- 1 - HC-KAR NC: 2025:KHC-D:12031-DB WP No. 104010 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL WRIT PETITION NO.104010 OF 2025 (S-KAT) BETWEEN: SHRI GANGADHARA G S/O GANGANNA T AGE. 43 YEARS, WORKING AS SUPERINTENDENT (UNDER ORDERS OF REVERSION) O/O BLOCK EDUCATION OFFICER, EAST RANGE FORT, BELLARY R/AT BEHIND MARUTI STORE, CAUL BAZAR, GADANG STREET, BELLARY 583102. …PETITIONER (BY SRI. VIJAYA KUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, M.S. BUILDING, BENGALURU 560001. 2. THE ADDITIONAL COMMISSIONER, DEPARTMENT OF SCHOOL EDUCATION, KALABURAGI, KALABURAGI DISTRICT 585102. 3. THE DEPUTY DIRECTOR, DEPARTMENT OF SCHOOL EDUCATION FORT, BELLARY, BELLARY DISTRICT 583101. 4. THE BLOCK EDUCATION OFFICER, DEPARTMENT OF SCHOOL EDUCATION EAST RANGE, FORT, BELLARY, BELLARY TALUK, BELLARY DISTRICT 583102. 5. SHRI MANJUNATH B.N., AGE. MAJOR, WORKING AS SUPERINTENDENT, O/O BLOCK EDUCATION OFFICER, EAST RANGE FORT, BELLARY. …RESPONDENTS Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:12031-DB WP No. 104010 of 2025 (BY SRI. V.S. KALASURMATH, AGA FOR R1 TO R4; SRI. A. VEERANNA, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 23.06.2025 PASSED BY THE HON’BLE TRIBUNAL IN APPLICATION NO.10622/2025 (VIDE ANNEXURE A) & ETC. THIS WP COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) The present petition is filed assailing the order of the Tribunal insofar as the Tribunal had merely issued notice and not considered the grant of exparte interim relief as regards Annexure-A16 and A17. 2. It is noticed that this Court by order dated 26.6.2025 had granted interim order of stay. The said order dated 26.6.2025 is extracted below: “Learned counsel for the petitioner submits that the office objections will be complied within a period of two weeks from today. However urgency is pleaded for the interim prayer. Learned AGA takes notice for respondents No.1 to 4. Issue notice to respondent No.5. - 3 - HC-KAR NC: 2025:KHC-D:12031-DB WP No. 104010 of 2025 Learned counsel for the petitioner is directed to serve copies of the petition along with annexures on the learned AGA. Learned counsel for the petitioner submits that the 5th respondent had earlier approached the Karnataka State Administrative Tribunal in Application No. 20585-20588/2022 seeking to quash an endorsement dated 29.04.2022 issued by the Commissioner of the Department of Public Instructions, declining to consider the request made by the 5th respondent to redo the seniority list and place the 5th respondent above the petitioner. Learned counsel points out from the order dated 02.02.2024 in Application No. 20585-20588/2022 that the petitioner was not a party to the proceedings. However the Tribunal set aside the endorsement and remitted the matter back to the respondent authorities to reconsider the whole issue in accordance with law. Respondent authorities thereafter proceeded to pass the impugned order dated 13.06.2025 redoing the seniority list without notice to the petitioner. In fact, the impugned order is an order of reversion, reverting the petitioner from the post of Superintendent to F.D.A. and with a further direction to recover a sum of Rs.3,78,054/- from the petitioner on the ground that excess payment has been made to the petitioner. Learned counsel submits that despite these issues being brought to the notice of the Tribunal, the Tribunal has held that this is not a case for grant of exparte interim order dispensing with notice. Having regard to the submissions made by the learned counsel and the fact that the impugned order of reversion has been passed without notice to the petitioner, it is a fit case where stay was required to be granted by the Tribunal. Accordingly, we proceed to pass an ad interim order of stay of the impugned order dated 13.06.2025 at Annexure A-16 and consequential order dated 16.06.2025 at Annexure A-17, till the next date of hearing.” 3. We find that this Court has stayed the order at Annexure-A16 & A17, which have been called in question before the Tribunal. Therefore, it would be appropriate that the interim - 4 - HC-KAR NC: 2025:KHC-D:12031-DB WP No. 104010 of 2025 order passed by this Court be continued till disposal of the application filed before the Tribunal. 4. With such observation, the petition stands disposed off. All contentions of both sides are kept open. The hearing of the application before the Tribunal be extended. Pending applications, if any, are disposed off as not surviving for consideration. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE JTR LIST NO.: 1 SL NO.: 28