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2025 DAILYLAW 74951 (KAR)

SMT M ANILAKUMARI v. THE STATE OF KARNATAKA

WP/22941/2025 · 2025-07-31

K V Aravind, S G Pandit

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29522-DB WP No. 22941 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 22941 OF 2025 (S-KSAT) BETWEEN: 1. SMT. M. ANILAKUMARI, W/O G.K. KANCHIVARDIAH, AGED ABOUT 50 YEARS, WORKING AS CHIEF AUDITOR (ADDITIONAL DIRECTOR CADRE), DEPARTMENT OF AGRICULTURAL MARKETING, RAJ BHAVAN ROAD, BENGALURU-560001. ALSO R/AT DOOR No.160, BCC LAYOUT, 2ND STAGE, 9TH MAIN, NEAR CHANDRA LAYOUT, WATER TANK OFFICE GATE, BENGALURU-560040. …PETITIONER (BY SRI. K.M. PRAKASH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BANGALORE - 560 001. 2. THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, Digitally signed by VINUTHA B S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29522-DB WP No. 22941 of 2025 PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560001. 3. THE PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, M.S BUILDING, AMBEDKAR VEEDHI, BENGALURU - 560001. …RESPONDENTS (BY SRI B. RAVINDRANATH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DATED 24/07/2025 PASSED IN APPLICATION No.2886/2025 BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, VIDE ANNEXURE-E. 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) The petitioner working as Chief Auditor which is equivalent to Additional Director in the Department of Agricultural Marketing is before this Court aggrieved by non-grant of interim order by order dated 24.07.2025 in - 3 - HC-KAR NC: 2025:KHC:29522-DB WP No. 22941 of 2025 Application No.2886/2025 passed by the Karnataka State Administrative Tribunal at Bengaluru. 2. Heard Sri. K. M. Prakash, learned counsel for the petitioner and Sri. B. Ravindranath, learned AGA for respondent Nos.1 to 3. Perused the entire writ petition papers. 3. Learned counsel for the petitioner would submit that by Notification dated 18.03.2022, the petitioner was posted as Chief Audit Officer, Agricultural Marketing Department, Bengaluru and it is stated that in pursuance to the said Notification, petitioner reported to the said post. By Notification dated 25.06.2025, the post of the Chief Audit Officer, which is equivalent to Additional Director, is shifted to Tumakuru and the post of Joint Director, Agricultural Marketing from Tumakuru is shifted to Bengaluru. By virtue of the same, the petitioner is being posted as Secretary, Agricultural Marketing - 4 - HC-KAR NC: 2025:KHC:29522-DB WP No. 22941 of 2025 Committee, Chitradurga, which was equivalent to Additional Director's post. 4. Learned counsel for the petitioner would contend that it is not a shifting of post but it is a transfer. To overcome the transfer guidelines, the respondents have adopted the method of shifting the post. Further, learned counsel would submit that the petitioner has only one year four months to retire and the respondents could not have shifted the petitioner as she has less than two years service. 5. Learned AGA supports the order passed by the Tribunal and he would submit that as the petitioner is shifted when the posts are shifted, it cannot be considered as transfer. Further, learned AGA would undertake to file statement of objections before the Tribunal within one week. 6. The said submission is placed on record. - 5 - HC-KAR NC: 2025:KHC:29522-DB WP No. 22941 of 2025 7. The contentions raised by the petitioner are to be considered by the Tribunal and it may not be appropriate for this Court to consider those contentions at this interim stage. If those contentions are answered, it may affect either of the parties before the Tribunal. 8. In the above circumstances, the writ petition stands rejected. The Tribunal is requested to dispose of the application as early as possible taking note of the undertaking given by the State that it would file statement of objections within one week. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE VBS/List No.: 1 Sl No.: 16