- 1 - NC: 2025:KHC-D:640-DB WP No. 107975 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR WRIT PETITION NO. 107975 OF 2024 (S-KAT) BETWEEN: SMT. G. S. RENUKA, W/O. THIPPESWAMY N, AGED ABOUT 45 YEARS, PRIMARY HEALTH CARE OFFICER, TALUK GOVERMENT HOSPITAL, KUDLIGI TALUK, VIJAYANAGARA (D)-583115, R/AT. 115/A3, RAYADURGA RASTE, DR. AMBEDKAR COLONY, GUDEKOTE BELLERY, KARNATAKA-583130. …PETITIONER (BY SRI. CHETAN T. LIMBIKAI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP . BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, VIKASA SOUDHA, BENGALURU-560001. 2. THE COMMISSIONER, DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES, AROGYA SOUDHA, MAGADI ROAD, BENGALURU-560023. 3. THE DIRECTOR, DEPARTMENT OF HEALTH AND FAMILY WELFARE Digitally signed by MANJANNA E Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:640-DB WP No. 107975 of 2024 SERVICES, AROGYA SOUDHA, MAGADI ROAD, BENGALURU-560023. 4. THE DISTRICT HEALTH AND FAMILY WELFARE OFFICER, DEPARTMENT OF HEALTH AND FAMILY WELFARE, VIJAYANAGAR DISTRICT-583115. 5. THE CHIEF MEDICAL OFFICER, TALUK GOVERNMENT HOSPITAL, KUDLIGI, DEPARTMENT OF HEALTH AND FAMILY WELFARE, KUDLIGI TALUK, VIJAYANAGAR DISTRICT-583115. 6. SMT. GIRIJAMMA W/O. ANJINAPPA, AGED ABOUT 40 YEARS, PRIMARY HEALTH CARE OFFICER (PHCO), PRIMARY HEALTH CENTRE, THIMMALAPURA VILLAGE, KUDLIGI TALUK, VIJAYANAGARA (D)-583115. …RESPONDENTS (BY SRI. G. K. HIREGOUDAR, GOVT. ADVOCATE FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL, AT BELAGAVI IN APPLICATION NO.13477/2024 DATED 23.12.2024 VIDE ANNEXURE-A AND CONSEQUENTLY QUASH THE IMPUGNED TRANSFER ORDER DATED 19.11.2024 IN NO.G.AA.KU.KA.KAA/V.NA/C.KAA. HA/01/2024-25 ISSUED BY THE 4TH RESPONDENT VIDE ANNEXURE-A5, IN THE INTEREST OF JUSTICE AND EQUITY AND A WRIT IN THE NATURE OF CERTIORARI QUASHING THE RELIEVING ORDER DATED 03.12.2024 IN NO.THASHAAA/KUU/140/2024-25 ISSUED BY THE 5TH RESPONDENT VIDE ANNEXURE-A8 TO MEET THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR - 3 - NC: 2025:KHC-D:640-DB WP No. 107975 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) The petitioner, who is working as a Primary Health Officer, is transferred from Kudligi to Timmalapur. The petitioner has called in question the said order in her application No.13477/2024 with Karnataka State Administrative Tribunal, Belgaum, and the Tribunal, while considering the petitioner’s request for interim order, has observed that she is relieved at Kudligi and such action will be subject to the result of the application. Sri Chetan Limbikai, the learned counsel for the petitioner, does not dispute that the petitioner has indeed been relieved, but proposes to seek this Court’s indulgence for interim order contending that the petitioner could not have been transferred without counseling and that such order of transfer is by an incompetent officer. When queried, both Sri Chetan Limbikai and Sri G.K. Hiregoudar, the learned Principal Government Advocate, submit that service - 4 - NC: 2025:KHC-D:640-DB WP No. 107975 of 2024 of notice is complete in the application and the Tribunal has listed the application for hearing tomorrow. This Court at this stage is not persuaded to interfere even for the limited purpose of considering the request for interim order, and this Court is of the opinion that the merits of the petitioner’s grievance must be examined by the Tribunal expeditiously. In the light of the above, petition stands deposed of requesting the Tribunal to dispose of the petitioner’s application on merits expeditiously, and preferably before 14.02.2025. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE VMB/ct-an List No.: 1 Sl No.: 34