- 1 - HC-KAR NC: 2025:KHC:52138-DB WP No. 37087 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 37087 OF 2025 (S-KSAT) BETWEEN: SRI.P.PRAMOD S/O PRABHAKAR NAIR, AGED ABOUT 54 YEARS, WORKING AS ASSISTANT COMMISSIONER, OFFICE OF ASSISTANT COMMISSIONER, BELLARY SUB DIVISION, BELLARY, BELLARY DISTRICT 583101. R/AT PLOT NO. 15, WARD NO. 35, HAVAMBHAVI, LAKSHMI VENKATESHWAR COLONY, BELLARY. …PETITIONER (BY SRI. S.S. YADRAMI., SENIOR ADVOCATE FOR SMT. POORNIMA.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS (SERVICES) M.S. BUILDING, BENGALURU 560001. Digitally Signed by REKHA R Location : High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:52138-DB WP No. 37087 of 2025 2. SRI RAJESH H.D MAJOR, WORKING AS ASSISTANT COMMISSIONER (KAS-JR) OFFICE OF ASSISTANT COMMISSIONER, SAKLESHPURA SUB-DIVISION, SAKLESPURA - 573134, HASSAN DISTRICT. …RESPONDENTS (BY SRI.VIKAS ROJIPURA., AGA FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE IMPUGNED ORDER DATED 04.12.2025 IN APPLICATION No 4836/2025 PASSED KARNATAKA STATE ADMINISTRATIVE TRIBUNAL (ANNEXURE-A) AND FURTHER GRANT THE INTERIM ORDER OF STAY, STAYING THE OPERATION AND IMPLEMENTATION OF INTERIM ORDER BEARING Si. ASuE 140 AaSeeVa 2025 DATED 27.11.2025 (ANNEXURE-A4 OF APPLICATION No. 4836/2025) ON THE FILE OF KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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 - 3 - HC-KAR NC: 2025:KHC:52138-DB WP No. 37087 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE T.M. NADAF) This petition under Article 226 of the Constitution of India is by the applicant, calling in question the order dated 04.12.2025 passed in Application No.4836/2025, by the Karnataka State Administrative Tribunal [‘Tribunal’ for short] declining to grant stay against the order dated 27.11.2025 [Annexure-A4] with further direction to provide suitable posting to the applicant within a period of two weeks from the date of his reporting before the respondent-State. 2. The parties are referred to as per their rankings before the Tribunal. 3. The brief factual matrix leading to filing of the petition are as under: The applicant was appointed with First respondent-Department as First Division Assistant in the year 1995. He was promoted as Sheristedar in - 4 - HC-KAR NC: 2025:KHC:52138-DB WP No. 37087 of 2025 2003 and again as Tahsildar Grade-II in the year 2011 and then as Tahsildar Grade-II in 2013 and thereafter, promoted as Assistant Commissioner in the year 2022. The applicant was attached to Ballari Zilla Panchayath as Assistant Secretary and worked there till 01.08.2024. The Government by an Official Memorandum dated 01.08.2024 [Annexure-A1] passed a transfer order in Public Interest and Administrative exigency, placing the applicant as Assistant Commissioner, Ballari Sub-Division, Ballari. The applicant in pursuance of transfer order reported to the transferred post with a due CTC as per Annexure-A2 on 05.08.2024. 4. By Notification dated 13.08.2025, issued by first respondent, second respondent was transferred as Assistant Commissioner Sakleshpura Sub-Division, Hassan District. It is further submitted that the first respondent with the present Notification at Anneuxre-A4 dated 27.11.2025, transferred the - 5 - HC-KAR NC: 2025:KHC:52138-DB WP No. 37087 of 2025 second respondent in the place of the applicant, disturbing him prematurely without showing any posting against him, which is against the transfer guidelines dated 20.05.2025. Aggrieved by the order of transfer, the applicant was before the Tribunal in Application.No.4836/2025. 5. Upon hearing the rival submissions by the parties, the Tribunal declined to grant interim order, directing the first respondent to provide suitable posting to the applicant within two weeks from the date of his reporting before the first respondent-State. It is this order passed by the Tribunal which is called in question in this petition. 6. Heard Sri.S.S.Yadrami, learned Senior counsel for Smt.Poornima, learned counsel appearing for the petitioner and Sri.Vikas Rojipura, learned Additional Government Advocate for first respondent- State and perused the entire writ petition papers. - 6 - HC-KAR NC: 2025:KHC:52138-DB WP No. 37087 of 2025 7. Sri.Yadrami, reiterating the very same submissions before the Tribunal submits that the transfer is premature. The applicant is transferred to the present posting on 01.08.2024 and pursuant to the order, he has reported to duty on 05.08.2024. He being a Group ‘A’ Officer has two years of minimum tenure at the said place, which has not been completed. The transfer is against the transfer guidelines. He has stressed upon Clause-V of Annexure-A5, to contend that a person who has been transferred should be shown posting and shall not be made to wait for posting to report to the concerned Department. 8. That apart, he further submits that as per Annexure-A6, the notes issued by Chief Secretary to all the Department Heads, stating that each department has to follow the instructions in terms of the transfer guidelines, eradicating the objections - 7 - HC-KAR NC: 2025:KHC:52138-DB WP No. 37087 of 2025 contained in the said letter. The point No.5 in the said letter reads as under: "ªÀUÁðªÀuÉ DzÉñÀzÀ°è ºÀÄzÉÝAiÀÄ£ÀÄß vÉÆÃj¸À¢gÀĪÀÅzÀÄ." On this the learned counsel sought to allow the petition and grant interim order as prayed in the application. 9. Sri.Vikas Rojipura in contrast, argued in support of order bringing to our notice that the applicant is native of Ballari District and has spent considerable time of service in the said District in different posts and the stay orders in the respective criminal case is with reference to the said case and not in this transfer order. The Tribunal considering the transfer guidelines prima facie was of the opinion that granting of interim order is not necessitated and directed the applicant to report to the first respondent and directed first respondent to provide posting within two weeks thereafter. He further - 8 - HC-KAR NC: 2025:KHC:52138-DB WP No. 37087 of 2025 submits that in the event the applicant report before the Government, posting order will be issued within the time granted by the Government. 10. Upon considering the rival submissions, we are not inclined to interfere with the order passed by the Tribunal on the interim application. 11. Whether the transfer order is premature or whether the transfer is made in terms of the transfer guidelines in the Public Interest and Administrative exigency are required to be considered by the Tribunal in the pending application. The Tribunal has safeguarded the interest of the applicant by directing the first respondent to provide suitable posting within two weeks from the date of his reporting with the first respondent-State. 12. In these circumstances, without expressing anything on the merits of the case, on the prima facie value all the contentions are left open to - 9 - HC-KAR NC: 2025:KHC:52138-DB WP No. 37087 of 2025 be decided by the Tribunal. In the event the applicant reports before the first respondent-State, he shall be provided a suitable posting within two weeks as per the order passed by the Tribunal. 13. With these observations the writ petition is disposed of. In view of disposal of the Writ Petition, pending I.A's if any stand disposed of. RR List.:2 Sl.No.:1 Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (T.M.NADAF) JUDGE