- 1 - HC-KAR NC: 2025:KHC-D:17721-DB WP No. 109441 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. WRIT PETITION NO. 109441 OF 2025 (S-KAT) BETWEEN: SHRI YALLAPPA PUJARI S/O. RAMACHANDRASA, AGED ABOUT 51 YEARS, (PRESENTLY WORKING AS ASST. EXECUTIVE ENGINEER, AT THE OFFICE OF SUPT. ENGINEER KNNL, MRBC CIRCLE DHARWAD, R/O. NARAYANA KRUPA BUILDING, BEHIND VIVEKANAND SCHOOL, ARVIND NAGAR, HUBLI-580009. …PETITIONER (BY SRI ARAVIND D. UPADHYE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT (SERVICES A) VIKAS SOUDHA, BENGALURU-560001. 2. THE CHIEF ENGINEER KARNATAKA NEERAVARI NIGAM LTD., MP-ZONE, COLLEGE ROAD, DHARWAD 580001. Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.18 11:05:42 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17721-DB WP No. 109441 of 2025 3. SHRI SANDEEP H.B. AGE: MAJOR, OCC: AEE (PROMOTED UNDER RULE 32), TRANSFERRED TO OFFICE OF SUPERINTENDENT ENGINEER, KARNATAKA NEERAVARI NIGAM LIMITED, MRBC CIRCLE, DHARWAD-580001, DIST. DHARWAD. …RESPONDENTS (BY SRI H.M. DHARIGOND, ADVOCATE FOR R3; SRI G.K. HIREGOUDAR, PRL. GOVERNMENT ADVOCATE FOR R1 AND R2) THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER QUASHING THE ORDER DATED 28.11.2025 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BELAGAVI IN APPLICATION NO.10707/2025 (ANNEXURE-A) AS THE SAME IS ILLEGAL, ARBITRARY AND CONTRARY TO LAW, AND GRANT THE RELIEF SOUGHT AS FOR IN THE APPLICATION. NO.10707/2025 BEFORE THE HON BLE TRIBUNAL. ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION, DIRECTING THE 1ST RESPONDENT TO CONTINUE THE SERVICE OF THE PETITION IN PRESENT PLACE OR PERMIT THE PETITIONER TO REPORT THE PLACE AS PER ANNEXURE-D DATED 02.08.2025 BEARING NO.D¸ÀAE/22/2025(E) and etc.,. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. - 3 - HC-KAR NC: 2025:KHC-D:17721-DB WP No. 109441 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) The unsuccessful applicant before the Karnataka State Administrative Tribunal, Belagavi is before this Court under Article 226 of the Constitution of India, aggrieved by the Order dated 28.11.2025 in Application No. 10707/2025 (Annexure-A) by which petitioners’ challenge to Notification dated 30.06.2025, posting respondent No.3 in his place is rejected. 2. Heard learned counsel Sri.Aravind D. Upadye for petitioner and Sri.G.K.Hiregoudar, Prl. Government Advocate for respondent Nos.1 and 2 and Sri.H.M.Dharigond, learned counsel for respondent No.3 and perused the entire writ petition papers. 3. Petitioner was working as Assistant Executive Engineer/Technical Assistant in the office of the Superintendent Engineer, KNNL, MRBC Circle, Dharwad, in pursuance of Notification dated 09.09.2022. On completion - 4 - HC-KAR NC: 2025:KHC-D:17721-DB WP No. 109441 of 2025 of his tenure of two years at the above stated posting, under Notification dated 30.06.2025, the 3rd respondent was posted in petitioner's place without providing any posting to the petitioner. Petitioner questioning the said Notification dated 30.06.2025, posting 3rd respondent in his place, was before the Tribunal in the above stated Application No. 10707/2025. During the pendency of the said Application, under Notification dated 02.08.2025 (Annexure-D), the petitioner was provided with posting as Assistant Professor at Water and Land Management Institute, WALMI, Dharwad. Questioning the said Notification dated 02.08.2025, the petitioner approached the Tribunal in one more Application No.10896/2025 dated 27.11.2025. 4. The Tribunal by separate order dated 28.11.2025 impugned herein in Application No.10707/2025 dismissed the application of the petitioner whereunder he had challenged the posting of the 3rd respondent in his place and by Order dated 27.11.2025 in Application No.10896/2025 - 5 - HC-KAR NC: 2025:KHC-D:17721-DB WP No. 109441 of 2025 allowed the application of the petitioner quashing the Notification dated 02.08.2025 which provided posting to the petitioner as Assistant Professor at WALMI, Dharwad. It is unfortunate that the Tribunal though notices the subsequent application No.10896/2025, for the reasons best known to it, failed to club both applications and pass a common order. The Tribunal, having rejected the application of the petitioner wherein he had questioned the posting of 3rd respondent in his place, ought not to have interfered with the posting provided to the petitioner under Notification dated 02.08.2025. Moreover, the petitioner had completed his term at his earlier place of posting as Assistant Executive Engineer/Technical Assistant at the Office of Superintendent Engineer, KNNL, MRBC Circle, Dharwad. Furthermore, the petitioner was given posting at Dharwad itself under Notification dated 02.08.2025. 5. The Tribunal, only on the ground that posting of the petitioner was not with the approval of the Chief Minister, quashed the order of posting of the petitioner. - 6 - HC-KAR NC: 2025:KHC-D:17721-DB WP No. 109441 of 2025 When the Tribunal under impugned order dated 28.11.2025 in Application No.10707/2025 approved the transfer of the petitioner by dismissing the application, it ought not to have interfered with the Notification, which provided posting to the petitioner. When the transfer was confirmed by the Tribunal, giving posting is only a consequential order. Therefore, the question as to whether, for providing the posting, approval of the Chief Minister was necessary, would be unnecessary in the peculiar facts of the present case. 6. Since the petitioner has filed a memo dated 9.12.2025 for withdrawal of Application No.10896/2025, which was disposed of by the Tribunal by order dated 27.11.2025, in the peculiarity of the facts narrated above, we deem it appropriate to permit the petitioner to withdraw the Application No.10896/2025 filed before the Tribunal. Consequently, we direct the State Government to permit the petitioner to report to duty as Assistant Professor at - 7 - HC-KAR NC: 2025:KHC-D:17721-DB WP No. 109441 of 2025 WALMI, Dharwad, in pursuance of Notification bearing No.JaSamE/22/2025(E), dated 2.8.2025. 7. Learned counsel for the petitioner, on instruction, submits that the petitioner would report to duty as Assistant Professor at WALMI, Dharwad, within two days. 8. With the above, the writ petition stands disposed of. Pending applications, if any, are disposed of as not surviving for consideration. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE HMB/JTR Ct-cmu LIST NO.: 1 SL NO.: 36