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2025 DAILYLAW 70960 (KAR)

SMT B GAYATHRI v. THE STATE OF KARNATAKA

WP/24541/2025 · 2025-08-14

K V Aravind, S G Pandit

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31451-DB WP No. 24541 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 24541 OF 2025 (S-KSAT) BETWEEN: 1. SMT. B. GAYATHRI W/O. SRI DODDA SWAMY K., AGED ABOUT 43 YEARS, FINANCIAL ADVISOR, KARNATAKA STATE POLICE HOUSING AND INFRASTRUCTURAL DEVELOPMENT CORPORATION LIMITED, No.59, RICHMOND ROAD, BENGALURU 560 025. RESIDING AT BALAJI HILL VIEW APARTMENT, FLAT No.002, 6TH A CROSS, ITTAMADU MAIN ROAD, BANASHANKARI 3RD STAGE, BENGALURU 560 085. …PETITIONER (BY SMT. SHILPA S. GOGI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY THE PRINCIPAL SECRETARY, FINANCE DEPARTMENT (EXCISE), VIKASA SOUDHA, BENGALURU 560 001. 2. THE UNDER SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT (EXCISE), Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31451-DB WP No. 24541 of 2025 VIKASA SOUDHA, BENGALURU 560 001. 3. KARNATAKA STATE POLICE HOUSING AND INFRASTRUCTURAL DEVELOPMENT CORPORATION LIMITED, No.59, RICHMOND ROAD, BENGALURU 560 025, REPRESENTED BY ITS MANAGING DIRECTOR. 4. SMT. RADHA P, CHIEF ACCOUNTS OFFICER, OFFICE OF STATE PROJECT DIRECTOR, SAMAGRA SHIKSHANA (KARNATAKA), BENGALURU-560025. …RESPONDENTS (BY SRI B. RAVINDRANATH, AGA FOR R1 TO R3; SRI R. SUBRAMANYA, ADVOCATE FOR SRI M.S. DEVARAJU, ADVOCATE FOR C/R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 07.08.2025 IN A. No. 3556/2025 VIDE ANNEXURE-C. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) Petitioner, a Group-A Officer working as Financial Advisor at Karnataka State Police Housing and Infrastructural Development Corporation Limited is before this Court questioning interim order dated 06.08.2025, whereunder the - 3 - HC-KAR NC: 2025:KHC:31451-DB WP No. 24541 of 2025 Tribunal refused to grant stay of transfer and posting Notification dated 01.08.2025 (Annexure-A7). 2. Heard Smt. Shilpa S. Gogi, learned counsel for Sri. Kanteppa Huleppa, learned counsel for the petitioner and Sri. R. Subramanya, learned counsel for Sri. M. S. Devaraju, learned counsel for caveator respondent No.4. 3. Sri. B. Ravindranath, learned AGA has taken notice for respondent Nos.1 to 3. Perused the entire writ petition papers. 4. Smt. Shilpa S. Gogi, learned counsel for the petitioner would submit that the petitioner belongs to Group-A cadre of the State Accounts Department and she is working at present as Financial Advisor at respondent No.3-Karnataka State Police Housing and Infrastructural Development Corporation Limited in pursuant to Notification dated 29.05.2024. It is contended that the transfer of the petitioner is premature and respondent No.4 is posted in her place only to favour respondent No.4. Further, learned counsel submits that the petitioner is transferred several times in her service. As such, when the petitioner has made out prima facie case, the - 4 - HC-KAR NC: 2025:KHC:31451-DB WP No. 24541 of 2025 Tribunal ought to have granted interim stay of the transfer Notification dated 01.08.2025. 5. Learned counsel for caveator submits that the main matter itself is ordered to be listed on 25.08.2025 and moreover he submits that the petitioner is relieved and the respondent No.4 has already taken charge. Thus, he prays for dismissal of the writ petition. 6. Having heard the learned counsels for the parties and on perusal of the writ petition, we are of the considered view that the petitioner has not made out any ground to interfere with the interim order passed by the Tribunal. 7. Under the impugned Notification of Transfer dated 01.08.2025 (Annexure-A7), the petitioner is transferred from Karnataka State Police Housing and Infrastructural Development Corporation Limited to the Office of State Project Director, Samagra Shikshana (Karnataka) in Bengaluru. The petitioner is given posting in Bengaluru itself. Apart from prima facie case, the petitioner shall have to establish the hardship or inconvenience that would be caused to grant interim order. In the instant case, posting petitioner within Bengaluru would not - 5 - HC-KAR NC: 2025:KHC:31451-DB WP No. 24541 of 2025 cause any hardship or inconvenience. The contentions raised by the petitioner are to be considered by the Tribunal at the time of disposal. We do not find any error or illegality in the order passed by the Tribunal. Accordingly, writ petition stands rejected. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE VBS List No.: 1 Sl No.: 10