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2025 DAILYLAW 66259 (KAR)

SRI TUKARAM K JAMKHANDI, v. STATE OF KARNATAKA

WP/105947/2025 · 2025-08-19

S Sunil Dutt Yadav, Vijaykumar A Patil

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:10460-DB WP No. 105947 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL WRIT PETITION NO. 105947 OF 2025 (S-KAT) BETWEEN: SRI. TUKARAM K. JAMKHANDI, AGED ABOUT 45 YEARS, NOW WORKING AS CHIEF OFFICER, MACCHE TOWN PANCHYATH, TQ & DIST. BELAGAVI. …PETITIONER (BY SRI. SUNIL S. DESAI, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY, DEPT. OF URBAN DEVELOPMENT, (MUNICIPAL ADMINISTRATION-2 AND BOARDS) VIKAS SOUDHA, BENGALURU-01. 2. THE DIRECTORATE OF MUNICIPAL ADMINISTRATION, 9TH & 10TH FLOOR, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:10460-DB WP No. 105947 of 2025 V. V. TOWER, AMBEDKAR VEEDHI, BENGALURU-01, REP. DIRECTOR. 3. THE DEPUTY COMMISSIONER, BELAGAVI DISTRICT, BELAGAVI-590001. 4. SRI. K. I. NAGANUR, AGED ABOUT 55 YEARS, WORKING AS CHIEF OFFICER, MACCHE TOWN PANCHAYAT, R/O. BHAGYA NAGAR, 5TH CROSS, BELAGAVI, TQ. AND DIST. BELAGAVI-590001. …RESPONDENTS (BY SRI. G. K. HIREGOUDAR, GOVT. ADV. FOR R1 TO R3; SRI. RAMACHANDRA A. MALI, ADV. FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 04/08/2025 PASSED BY HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BELAGAVI IN APPLICATION NO.10607/2025 VIDE ANNEXURE-C, AND CONSEQUENTLY APPLICATION MAY BE DISMISSED, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL - 3 - HC-KAR NC: 2025:KHC-D:10460-DB WP No. 105947 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) The present petition has been filed by the respondent before the Karnataka State Administrative Tribunal, Belagavi (for short, ‘Tribunal’) calling in question the correctness of the order passed in Application No.10607/2025. By virtue of the order of the Tribunal, Sri. K.I. Naganur, who was the applicant, had called in question the validity of the order at Annexure-A4, whereby, he was transferred. 2. The ground of challenging the order of transfer was that transfer was made prematurely contrary to the procedure prescribed under the transfer guidelines without approval of the Chief Minister and without recording reasons. The Tribunal has allowed the said application after a detailed consideration. 3. It is to be noticed that the ground of premature transfer which was upheld is a point that does not remain - 4 - HC-KAR NC: 2025:KHC-D:10460-DB WP No. 105947 of 2025 for consideration as on date. In light of Sri.K.I. Naganur having completed the tenure secured by the transfer guidelines, it would not be appropriate at this point to enter into the merits of the contentions raised before the Tribunal. No Government employee has a vested right to place of posting. Taking note of Sri.K.I. Naganur having completed his tenure, it would be appropriate that he now places himself at the disposal of the Government for being posted at any appropriate place. 4. No doubt the original order of transfer had displaced Sri.K.I. Naganur and posted him to Mulbagal. However, at this point of time, it is not known as to whether the post at Mulbagal is vacant. Accordingly, while we uphold the order of transfer and set-aside the order of the Tribunal while observing that the respondent-State to take immediate steps for granting of posting to Sri.K.I. Naganur-Respondent No.4 in the present proceedings. It is open for Sri.K.I. Naganur to make out representation to the Government as regards his request for posting at any - 5 - HC-KAR NC: 2025:KHC-D:10460-DB WP No. 105947 of 2025 place. State Government to examine his request and pass orders of transfer/posting within a period of two weeks. Accordingly, petition is disposed off. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE RKM /CT-AN List No.: 1 Sl No.: 13