- 1 - HC-KAR NC: 2025:KHC:42410 WP No. 61 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 61 OF 2024 (S-RES) BETWEEN: SRI S SHANKAR S/O LATE SRI SRINIVAS, AGED ABOUT 39 YEARS, POURA KARMIKA, OFFICE OF THE HEALTH OFFICER BBMP, YELAHANKA RANGE BANGALORE - 560064. …PETITIONER (BY SRI. SUKUMARAN G., ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY HOUSING AND URBAN DEVELOPMENT, GOVERNMENT OF KARNATAKA, M.S.BUILDING, BANGALORE - 560001. Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42410 WP No. 61 of 2024 2. THE COMMISSIONER AND DIRECTOR, THE DIRECTORATE OF MUNICIPAL ADMINISTRATION, GOVERNMENT OF KARNATAKA, V.V. TOWERS, DR. AMBEDKAR VEEDHI, BANGALORE - 560001. 3. THE COMMISSIONER, BRUHATH BANGALORE MAHANAGARA PALIKE, N R SQUARE, BANGALORE - 560002. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 & R2 SRI. B.L. SANJEEV, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE FIRST AND SECOND RESPONDENT TO TRANSFER THE PETITIONER TO THE THIRD RESPONDENT WITH ALL THE CONSEQUENTIAL BENEFITS FROM 07.09.2015 AS PER THE LETTER NO. NA.SA/1359/2015 DTD 7.9.2015 ISSUED VIDE ANNX-B. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:42410 WP No. 61 of 2024 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. The petitioner filed this writ petition seeking the following reliefs: a) To direct the first and second respondent to transfer the petitioner to the third respondent with all the consequential benefits from 07.09.2015 as per the letter No.NA.SA/1359/2015, dated 07.09.2015 issued vide Annexure 'B' (b) Such other writ, direction or order as this Hon'ble Court may deem fit and necessary in the above said circumstances of the case including the award of the costs to the petitioner. 2. Brief facts, leading rise to the filing of this writ petition are as follows: 3. The petitioner joined the service of the respondent No.2 on 30.06.2004 as "Poura Karmika" at Channapatna taluk. Later on, he was transferred to CMC Yelahanka, Bengaluru on 11.10.2004. The respondents issued an - 4 - HC-KAR NC: 2025:KHC:42410 WP No. 61 of 2024 official Gazette notification for absorption of the employees appointed in urban local bodies of the persons and also merged 7 Municipalities, 1 CMC, and 110 villages with BBMP vide order dated 05.07.2007 along with 258 employees. The petitioner was one among the employees, who worked at CMC, Yelahanka, Bangalore vide order dated 11.10.2004. The petitioner gave a consent letter dated 07.09.2015 to respondent No. 2 for absorption for transferring to BBMP. Accordingly, Hon'ble concerned Minister recommended to the respondent on 07.09.2015. Despite the recommendation of the concerned Hon'ble Minister, the respondents are not transferring the petitioner to respondent No.3 with all consequential benefits. Hence, this writ petition. 4. Heard the learned counsel for the petitioner, learned Additional Government Advocate, and the learned counsel for BBMP. - 5 - HC-KAR NC: 2025:KHC:42410 WP No. 61 of 2024 5. Learned counsel for the petitioner submits that despite recommendation made by the Hon'ble concerned Minister, respondent No.2 is not transferring the petitioner to respondent No.3. Hence, the direction may be issued to respondent No.2 to transfer the petitioner to respondent No.3 as per Annexure B. Hence, prays to allow the writ petition. 6. Per contra, learned Additional Government Advocate submits that the petition filed by the petitioner seeking a mandamus is not maintainable as the petitioner has not submitted any representation to transfer the petitioner to respondent No.3, in terms of the letter vide Annexure B. Hence, the writ petition may be dismissed as not maintainable. 7. Perused the records, and considered the submissions of the learned counsel for the parties. 8. Admittedly, the petitioner has filed a writ petition seeking mandamus directing respondent No.2 to - 6 - HC-KAR NC: 2025:KHC:42410 WP No. 61 of 2024 transfer the petitioner to the respondent No.3 with all consequential benefits from 07.09.2015 as per the letter dated 07.09.2015, vide Annexure B. The letter was issued by the Concerned Hon'ble Minister recommending transfer. However, it is only a recommendation. To seek a mandamus, it is mandatory to submit a representation. 9. Admittedly, in the instant case, the petitioner has not submitted any representation to transfer the petitioner to respondent No.3 and further there is no order of transfer. Annexure-B is only a recommendation of the Hon'ble Concerned Minister. As rightly contended by the learned Additional Government Advocate, the writ petition filed by the petitioner is not maintainable without submitting a representation. 10. In view of the above discussion, I do not find any merits in the case, accordingly, the writ petition is liable to be dismissed. - 7 - HC-KAR NC: 2025:KHC:42410 WP No. 61 of 2024 11. Accordingly, I proceed to pass the following order: ORDER The writ petition is dismissed. Liberty is reserved to the petitioner to make a fresh representation to the respondents. If such representation is made by the petitioner, the respondents are directed to consider the representation, and pass an appropriate order within four weeks from the date of the receipt of the representation. Sd/- (ASHOK S.KINAGI) JUDGE sks