- 1 - HC-KAR NC: 2025:KHC:25813-DB WP No. 10620 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO.10620 OF 2024 (S-KSAT) BETWEEN: SRI. RAMESH. T. L. S/O LATE D LINGAIAH AGED ABOUT 47 YEARS, ACCOUNTS SUPERINTENDENT, OFFICE OF EXECUTIVE ENGINEER, HEALTH & FAMILY WELFARE ENGINEERING DIVISION, MYSURU RESIDING AT NO.97, 8TH MAIN, 9TH CROSS, KAMAKSHI HOSPITAL ROAD SARASWATHIPURAM MYSURU – 570 009 …PETITIONER (BY SRI. D.R.RAVISHANKAR, SENIOR COUNSEL FOR SRI. SIRI RAJASHEKAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPT. BY ITS PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, VIKASA SOUDHA BENGALURU – 560 001 2. THE STATE OF KARNATAKA REPT. BY ITS PRINCIPAL SECRETARY, HEALTH & FAMILY WELFARE DEPARTEMENT Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25813-DB WP No. 10620 of 2024 #105, 1ST FLOOR, VIKASA SOUDHA BENGALURU – 560 001 3. THE CHIEF ENGINEER C & B (SOUTH) PUBLIC WORKS DEPARTMENT, K R CIRCLE BENGALURU – 560 001 4. THE CHIEF ENGINEER ENGINEERING UNIT, HEALTH & FAMILY WELFARE DEPARTMENT, 1ST FLOOR, AROGYA SOUDHA, MAGADI ROAD BANGALORE – 560 023 5. THE PRINCIPAL DIRECTOR KARNATAKA STATE AUDIT & ACCOUNTS DEP. TTMC BUILDING, 3RD FLOOR, A BLOCK, BMTC COMPLEX, SHANTINAGARA BANGALORE – 560 027 6. THE EXECUTIVE ENGINEER HEALTH & FAMILY WELFARE ENGINEERING DIVISION MYSURU – 570 001 7. SRI JANARDHAN G AGED MAJOR ACCOUNTS SUPERINTENDENT BELONGING TO KSA & A DEPARTMENT, O/O CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYATH MYSURU DISTRICT MYSURU – 570 001 …RESPONDENTS (BY SMT. PRATHIMA HONNAPURA, AAG FOR SRI. V.SHIVA REDDY, AGA FOR R1 TO R6; SRI. K.C.PRATHEEP, ADVOCATE FOR C/R7) - 3 - HC-KAR NC: 2025:KHC:25813-DB WP No. 10620 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) SET ASIDE THE ORDER DATED 01.04.2024 VIDE ANNEXURE-C PASSED BY THE TRIBUNAL IN APPLICATION No.3395/2023 AS WITHOUT APPLICATION OF MIND; AND b) PASS SUCH OTHER ORDERS OR DIRECTION AS THIS HON’BLE COURT DEEMS IT APPROPRIATE IN THE ENDS OF JUSTICE. 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 T.M.NADAF ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petitioner was before the Karnataka State Administrative Tribunal, Bengaluru (for short ‘Tribunal’) in Application No.3395/2025, questioning the order dated 27.07.2023, (Annexure-A14), where under the respondent No.7 was posted in petitioner’s place, without providing posting to the petitioner. 2. On consideration of the petitioner’s as well as the respondents’ contentions under order dated 01.04.2024, the Tribunal rejected the Application - 4 - HC-KAR NC: 2025:KHC:25813-DB WP No. 10620 of 2024 No.3395/2023, against which the petitioner is before this Court. 3. When the matter was listed for hearing in B- Group on 20.06.2025, the learned counsel for respondent No.7 filed a memo dated 20.06.2025, enclosing Notification dated 09.06.2025, wherein the petitioner was promoted from the cadre of Accounts Superintendent to the cadre of Audit Officer, directing the petitioner to report to duty to Health And Family Welfare Department. Taking note of the said memo, this Court on 20.06.2025, directed the petitioner to report to duty in terms of Notification dated 09.06.2025, before the Government and the respondent-Government was directed to provide posting to the petitioner. 4. Today, the learned AAG, Smt.Prathima Honnapura, would submit that the petitioner has failed to report to duty in pursuance to the Notification dated - 5 - HC-KAR NC: 2025:KHC:25813-DB WP No. 10620 of 2024 09.06.2025, and order of this Court so as to provide his posting. 5. Learned Senior Counsel, Sri.D.R.Ravi Shankar appearing for Smt.Siri Rajashekar, learned counsel for the petitioner, would seek further time to enable the petitioner to report to duty as directed. 6. Since the petitioner is promoted to a higher cadre as Audit Officer under Notification dated 09.06.2025, considering the petitioner’s prayer in the writ petition would not arise. It is open for the petitioner to report to the Government, in Health And Family Welfare Department and on his reporting, the Government shall provide posting forthwith. 7. At this stage, learned AAG submits that the post at Health and Family Welfare Department is not vacant and that the State has issued fresh Notification dated 3/4.07.2025 posting the petitioner to the Public Works Department and the petitioner be directed to report - 6 - HC-KAR NC: 2025:KHC:25813-DB WP No. 10620 of 2024 to the duty in his parent department at Public Works Department. 8. Accordingly, the petitioner is at liberty in pursuance to the Notification dated 3/4.07.2025 to report to the duty at Chief Engineer, C & B (South), Public Works Department, Bengaluru. With the above observations, the writ petition stands disposed off. 9. The respondent / competent authority shall provide posting to the petitioner within one week, from the date he reports to duty before the Chief Engineer, C & B (South), Public Works Department, Bengaluru. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE JJ List No.: 1 Sl No.: 49