- 1 - HC-KAR NC: 2025:KHC:39675-DB WP No. 30176 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO.30176 OF 2025 (S-KSAT) BETWEEN: 1. REKHA B W/O CHANDRAMURTHY. P AGED ABOUT 43 YEARS WORKING AS INSPECTOR OF EXCISE O/O INSPECTOR OF EXCISE RANGE-02 GOKULA NO.1876, 3RD B MAIN, 7TH CROSS, JUDICIAL LAYOUT, YALAHANKA BENGALURU URBAN DISTRICT - 560 065 R/A NO.14TH BHADRA LANDMARK 4TH MAIN ROAD, MAHALAKSHMI LAYOUT NEAR PRASANNA ANJANAYA TEMPLE BENGALURU - 560 080. 2. SATEESHA. N S/O NAGENDRAPPA AGED ABOUT 43 YEARS WORKING AS INSPECTOR OF EXCISE O/O RANGE-44, H.S.R LAYOUT # 460, TEACHERS COLONY VENKATAPURA, OUTER RING ROAD BENGALURU - 560 035 R/A # G1 J.S.K PARADISE 8TH CROSS, 10TH MAIN ROAD Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39675-DB WP No. 30176 of 2025 MARUTHINAGAR, MALLESHAPALYA BENGALURU - 560 075. 3. MADHUSUDANA. L S/O LAKSHMINARASIMHAPPA. H AGED ABOUT 43 YEARS WORKING AS INSPECTOR OF EXCISE O/O INSPECTOR OF EXCISE RANGE-22 SAMPANGI RAMANAGAR, NIRMAN BHAVAN, GROUND FLOOR DR. RAJKUMAR ROAD, 1ST BLOCK RAJAJINAGAR, BENGALURU - 560 010 R/A #66, OBALAPURA VILLAGE & POST SRIRAMPURA HOBLI, HORADURGA TALUK CHITRADURGA - 577 542. 4. RANGAIAH M.P S/O PARAPPA M. R AGED ABOUT 42 YEARS WORKING AS INSPECTOR OF EXCISE O/O INSPECTOR OF EXCISE #JNANABHARATHI RANGE -18 BENGALURU URBAN DISTRICT - 03 NO.19, BAIREGOWDA LAYOUT HAROHALLI, BENGALURU - 560 091 R/A #1161, 4TH FLOOR, 14TH MAIN, JUDICIAL LAYOUT, YELHANKA, GKVK POST, BENGALURU - 560 065. 5. MOULALI TELI S/O SAIFUDDIN AGED ABOUT 41 YEARS WORKING AS INSPECTOR OF EXCISE O/O INSPECTOR OF EXCISE MAHADEVAPURA RANGE - 30 BENGALURU - 05 NO.1354 D BLOCK, - 3 - HC-KAR NC: 2025:KHC:39675-DB WP No. 30176 of 2025 60 FEET ROAD, AECS LAYOUT, KUNDALAHALLI, BENGALURU - 560 037 R/O HOUSE NO.185. SAIF MANZIL RENUKA NAGAR, MANGULI ROAD, VIJAYAPURA - 586 109. 6. NETHRAVATHI P D/O PARAMESHWARAPPA. K AGED ABOUT 46 YEARS WORKING AS INSPECTOR OF EXCISE O/O INSPECTOR OF EXCISE RANGE-05, NANDINI LAYOUT BENGALURU URBAN DISTRICT - 560 001 NO.62, 3RD FLOOR, 3RD CROSS, 1ST MAIN ROAD, YASHWANTAPURA INDUSTRIAL SUBHURB - 560 022 R/A NO.206 1ST CROSS, 1ST MAIN ROAD ANANDAPPA LAYOUT BENGALURU - 560 073. 7. SURESHA R.O S/O ONKAR NAIK.R AGED ABOUT 42 YEARS WORKING AS INSPECTOR OF EXCISE O/O RANGE-28 JEEVANA BHIMA NAGAR RANGE BENGALURU URBAN DISTRICT - 05 NO.542, 1ST FLOOR 16TH CROSS HAL 2ND STAGE, INDIRANAGARA - 560 038 R/A #802, 8TH FLOOR, FALGUNI BLOCK, KURUBARAHALLI BENGALURU - 560 086. …PETITIONERS (BY SRI. V. LASKHMINARAYAN, SENIOR COUNSEL FOR SMT. ANUSHA L., ADVOCATE) - 4 - HC-KAR NC: 2025:KHC:39675-DB WP No. 30176 of 2025 AND: 1. STATE OF KARNATAKA REP. BY ITS ADDITIONAL CHIEF SECRETARY, FINANCE DEPARTMENT (EXCISE) VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. STATE OF KARNATAKA, STATE EXCISE DEPARTMENT, REP. BY ITS EXCISE COMMISSIONER, TTMC BLOCK, BMTC BUILDING, SHANTHINAGAR, BENGALURU - 560 027. 3. THE ADDITIONAL COMMISSIONER (ADMIN), OFFICE OF THE COMMISSIONER OF EXCISE, TTMC BLOCK, BMTC BUILDING, SHANTINAGAR, BENGALURU - 560 027. 4. SRI. SOMASHEKARA M R S/O LATE RAMAPPA M AGED ABOUT 43 YEARS, WORKING AS INSPECTOR OF EXCISE, RANGE NO.24, ASHOKNAGAR, BUD 04, MONARCH CHAMBERS, NO.122/2, 5TH FLOOR, INFANTRY ROAD, BENGALURU - 560 001. R/A NO.106, VAISHNAVI RATHNAM APARTMENT, Q, BLOCK, JALAHALLI CROSS, BENGALURU - 560 057. …RESPONDENTS (BY SRI. REUBEN JACOB, AAG, A/W SRI. V. SHIVAREDDY, AGA FOR R1 TO R3) - 5 - HC-KAR NC: 2025:KHC:39675-DB WP No. 30176 of 2025 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) ISSUE A WRIT OF CERTIORARI TO SET ASIDE THE ORDER DATED 25/09/2025 PASSED IN OA NO.3407/2025 (ANNEXURE- A) BY HON'BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU AND ORDER OF TRANSFER DATED 25/09/2025 (ANNEXURE-E) BY INCLUDING THE NAME OF THE PETITIONERS CONTRARY TO THE ORDER PASSED BY THIS HON'BLE COURT IN WP NO.22506/2025 (ANNEXURE-D) DATED 29/07/2025; b) DECLARE THAT THE ORDER OF TRANSFER DATED 25/09/2025 WHICH HAS BEEN PASSED CONTRARY TO THE ORDER PASSED BY THIS HON'BLE COURT IN WP NO.22506/2025 (ANNEXURE-D) DATED 29/07/2025 IS NON-EST AND VOID AND UNENFORCEABLE AGAINST THE PETITIONERS; c) PASS ANY APPROPRIATE ORDER OR DIRECTION AS DEEMED FIT BY THIS HON'BLE COURT IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE T.M.NADAF - 6 - HC-KAR NC: 2025:KHC:39675-DB WP No. 30176 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD) The petitioners are working as Inspectors of Excise and are parties to the pending proceedings in Application Nos.3368-3371 and 3373-3374 of 2025 with the Karnataka State Administrative Tribunal [for short, 'the Tribunal']. This Court is informed that [a] the question for consideration in such applications is whether the petitioners could be transferred based on new Rules when they are assured of a minimum tenure; [b] this Court, in the writ petition in W.P.No.22506/2025 [S-KSAT] as against the interim order by the Tribunal, has directed the respondents not to pass any final order during pendency of the petitioners' applications directing the petitioners to participate in the counselling process; and - 7 - HC-KAR NC: 2025:KHC:39675-DB WP No. 30176 of 2025 [c] the Tribunal has heard the petitioners' applications for final disposal and reserved for orders. 2. The cause for the present writ petition could be found in the undisputed fact that similar applications by the others are disposed of by the Tribunal which has enabled the respondents to issue transfer order dated 25.09.2025 [as per Annexure-E]. The petitioners have also been shown rankings, but indisputably they are not issued with any transfer orders. Insofar as the transfer order dated 25.09.2025 for those who were unsuccessful in their similar applications with the Tribunal, this Court in WP No.29768/2025 [S-KSAT] has granted interim order directing the respondents not to relieve those applicants/petitioners till 10.10.2025. 3. Sri V. Lakshminarayana, the learned Senior Counsel for the petitioners, submits that the petitioners have called in question the Tribunal's - 8 - HC-KAR NC: 2025:KHC:39675-DB WP No. 30176 of 2025 orders in Application No.3407/2025 for complete adjudication insofar as the petitioners ranking being shown in the order dated 25.09.2025, but the petitioners' grievance is from the apprehension that if there is any order by the Tribunal in the petitioners' application, the Official Memorandum dated 25.09.2025 will pave the way for immediate transfer. 4. Sri Reuben Jacob, the learned Additional Advocate General who appears for Sri A. Shiva Reddy [the learned Additional Government Advocate who takes notice for the respondents], submits that the petitioners cannot call in question the Tribunal's order in OA No.3407/2025 as it does not relate to them; and insofar as the apprehension that the order dated 25.09.2025 paves the way for immediate transfer, the learned Additional Advocate General submits that consequential transfer orders have to be issued and those orders cannot be issued until the petitioners' applications are decided by the Tribunal. - 9 - HC-KAR NC: 2025:KHC:39675-DB WP No. 30176 of 2025 5. Indeed, these two submissions must prevail insofar as the present petition and there cannot be any interference at the petitioners' instance with the Tribunal's order in OA No.3407/2025 or the order dated 25.09.2025. However, this Court must observe that if indeed the petitioners fail in their pending applications with the Tribunal and there is any precipitous action by the respondents, they will be at liberty to seek interim orders on parity with those who are already protected by this Court in WP No.29768/2025 [S-KSAT]. The petition stands disposed of with the observations as aforesaid, and consequently, the pending applications also stand disposed of. SD/- (B M SHYAM PRASAD) JUDGE SD/- (T.M.NADAF) JUDGE SA ct:sr