for a period of five years. In accordance with the said guidelines, the petitioner was deputed to the post of Sub-Divisional Officer on 26.05.2021. On 27.06.2023, his posting was varied within the Board in terms of the guidelines. 4. Later, on 23.10.2025, by the impugned order, the petitioner was transferred back to the office from the field. This is the order called in question in the present petition. Owing to the submissions made by the learned counsel for the petitioner, this Court had granted an interim order of stay of the impugned order, which is in subsistence even today. 5. Learned counsel for the petitioner submits that the impugned action is contrary to the guidelines and therefore contrary to law. According to the learned counsel, the petitioner - 4 - HC-KAR NC: 2025:KHC-D:15901 WP No. 107969 of 2025 has to complete another six months in field service, i.e., till April 2025, and therefore the transfer is violative of the guidelines. 6. Per contra, the learned counsel Sri Rajashekhar Burji and Sri M.M. Patil appearing for the respondents would contend, in unison, that the petitioner has completed 48 months in field service and is now posted back to the office where he has to complete his tenure in terms of the guidelines. It is therefore, submitted that the petitioner does not derive any indefeasible right to continue in the same post as the internal transfer is strictly in consonance with the guidelines. 7. The narrated facts are not in dispute. The guidelines, insofar as they regulate the entry and exit of officers from Andhra Pradesh, are as under: “POSTING AND TRANSFER POLICY OF FIELD TECHNICAL OFFICERS OF IRRIGATION WING OF TUNGADHADRA BOARD. Introduction In pursuance of sub-section (4) of Section 66 of Andhra State Act, 1953, the President of India gave directions for establishment of Tungabhadra Board. Accordingly the Board was instituted vide Notification No DW VI (4) (9) dated 10-3-1955 of the then Ministry of Water & River, Government of India. In the discharge of its assigned functions, the Board exercises powers of the State Government. It makes rules for the conduct of its - 5 - HC-KAR NC: 2025:KHC-D:15901 WP No. 107969 of 2025 own business. The staff and officers working in the Board are posted by the participating States i.e., Andhra Pradesh and Karnataka in the agreed ratio, except Secretary and Assistant Secretary who are drawn on deputation from Government of India for a specific period. The services of officers and staff working in the Board are governed by the Service Rules applicable to them in their respective Parent Departments. However, during their tenure in the Board, the employees of State remain under the administrative control of the Board and are bound by the rules and regulation of Board. Posting of field Technical Officers to Irrigation Wing of Tungabhadra Board The field technical posts of Tungabhadra Board comprise the following: 1. Superintending Engineer, Irrigation Branch 2. Executive Engineer, HW & HLC Division 3. Executive Engineer, LLC Division 4. Sub-Divisional Officers 5. Sub-Divisional Officers 6. Section Officers 7. Section Officers I No (Andhra Pradesh) 1 No (Karnataka) 1 No (Andhra Pradesh) 5 Nos (Andhra Pradesh) 4 Nos (Karnataka) 18 Nos (Karnataka) 19 Nos (Andhra Pradesh) The respective State Governments of Karnataka and Andhra Pradesh shall post the above mentioned officers to Board and the present policy is applicable to these officers only. - 6 - HC-KAR NC: 2025:KHC-D:15901 WP No. 107969 of 2025 The Officials having disciplinary action/vigilance cases pending against them are not acceptable to the Board. Accordingly the participating States while posting an official shall furnish to Board a certificate that no disciplinary cases/vigilance cases are pending against the officer posted. The right of acceptance or otherwise of a candidate posted to Board rests with the Board. The Board has authorized Chairman, Tungabhadra Board to decide acceptance of a candidate posted to Board, subject to ratification by board. The tenure of Superintending engineer and Executive Engineers in Board shall be for a period of 3 years. The tenure of Sub-Division Officers and Section Officers in the Board shall be for a period of 5 years. In case of Sub-Divisional Officers and Section officers after completion of a period of 3 years secretary would review the performance of the official and recommend to the Board extension of tenure of the official on year to year basis. Based on the recommendation of secretary for retention or otherwise in Board beyond 3 years/4 years, Chairman shall decide extension of a sub-divisional Officer/Section Officer for the 4th and 5th years, subject to ratification by Board. Repatriation from Board On completion of the tenure of an official in Board, he shall be repatriated back to Parent Department of the State. The parent department shall also withdraw an official from the Board at any time, by providing a suitable substitute. Reposting to Board Normally official posted once to Board and repatriated after completion of tenure are not accepted in Board for a second tenure. However, official, whose services have been found satisfactory during the first tenure, shall be considered for a second term after completion of a cooling period of 3 years, - 7 - HC-KAR NC: 2025:KHC-D:15901 WP No. 107969 of 2025 The participating State Governments have been issuing orders for continuation of Section officers in the Board even after completion of their tenure of 5 years due to shortage of hands or absence of willing and eligible candidates. In such exceptional cases, based on the orders of State Governments. The Section Officers shall be continued in the Board beyond their tenure of 5 years on the approval of Chairman, subject to rectification by the Board. Internal Transfers and Postings It was observed that Sub-Divisional Officers/Section Officers posted at once place for the period of their tenure in Board develop vested interest in water regulation, thus seriously affecting the functioning of Board. In order to avoid such situation and in the interest of working the Board the tenure of Sub-Divisional Officers/Section Officers in Board shall compromise 3 spells as below: i. One year in any post in the Office (Board Secretariat, Office of the Chief Engineer, Office of the Superintending Engineer etc.). ii. Two years in any post in the Head Works and HLC Division iii. Two years in any post in RB LLC Division 2. To implement the above spells in a tenure of 5 years, internal posting and transfers of officials shall be carried out every year during the month of April and shall he completed by the end of April every year. Through such internal transfers every Sub-Divisional Officer/Section officer shall be rotated according to the 3 spells of tenure mentioned in para 5.1. 3. The rotations of Sub-Divisional officers/Section Officers from the posts in HLC to LLC Divisions or vice versa are possible only if equal number of vacancies - 8 - HC-KAR NC: 2025:KHC-D:15901 WP No. 107969 of 2025 becomes available in the respective Divisions. In case a Sub-Divisional officer/Section Officer cannot be shifted, after 2 years from one Division to another for want of vacancies, he shall be shifted from the one Sub-Division to another Sub-Division in a same Division.” 8. Internal transfers and postings are also governed by the said guidelines. Under the guidelines, one year is to be spent in the office, two years in any post in the field, and two years in any post in the RBLLC Division. 9. In terms of the said guidelines, the tenure of the petitioner is divided in this manner. Service Description Duration Period FIELD SERVICE HLC Division 26 months & 14 days 26.05.2021 to 07.08.2023 LLC Division 21 months & 16 days Up to 16.11.2025 Total Field Service 48 months (4 years) As on 16.11.2025 Office Service (as PA to SE, Irrigation Branch) 5 months & 24 dyas 07.08.2023 to 31.01.2024 10. The petitioner, after his initial posting, has served in the HLC Division for 26 months and 14 days and in the LLC Division for 21 months and 16 days. Therefore, he has completed 48 months (four years) in field service, as - 9 - HC-KAR NC: 2025:KHC-D:15901 WP No. 107969 of 2025 contemplated under the guidelines. The petitioner is now posted back to the office from the field for completion of one year in terms of the very same guidelines, as he has completed only 5 months and 24 days in office. 11. The petitioner cannot now contend that he must be continued in the field up to April 2025 so that he completes his tenure and is repatriated on completion of the deputation period. The said submission is unacceptable. The petitioner has completed 48 months in field posting. How he has completed it is not the concern of this Court as it does not cause any prejudice to him. He is also required to complete one year in the office in terms of the guidelines on which he himself places reliance. 12. In that light, the impugned order of internal posting not brooding any arbitrariness this Court would not intervene and obliterate impugned action. The petition, thus, being devoid of merit, stands rejected. Sd/- (M.NAGAPRASANNA) JUDGE AC CT:ANB List No.: 1 Sl No.: 39