- 1 - NC: 2025:KHC-D:1851-DB WP No. 106237 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR WRIT PETITION NO. 106237 OF 2024 (S-KAT) BETWEEN SRI. CHANDRAKANT SHARANAPPA KARUR SON OF SHARANAPPA KARUR, AGE. 50 YEARS, EXECUTIVE ENGINEER, MINOR IRRIGATION AND GROUNDWATER DEVELOPMENT DIVISION, BELAGAVI. ...PETITIONER (BY SRI. SHARANABASAVARAJ C.S., SRI. KUSHAL N. KAMBLE, AND SRI. M.MADHUSUDHAN, ADVOCATES) AND 1. THE STATE OF KARNATAKA REP. BY ITS ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, VIKASA SOUDHA, BANGALORE-560 001. 2. THE SECRETARY TO GOVERNMENT MINOR IRRIGATION DEPARTMENT, AND GROUNDWATER DEVELOPMENT DIVISION, VIKASA SOUDHA, BANGALORE-560 001. 3. THE CHIEF ENGINEER, Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:1851-DB WP No. 106237 of 2024 MINOR IRRIGATION (NORTH ZONE), VIJAYAPURA-586 101. 4. SRI. GURUBASAVARAJAIAH B.M., SON OF LATE B.M. KOTRAIAH, AGE. 58 YEARS, EXECUTIVE ENGINEER, MINOR IRRIGATION AND GROUNDWATER DEVELOPMENT DIVISION, BELAGAVI, RESIDING AT ASHIRWAD, 5TH CROSS, BHAGYANAGAR, BELAGAVI-590 001. …RESPONDENTS (BY SRI. G.K. HIREGOUDAR, PRL. GOVT. ADV. FOR R1 TO R3; SRI. P.S. RAJAGOPAL, SENIOR COUNSEL FOR SRI. B.O. ANILKUMAR, SRI. VINAYAK S. PANDIT AND SRI. SHARAT KUMAR B.G., ADVOCATES FOR C/R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE ORDER DATED 21.10.2024 IN APPLICATION NO.11059/2024 (VIDE ANNEXURE-C) PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BELAGAVI BENCH & ETC., THIS WRIT PETITION, COMING ON FOR PRONOUNCEMENT OF ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR - 3 - NC: 2025:KHC-D:1851-DB WP No. 106237 of 2024 CAV ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) The petitioner, who is the fourth respondent in the application in No.11059/2024 on the file of the Karnataka State Administrative Tribunal, Belagavi [‘the Tribunal’], has filed this writ petition calling in question the Tribunal’s order dated 21.10.2024. The Tribunal, by this impugned order dated 21.10.2024, has allowed the fourth respondent’s application quashing the second respondent’s notification directing the petitioner to handover the charge to the fourth respondent forthwith and to report with the second respondent for further posting. The Tribunal has further directed the second respondent to provide a suitable posting to the petitioner within a period of [3] three days from the date the fourth respondent reports for further posting. 2. The petitioner and the fourth respondent are given independent charge of the posts of the Executive Engineers with the second respondent [the Department of Minor Irrigation and Ground Water Development] under Rule - 4 - NC: 2025:KHC-D:1851-DB WP No. 106237 of 2024 32 of the Karnataka Civil Service Rules [KSCR]. The fourth respondent is given such charge on 03.08.2022, and the petitioner is given the charge on 13.03.2024. The present dispute is because of the notification dated 05.09.2024, and the second respondent has issued this notification posting the petitioner to the post of the Executive Engineer, Minor Irrigation Department, Belagavi Division stipulating that the fourth respondent [who was in such post], is repatriated to his parent department [the Department of Water Resources]. This notification dated 05.09.2024 is preceded by a series of applications with the Tribunal involving both the petitioner and the fourth respondent. The details of these applications must be set forth. The details of the application involving the fourth respondent are: 2.1 Application in No.10270/2023: The fourth respondent, consequent to being given independent charge under Rule 32 of the KCSR after the DPC recommendation, is posted as the Executive Engineer, Minor Irrigation Division, Belagavi on 29.08.2022. The second - 5 - NC: 2025:KHC-D:1851-DB WP No. 106237 of 2024 respondent has withdrawn this posting on the ground that there were complaints against the fourth respondent, who has filed the afore application calling in question this decision to withdraw his posting. The Tribunal has allowed this application on 21.09.2023 quashing the notification dated 07.03.2023 essentially opining that an inquiry had to be begun if there were complaints, but the petitioner could not have been transferred. 2.2 Application No.11096/2023: On 18.10.2023, Sri. B.S. Patil has replaced the fourth respondent. The fourth respondent has successfully challenged the notification dated 18.10.2023 in this application. The Tribunal has allowed the application quashing the notification directing the second respondent to continue the fourth respondent in his present place of posting until the completion of his minimum tenure. The Tribunal has essentially intervened on the ground that Sri. B.S. Patil, who is given independent charge as an Executive Engineer, could only be posted against a vacant post. - 6 - NC: 2025:KHC-D:1851-DB WP No. 106237 of 2024 The details of the application involving the petitioner are: 2.3 Application No.20788/2024: The petitioner, with being given independent charge under Rule 32 of KCSR on 30.03.2024, was waiting for posting until the notification dated 15.07.2024 issued by the Department of Water Resources placing his services with the second respondent to be posted as the Executive Engineer of its Vijayapura Division in the place of Sri. Shantappa S. Koli, whose services are placed with the Department of Water Resources. The petitioner on 15.07.2024 has reported to duty with the Department of Minor Irrigation and Ground Water Development, Bangalore. However, Sri. Shantappa S. Koli has filed Application in No.20788/2024 calling in question this notification dated 15.07.2024. 2.4 During the pendency of this application on 27.08.2024, the notification dated 15.07.2024 insofar as Sri. Shantappa S. Koli is withdrawn directing his continuance as Executive Engineer, Vijayapura Division cancelling his repatriation. It is after this withdrawal on 27.08.2024, the - 7 - NC: 2025:KHC-D:1851-DB WP No. 106237 of 2024 second respondent has issued the impugned notification dated 05.09.2024 posting the petitioner in the place of the fourth respondent. The grounds urged with the Tribunal to impugn and defend the notification dated 05.09.2024 3. The fourth respondent has impugned this notification on these grounds. First, because he is disturbed after the general transfers [which ended on 31.07.2024] but without the approval of the Hon’ble Chief Minister as is required under clause 51 of the Transfer Guidelines 2024]. Second, the fourth respondent, as on the date of the impugned notification had only one year and five months of service superannuating on 31.01.2026, and as such, is protected under clause 7(1)(a) of the Transfer Guidelines, 2024 [Transfer Guidelines]2. Third, because the petitioner, 1 Clause 5(3): The number of transfers to be made due to special or exceptional reasons shall be limited to the minimum extent and in case transfer is considered necessary in specific cases, such cases shall be submitted to the Hon'ble Chief Minister without fail and transfer made after obtaining his approval. 2 Clause 7(1) The minimum period of service which a government servant may render at a place may be extended or reduced in the following circumstances: - 8 - NC: 2025:KHC-D:1851-DB WP No. 106237 of 2024 who is given independent charge under Rule 32 of KCSR, could have been posted only against a vacant post and the petitioner should not have been disturbed to accommodate him. Fourth, because the impugned notification is issued only to accommodate the petitioner. 3.1 The petitioner has refuted these assertions contending that he was given posting vide the notification dated 15.07.2024 and he has also reported to duty accordingly, but he could not have the advantage of such posting because Sri. Shantappa S. Koli has filed an application with the Tribunal in Application No.20788/2024, and that during the pendency of this application, the notification dated 15.07.2024 is recalled as regards Sri. Shantappa S. Koli and therefore, the fourth respondent cannot contend that he was not posted to a vacant post. The petitioner further contends that the fourth respondent is repatriated to the Department of Water Resources Department and once he reports to this parent department, (a) a government servant, who has completed the maximum period of stay at a place and due for transfer, as less than two years of service for retirement - 9 - NC: 2025:KHC-D:1851-DB WP No. 106237 of 2024 he will be given a posting and therefore, the Transfer Guidelines, which is not applicable to deputation, cannot be invoked. The petitioner has also asserted that the fourth respondent is a permanent resident of Bengaluru and therefore, he cannot even otherwise contend that he must be continued at Belagavi until his superannuation. The Tribunal’s reasoning to interfere with the Notification dated 05.09.2024: 4. The Tribunal has opined that the petitioner’s posting vide the impugned notification is consequent to being given an independent charge under Rule 32 of the KCSR Rules, and therefore, he had to be posted only against a vacant post. The fourth respondent was working with as the Executive Engineer, Belagavi division, and as such, impugned notification dated 05.09.2024 violates Rule 32 of KCSR Rules. The Tribunal, relying upon the State Government’s stand in another application [Application No.3565/2023], has opined that the Department of Minor Irrigation and Ground Water Development is part of the Department of Water Resources - 10 - NC: 2025:KHC-D:1851-DB WP No. 106237 of 2024 and therefore the fourth respondent is not on deputation to be repatriated. The Tribunal has further opined that the petitioner is transferred despite specific provisions of the Transfer Guidelines beyond the general transfer period without the permission of the Hon’ble Chief Minister and though scheduled to retire within two years. The State Government’s stand on the Department of Minor Irrigation and Ground Water being part of the Department of Water Resources: 5. Sri G K Hiregoudar, the learned Principal Government Advocate, submits that the Department of Water Resources Department and the Department of Minor Irrigation and Ground Water Resources Development are two Departments. In fact, the Under Secretary to Government, Department of Minor Irrigation and Ground Water has filed an affidavit on 12.11.2024 stating that [i] by Government order dated 29.04.2013 the Minor Irrigation and Ground Water Department is bifurcated from the Department of Water Resources Department subject to amendment of Business and Allocation Rules 1977, [ii] that these rules are amended by the notification dated - 11 - NC: 2025:KHC-D:1851-DB WP No. 106237 of 2024 07.11.2014 that ever since this department is under the control of a separate ministry i.e., the Ministry of Minor irrigation, and [iii] that if the Department of Water Resources Department has its own cadre and recruitment rules, and the cadre and recruitment rules for the Department of Minor Irrigation and Ground Water Development are in progress. The unanimous submissions: 6. This Court at this stage must record that when the State Government’s stand is put to both Sri. M. Madhusudan, the learned counsel for the petitioner, and Sri. P.S. Rajagopal, the learned senior counsel for the fourth respondent, they are categorical that the petitioner cannot succeed in this petition if he fails in justifying his grievance against the Tribunal’s finding that the impugned notification dated 05.09.2024 violates Rule 32 of KCSR even if he could vindicate his grievance on the other grounds. As such, though multiple grounds are urged on whether these two departments are independent departments and whether the Transfer Guidelines must apply if the petitioner is only - 12 - NC: 2025:KHC-D:1851-DB WP No. 106237 of 2024 repatriated, the rival submissions germane to the petitioner’s grievance with the Tribunal’s finding on violation of Rule 32 of KCSR are considered. The rival submissions on whether Rule 32 is violated: 7. Sri. G. Madhusudan, without disputing that Rule 32 of KCSR stipulates that a government servant who is given independent charge must be posted against a vacant post, contends that this requirement is satisfied in the petitioner’s case because by the notification dated 15.07.2024 he was posted as the Executive Engineer, Minor Irrigation Division, Vijayapura which had fallen vacant consequent to the deputation of Sri. Shantappa S. Koli to Karnataka Urban Water Supply and Sewage Board which is under the aegis of the Urban Development Department. The learned counsel emphasis that the petitioner had also reported to duty, but he could not assume charge only because Sri. Shantappa S. Koli called in question this notification dated 15.07.2024 in application No.20788/2024 and subsequently the notification dated 15.07.2024 is withdrawn on 27.08.2024. - 13 - NC: 2025:KHC-D:1851-DB WP No. 106237 of 2024 7.1 In response, Sri. P.S. Rajagopal submits that the petitioner has suppressed the fact that the notification dated 27.08.2024 was issued consequent to the concerned Hon’ble Minister approving simultaneous proposals; that one of the proposals approved, apart from the proposal to continue with Sri. Shantappa S. Koli in the Vijayapura Division, is the petitioner’s repatriation to the Department of Water Resources Department; that when the consequential notification dated 27.08.2024 is issued, there is reference only to the retention of Sri. Shantappa S. Koli and there is no reference to the petitioner’s repatriation. 7.2 Sri. P.S. Rajagopal also submits that the petitioner, who was given independent charge under Rule 32 of the KCSR on 30.03.2024, cannot rely upon his reporting with the Secretary Department of Minor Irrigation and Water Resources Development on 15.07.2024 to contend that the requirement of Rule 32 of the KCSR cannot be insisted while giving him the benefit of the impugned notification dated - 14 - NC: 2025:KHC-D:1851-DB WP No. 106237 of 2024 15.09.2024 to occupy the post held by the fourth respondent. This Court’s reasoning and conclusion: 8. This Court must observe that the petitioner does not dispute that consequent to the posting given to him on 15.07.2024 he has not assumed charge as the Executive Engineer, Vijayapura Division and that he was waiting for posting until the notification dated 05.09.2024 when he is given posting displacing the fourth respondent. If the notification dated 15.07.2024 had prevailed with Sri. Shantappa S. Koli making way to the petitioner consequent to his shifting, the petitioner perhaps could have contended that with such posting there was due compliance with the requirement of Rule 32 of the KSCR. However, with Sri. Shantappa S. Koli calling in question the petitioner’s posting and his own shifting leading to litigation with the petitioner not assuming charge, the petitioner cannot contend there is due compliance with the requirement of Rule 32 of the KCSR. The fact that the petitioner has not assumed charge - 15 - NC: 2025:KHC-D:1851-DB WP No. 106237 of 2024 consequent to the notification dated 15.07.2024 is a crucial circumstance. 8.1 This Court must next examine the importance of a government servant, who is given independent charge under Rule 32 of the KCSR, being posted to a vacant post. The relevant provisions of this Rule read as under: “Rule32: Instead of appointing a Government servant to officiate, it is also permissible to appoint him to be in-charge of the current duties of a vacant post. In such a case ‘a charge allowance’ (additional pay) is payable as specified in Rule 68. Note(1): A Government servant can be appointed under this rule to be in-charge of the current duties of a vacant post only if he is eligible to be promoted to officiate in that post according to the Cadre and Recruitment Rules applicable to that post or if he is holding a post in a equivalent or higher grade. - 16 - NC: 2025:KHC-D:1851-DB WP No. 106237 of 2024 The requirement of posting the concerned to a vacant post is one of the conditions that must be fulfilled if the concerned can be validly given the independent charge under Rule 32 of the KCSR. 8.2 A Co-ordinate Bench of this Court, while considering the question whether a government servant is validly given independent charge under Rule 32 of the KCSR if that person is not posted against a vacant post in Sri Raghurama Shetty v. The State of Karnataka and another in WP No. 14393/2012 decided on 07.06.2012, has held as follows: “A reading of the aforesaid provision makes it very clear that when an appointment is made under Rule 32 of the Rules or if a government servant is appointed to be in-charge of the current duties, it is only in respect of a vacant post. In other words when a promotion is made and an appointment is given the place to which the Government servant is posted should be vacant. He cannot be posted to displace a person who is already in that post. Existence of vacant post is a sine qua non for application of Rule 32 which does not deal or make a distinction in - 17 - NC: 2025:KHC-D:1851-DB WP No. 106237 of 2024 respect of persons holding the post on deputation or the person who is holding the post by way of regular promotion in the same department”. 8.3 In the light of the above, this Court cannot take any exception with the Tribunal’s finding that the petitioner’s posting under the impugned notification dated 15.09.2024 is not as against vacant post and hence this notification violates Rule 32 of KCSR Rules. The fourth respondent’s shifting, even if it is on deputation [as contended on behalf of the petitioner], is only to create a vacancy to give posting to the fourth respondent. Hence, the questions referred to are answered against the petitioner reiterating the Tribunals’ direction to the second respondent to provide a suitable posting to the petitioner within a period of three [3] days but from the date he reports to duty furnishing a certified copy of this order. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE RSH,CT:VP