- 1 - HC-KAR NC: 2025:KHC:30840 WP No. 19900 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 19900 OF 2025 (S-RES) BETWEEN: MISS M RATHNAKUMARI D/O LATE S MUNIYAPPA AGED ABOUT 59 YEARS PRESENTLY WORKING AS HEAD WARDER ON ADDITIONAL CHARGE OF THE POST OF SUPERINTENDENT-II NIRASHRITHARA PARIHARA KENDRA TYAVAREKOPPA, SHIMOGA SHIMOGA DISTRICT-577204. …PETITIONER (BY SRI. VIJAYA KUMAR., ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY SOCIAL WELFARE DEPARTMENT M.S. BUILDING, BENGALURU-560001. 2. THE SECRETARY CENTRAL RELIEF COMMITTEE MAGADI MAIN ROAD, BENGALURU-560091. 3. SMT ASHALATHA AGED MAJOR ASSISTANT DIRECTOR GRADE-II SOCIAL WELFARE DEPARTMENT TIRTHAHALLI-577432 TIRTHAHALLI TALUK SHIMOGGA DISTRICT. …RESPONDENTS (BY SRI.A NAGARAJAPPA., ADVOCATE FOR R3: SRI. SIDHARTH BABU RAO, AGA FOR R1:) Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30840 WP No. 19900 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS RELATING TO ISSUE OF THE IMPUGNED NOTIFICATION BEARING NO. SA KA EE 172 PA KA SE 2025 DATED: 27.06.2025 VIDE ANNEXURE-G ISSUED BY THE R-1 AND AFTER PERUSAL SET ASIDE THE SAME IN SO FAR AS IT RELATES TO POSTING OF THE R-3 IN PLACE OF THE PETITIONER AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioner has called in question the notification dated 27.06.2025 issued by respondent No.1 vide Annexure-G, whereby the respondent No.3 has been transferred from the post of Assistant Director, Grade-II, Social Welfare Department, Thirthahalli, Shimoga District, to the post of Superintendent-II, Nirashithara Parihara Kendra, Shimoga. 2. The petitioner was appointed as Warder by respondent No.2, Central Relief Committee on 19.12.2002 and she was working at Nirashithara Parihara Kendra, Kolar. Subsequently, she was promoted to the post of Head Warder on 02.01.2017 vide Annexure-C and - 3 - HC-KAR NC: 2025:KHC:30840 WP No. 19900 of 2025 continued her services at Nirashithara Parihara Kendra, Kolar. In the same order at Annexure-C, the petitioner has been given additional charge to the Post of Superintendent-II at Kolar. Thereafter, by order dated 11.06.2025 vide Annexure-D passed by respondent No.2, the petitioner has been transferred to Nirashithara Parihara Kendra, Shimoga, to the post of Superintendent-II. Accordingly, the petitioner reported before the competent authority on 13.06.2025. Subsequently, by impugned notification dated 27.06.2025 passed by respondent No.1 vide Annexure-G, the respondent No.3 has been deputed to the place of the petitioner to work as Superintendent-II at Nirashithara Parihara Kendra, Shimoga. Being aggrieved by the same, the present petition is filed. 3. The learned counsel appearing for the petitioner submits that respondent No.3 belongs to Social Welfare Department. As per the Central Relief Committee (Cadre and Recruitment) conditions of service of the employees of - 4 - HC-KAR NC: 2025:KHC:30840 WP No. 19900 of 2025 Central Relief Committee Rules, 2021 (for short ‘C & R Rules’) of respondent No.2, Committee, the post of Superintendent-II has to be filled by direct recruitment or by promotion and there is no provision for deputation. By impugned order at Annexure-G, the respondent No.3 has been deputed to the post of Superintendent-II to work at Nirashithara Parihara Kendra, Shimoga. The same is contrary to the C & R Rules of the respondent No.2, Committee. The learned counsel further submits that the petitioner is working as Superintendent (Additional Charge) at the Nirashithara Parihara Kendra for more than 7 years. Since the post of Superintendent at Nirashithara Parihara Kendra, Shimoga, fell vacant and since the petitioner also had experience and worked as Superintendent (Additional charge), she has been posted to work as Superintendent-II at Nirashithara Parihara Kendra, Shimoga. Therefore, the impugned order at Annexure-G transferring the respondent No.3 to the place - 5 - HC-KAR NC: 2025:KHC:30840 WP No. 19900 of 2025 of petitioner, is unsustainable and the same deserves to be quashed. Hence, he sought for allowing the petition. 4. The learned counsel appearing for respondent No.3 submits that petitioner was working as Head Warder and she cannot be given the post of Superintendent-II (Additional charge) at Shimoga. The post of Head Warder is not equivalent to the post of Superintendent-II and also not a feeder cadre of Superintendent-II of respondent No.2, Committee. He further submits that as per C & R Rules of respondent No.2, Committee, if there is any vacancy to the post of Superintendent-II in the respondent No.2, Committee, the employees from the Social Welfare Department having equivalent cadre can be transferred or deputed. Since respondent No.3 is working as an Assistant Director, Group-B Officer, which is equivalent to the post of Superintendent-II, she has been transferred to work as Superintendent-II at Nirashithara Parihara Kendra, Shimoga. - 6 - HC-KAR NC: 2025:KHC:30840 WP No. 19900 of 2025 The learned counsel further submits that as per Rule 68 of the Karnataka Civil Services Rules (for short ‘KCS Rules’), the immediate junior to the vacant post has to be given in-charge post, who is working in the same office. The petitioner is working as Head Warder at Kolar and cannot be given the in-charge post of Superintendent-II at Shimoga. Therefore, the authority has rightly transferred respondent No.3 to work as Superintendent-II at Nirashithara Parihara Kendra, Shimoga. He further submits that since the post of Superintendent-II is not filled up by direct recruitment and there is vacancy, respondent No.2, Committee, has recommended to the Government vide letter dated 23.11.2022 to depute an Officer from the Social Welfare Department. Hence, respondent No.3 has been transferred. There is no error or illegality in the impugned order at Annexure-G. Hence, he sought for dismissal of the writ petition. 5. The learned AGA appearing for respondent No.1 submits that under Rule 68 of KCS Rules, a person who is - 7 - HC-KAR NC: 2025:KHC:30840 WP No. 19900 of 2025 an immediate officer to the vacant post can be given in- charge arrangement. He further submits that there is no immediate Officer available at Nirashithara Parihara Kendra, Shimoga. He further contends that petitioner is working as Head Warder at Nirashithara Parihara Kendra, Kolar, and he has been placed as Superintendent-II (Additional charge) at Nirashithara Parihara Kendra, Shimoga, and he has not been transferred to Nirashithara Parihara Kendra, Shimoga as Head Warder. He is working in the post of Head Warder in Kolar and drawing salary in Kolar. In support, he also relied upon the judgment of this Court in W.P.No.15724/2023 disposed of 23.09.2023. He further contended that there is no provision under C & R Rules of respondent No.2, Committee, for deputation of any Officer from other department to the post of Superintendent. Hence, he sought for disposal of the writ petition. 6. Heard the learned counsel for the parties. Perused the writ papers. - 8 - HC-KAR NC: 2025:KHC:30840 WP No. 19900 of 2025 7. It is not in dispute that respondent No.3 is working as an Assistant Director, Grade-II, Social Welfare Department. By impugned order, he has been deputed as Superintendent-II at Nirashithara Parihara Kendra, Shimoga. Even though in Annexure-G, it is mentioned that respondent No.3 has been transferred to the post of Superintendent-II at Nirashithara Parihara Kendra, Shimoga, since respondent No.3 belongs to Social Welfare Department, it is merely not a transfer but deputation. 8. Under the C & R Rules of respondent No.2, Committee, produced at Annexure-B, for the post of Superintendent-II, there is no provision for deputation and the post has to be filled up only by direct recruitment or promotion. Even in the communication issued by the Government vide Annexure-K, it is very clear that no person can be deputed from one department to another department, unless permitted under C & R Rules. Therefore, the transfer order vide Annexure-G deputing respondent No.3 to the post of Superintendent-II at - 9 - HC-KAR NC: 2025:KHC:30840 WP No. 19900 of 2025 Nirashithara Parihara Kendra, Shimoga, is contrary to C & R Rules of respondent No.2, Committee. Hence, the impugned order at Annexure-G is liable to be quashed. 9. In respect of petitioner is concerned, by order dated 11.06.2025 at Annexure-D, the petitioner has been given additional charge of Superintendent and transferred from Kolar at Nirashithara Parihara Kendra, Shimoga. As per Note-1 of Rule 68 of KCS Rules, a Government servant, who is holding an equivalent or higher post is not immediately available, then a Government servant of the same office, who is immediately junior to the Government servant handing over the charge and who has completed his period of probation or officiation, could be appointed. This provision of Rules has been clearly dealt by this Court in W.P.No.15724/2023 disposed of 23.09.2023. Paragraphs 22, 23, 30 and 32 of the said decision are relevant and same is extracted hereunder: - 10 - HC-KAR NC: 2025:KHC:30840 WP No. 19900 of 2025 22. In this case, though the period of placing respondent No.4 on in-charge is not forth-coming in the order, the order itself has been passed by the State Government and this indicates that in-charge arrangement of respondent No.4 as a Superintendent Engineer could continue even beyond a period of four months. 23. As could be seen from Note-1, firstly, a Government servant who is holding an equivalent or a higher post can be placed on in-charge of the concurrent duties of the vacant post or an independent charge of an office. However, if a Government servant holding an equivalent or higher post is not immediately available, then a Government servant of the same office who is immediately junior to the Government servant handing over the charge and who has completed his period of probation or officiation could be appointed under Rule 68 to be in- charge of the concurrent duties of the office or post in addition to his own duties. 30. As could be seen from this decision, neither arguments were advanced regarding Note-1 of Rule 68 nor did the Court consider the effect of Note-1 of Rule 68. This Court has merely observed that a - 11 - HC-KAR NC: 2025:KHC:30840 WP No. 19900 of 2025 Government Servant could be appointed to be in- charge of the current duties in addition to his own duties and he need not be the senior-most in order to be placed as in-charge arrangement or to hold additional charge. 32. It is to be noticed here that though the question of seniority would not actually come into play for the purpose of posting a person in-charge of the current duties of an office, in addition to his own duties, the person who is immediately junior to the office / post becomes vacant, becomes entitled under Note-1 to not only occupy said post, but as a consequence of Rule 68 and Rule 32 to be also entitled to an additional financial remuneration. 10. From reading the above provisions of KCS Rules and the decision rendered by this Court in W.P.No.15724/2023, it is very clear that the question of seniority, which has not actually come into play for the purpose of posting a person in-charge of the current duties of an office, in addition to his own duties, the person who is immediately junior to the post becomes vacant, and becomes entitled, under Note-1. - 12 - HC-KAR NC: 2025:KHC:30840 WP No. 19900 of 2025 11. In the case on hand, on instructions, the learned Government Advocate submits that there was no immediate officer available to be posted as Superintendent-II at Nirashithara Parihara Kendra, Shimoga. The petitioner was working as Head Warder at Nirashithara Parihara Kendra, Kolar and he cannot be given in-charge arrangement as Superintendent-II at Nirashithara Parihara Kendra, Shimoga. As per Rule 68 of KCS Rules, the in-charge arrangement is given to one, who has to discharge the duties of the post in-charge along with his own duties. By order at Annexure-D, the petitioner has been transferred to in-charge post, even though his permanent post is at Kolar. The same is contrary to Rule 68 of KCS Rules. 12. The learned counsel for the petitioner relied upon the Division Bench judgment of this Court (Kalaburagi Bench) in the case of W.P.No.202489/2021 disposed of on 13.02.2025. In that case, the in-charge arrangement has - 13 - HC-KAR NC: 2025:KHC:30840 WP No. 19900 of 2025 been given to the employee, who is working in the same office and same is permissible in administrative exigency. 13. In the case on hand, the petitioner has not been transferred to Shimoga as Head Warder. His post as Head Warder is at Kolar. Additional charge given to the petitioner as Superintendent-II at Nirashithara Parihara Kendra, Shimoga is contrary to Rule 68. Therefore, order at Annexure-D posting of the petitioner and giving in- charge arrangement of Superintendent-II at Nirashithara Parihara Kendra, Shimoga, is also liable to be quashed, even though it is not challenged. 14. Accordingly, the following order is passed: ORDER a) The writ petition is disposed of. b) The notification dated 27.06.2025 issued by respondent No.1 vide Annexure-G only in respect of respondent No.3; and order dated 11.06.2025 - 14 - HC-KAR NC: 2025:KHC:30840 WP No. 19900 of 2025 passed by respondent No.2 vide Annexure-D, are hereby quashed. c) It is made clear that the Government has to pass order in respect of appointment or giving in-charge arrangement to the post of Superintendent-II at Nirashithara Parihara Kendra, Shimoga, in accordance with law within four weeks from the date of receipt of copy of this order. d) Till four weeks, the in-charge arrangement of the petitioner to the post of Superintendent-II at Nirashithara Parihara Kendra, Shimoga, shall be continued. All pending I.As., if any, are disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 41