- 1 - HC-KAR NC: 2025:KHC-D:10329-DB WP No. 105159 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL WRIT PETITION NO.105159 OF 2025 (S-KAT) BETWEEN: SRI. ANAND HAKKI S/O BHADRAPPA AGE 50 YEARS, ASSISTANT EXECUTIVE ENGINEER, INTEGRATED EDUCATION DEPARTMENT, DHARWAD DIVISION, DHARWAD. - PETITIONER (BY SRI. SAMPATKUMAR R. NEMAGOUDA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT (GROUP-A), VIKASA SOUDHA, BENGALURU-560001. 2. THE STATE OF KARNATAKA, REP. BY ITS UNDER SECRETARY, PUBLIC WORKS DEPARTMENT (GROUP-A), VIKASA SOUDHA, BENGALURU-560001. 3. THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, BUILDING AND COMMUNICATION, (NORTH), DHARWAD-580001. 4. THE SUPERINTENDENT ENGINEER, PUBLIC WORKS DEPARTMENT, DHARWAD CIRCLE, DHARWAD-580001. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:10329-DB WP No. 105159 of 2025 5. THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, DHARWAD DIVISION, DHARWAD-580008. 6. SRI. SADASHIVAPPA S/O YAMANAPPA HADIMANI, ASSISTANT EXECUTIVE ENGINEER, PWD SPL. SUB-DIVISION (HIGH COURT), DHARWAD. R/AT. DHARWAD, TQ. DHARWAD, DIST. DHARWAD-580011. - RESPONDENTS (BY SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE FOR R1 TO R5; SMT. SHAILA BELLIKATTI AND SMT. ANURADHA DESHPANDE, ADVOCATES FOR C/R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 21.07.2025 (ANNEXURE-C) PASSED IN A.NO.10584/2025 BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BELAGAVI BENCH AND DISMISS THE APPLICATION FILED BY THE RESPONDENT NO.6 & ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:10329-DB WP No. 105159 of 2025 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 Writ Petition has been filed by the sixth respondent before the Karnataka State Administrative Tribunal [for short, the ‘Tribunal’]. The petitioner has called in question the correctness of the order of the Tribunal dated 21.07.2025 whereby the Tribunal has allowed the application filed by Sadashivappa and has set aside the order of transfer at Annexure-A2 dated 31.05.2025. 2. In terms of the order impugned before the Tribunal the order of transfer of Sadashivappa was challenged as premature. The Tribunal after a detailed hearing noticing the contentions of the parties regarding violation of the transfer guidelines and recording a finding that the - 4 - HC-KAR NC: 2025:KHC-D:10329-DB WP No. 105159 of 2025 approval of Chief Minister was not taken and the transfer made was premature as it was well within the security of tenure granted under the transfer guidelines, has set aside the order of transfer. 3. It is to be noticed that the period of two years security of tenure that was stated had commenced from 14.07.2023 has now been completed as on 13.07.2025. If that were to be so, it would be appropriate at this stage to give a quietus to the litigation by observing that as on date the tenure having been completed, Sadashivappa is now to accept orders of transfer and keep himself open for a fresh order of posting by the State. 4. This order is being passed in order to bring a quietus to the present litigation while noticing that Sadashivappa has completed his tenure. If that were to be so, it is necessary that Sadashivappa keeps himself open for an order of posting at an appropriate place. - 5 - HC-KAR NC: 2025:KHC-D:10329-DB WP No. 105159 of 2025 5. Taking note that Sadashivappa had the benefit of an interim order during which time the post to which he was originally transferred at Karwar, may not be available as on date, the respondent-State has to make an order of posting within a period of two weeks from today. It is open for Sadashivappa to make a representation to the State for appropriate place of posting which may be looked into by the State. 6. Memo filed by the learned counsel appearing for respondent No.6 is taken on record. However, in light of the completion of tenure of Sadashivappa, we find no reason to adjudicate into the merits of the matter while reiterating that the Government employee upon completion of tenure, does not have any vested right to continue in any post and transfer policy is framed keeping in mind the administrative exigencies. In light of the observation made in paragraph No.5, the order of the Tribunal is set aside. - 6 - HC-KAR NC: 2025:KHC-D:10329-DB WP No. 105159 of 2025 With the aforesaid observations, the writ petition stands disposed off. Pending interlocutory application also stand disposed off in view of disposal of the writ petition. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE BVV, CT:VP LIST NO.: 1 SL NO.: 11