- 1 - HC-KAR NC: 2025:KHC:37384-DB WP No. 21062 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 21062 OF 2024 (S-KSAT) BETWEEN: 1. SMT. PUSHPALATHA G. C., W/O BOMMAIAH M. A., AGED ABOUT 53 YEARS, R/OF BOMMALINGESHWARA NILAYA, VOKKODI ROAD, 2ND CROSS, HEGGERE NEW EXTENSION, TUMKUR 572104. PRESENTLY WORKING AS ASSISTANT TEACHER, GOVT. LOWER PRIMARY SCHOOL, CHENNIGAPPANA PALYA, TUMAKURU TALUK 572106. …PETITIONER (BY SRI H. V. MANJUNATHA, ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPARTMENT OF SCHOOL EDUCATION AND LITERARY, VIKASA SOUDHA, Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37384-DB WP No. 21062 of 2024 BANGALORE 560 001, REPRESENTED BY ITS SECRETARY. 2. THE COMMISSIONER, DEPARTMENT OF SCHOOL EDUCATION, NRUPATHUNGA ROAD, BENGALURU 560 001. 3. THE DEPUTY DIRECTOR AND DISCIPLINARY AUTHORITY, DEPARTMENT OF SCHOOL EDUCATION, TUMAKURU 572 101. …RESPONDENTS (BY SRI VIKAS ROJIPURA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 24.07.2024 IN APPLICATION No.2889/2024 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BANGALORE AT ANNEXURE-A. 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 - 3 - HC-KAR NC: 2025:KHC:37384-DB WP No. 21062 of 2024 ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petitioner, a Primary School Teacher, aggrieved by the order dated 24.07.2024 in Application No.2889/2024 passed by the Karnataka State Administrative Tribunal at Bengaluru (for short 'the Tribunal') is before this Court, where under, the petitioner challenged the order of posting dated 26.06.2024, posting her to the Government Higher Primary School, Hanchipura, Kunigal Taluk. 2. Heard Sri. H.V.Manjunatha, learned counsel for the petitioner and Sri. Vikas Rojipura, learned Additional Government Advocate for the respondents-State and perused the entire writ petition papers. 3. The petitioner was suspended by order dated 12.02.2024. However, suspension of the petitioner was revoked by the Commissioner, Department of School Education, Bengaluru by order dated 21.05.2024 with a direction to the concerned DDPI to post the petitioner to a vacancy in a block/taluk where there are more than 25% or more vacancies in the Government Higher Primary Schools in 'C' zone. It is - 4 - HC-KAR NC: 2025:KHC:37384-DB WP No. 21062 of 2024 stated that under Official Memorandum dated 28.05.2024, the petitioner was given posting at Government Lower Primary School, Channigappanapalya, Tumakuru Taluk in 'C' zone. The petitioner is said to have reported to duty on 31.05.2024. Thereafter, the Commissioner, Department of School Education, Bengaluru, noticing, on a complaint, that the posting to petitioner has been given contrary to the order of revocation dated 21.05.2024, directed the concerned DDPI to rectify the said mistake in terms of order dated 21.06.2024. Respondent No.3 by order dated 26.06.2024, reposted the petitioner to Government Higher Primary School, Hanchipura, Kunigal Taluk. Aggrieved by the same, the petitioner was before the Tribunal in Application No.2889/2024. The Tribunal, under the impugned order dated 24.07.2024, rejected the contentions of the petitioner and consequently dismissed the application. Aggrieved by the same, the petitioner is before this Court. 4. Sri. H.V.Manjunatha, learned counsel for the petitioner would submit that on revocation of transfer, respondent No.3 had properly given posting to the petitioner at Government Lower Primary School, Channigappanapalya, Tumakuru Taluk. It is submitted that the said school falls under - 5 - HC-KAR NC: 2025:KHC:37384-DB WP No. 21062 of 2024 'C' zone and taking note of the fact that there are more than 25% of the vacancies, respondent No.3 looking to the requirement, reposted the petitioner from Government Lower Primary School, Channigappanapalya to Government Higher Primary School, Hanchipura. Learned counsel would submit that within one month from the date of reporting to the duty at Channigappanapalya, the petitioner is transferred prematurely without following the procedure prescribed under the Karnataka State Civil Services (Regulation of Transfer of Teachers) Act, 2020 (for short '2020 Act'). Thus, he prays for allowing the writ petition by setting aside the order passed by the Tribunal. 5. On the other hand, Sri. Vikas Rojipura, learned Additional Government Advocate, would contend that the revocation of suspension of the petitioner was with certain conditions and as the said conditions were violated by giving posting to the petitioner under Official Memorandum dated 28.05.2024, the said mistake was rectified under impugned order dated 26.06.2024. Thus, learned Additional Government Advocate would submit that the petitioner would not be entitled for any relief. Further, learned Additional Government Advocate would point out that the petitioner is placing reliance on the - 6 - HC-KAR NC: 2025:KHC:37384-DB WP No. 21062 of 2024 number of vacancies and in terms of revocation of suspension, the petitioner shall be posted to a 'C' zone, where there is more than 25% of the vacancies. Thus, learned AGA prays for dismissal of the writ petition. 6. Having considered the submissions of learned counsels for the parties and on perusal of the entire writ petition papers, we are of the considered view that the Tribunal has rightly rejected the application of the petitioner and the petitioner has not made out any ground to interfere with the impugned order. 7. It is an admitted fact that the petitioner was kept under suspension under order dated 12.02.2024 and respondent No.2-the Commissioner took decision to revoke the order of suspension of the petitioner with a direction to respondent No.3 to give posting to the petitioner pending enquiry at Government Higher Primary School in 'C' zone where 25% or more vacancies are existing. Contrary to the said direction, respondent No.3 issued posting to the petitioner at Government Lower Primary School at Channigappanapalya, without verifying as to whether there is 25% or more vacancies - 7 - HC-KAR NC: 2025:KHC:37384-DB WP No. 21062 of 2024 in the said 'C' zone. The said mistake is rectified under the impugned order by giving posting to the petitioner at Government Higher Primary School at Hanchipura, Kunigal Taluk, where 25% or more vacancies are available in a 'C' zone. Thus, we do not find any error in the order of reposting the petitioner. The Tribunal has taken note of the percentage of vacancies made available in the Taluks of Tumukuru District and has rightly dismissed the application of the petitioner. This transfer, as contended, cannot be considered as premature transfer or contrary to the provisions of 2020 Act. It is not a case of simple transfer. It is a case of revocation of suspension and posting subsequent to the revocation of suspension. On revocation of suspension, no Government servant can seek posting to his original post since the purpose of keeping a government servant under suspension is to see that he is kept out of mischief zone and if on revocation, such government servant is posted to the same post, the purpose of revocation would not be served. Therefore, the petitioner is rightly given posting out of Taluk. 8. We do not find any merit in the petition and accordingly, writ petition stands rejected. - 8 - HC-KAR NC: 2025:KHC:37384-DB WP No. 21062 of 2024 9. The respondents-State authorities shall permit the petitioner to report to duty in terms of the reposting order. Pending I.A's if any, stands disposed of. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE DDU List No.: 1 Sl No.: 1