- 1 - HC-KAR NC: 2025:KHC-K:3405-DB WP No. 200111 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 26TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND THE HON'BLE MRS. JUSTICE K S HEMALEKHA WRIT PETITION NO. 200111 OF 2025 (S-KAT) BETWEEN: ROOPA SAGAR D/O VITHAL SAGAR, AGE: 37 YEARS, OCC: HOSTEL WARDEN, AT POST METRIC GIRL'S ENGINEERING AND MEDICAL HOSTEL KALABURAGI, (BCWD 2105) O/O BACKWARD CLASSES WELFARE, KALABURAGI. R/O:# 157, P & T COLONY KALABURAGI. …PETITIONER (BY SRI. SIDDARAM BASAVARAJ WADI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, BACKWARD CLASSES WELFARE DEPT. NO.16/D, 3RD FLOOR, DEVARAJ URS BHAVAN, MILLAER TANK BED ROAD, VASANTH NAGAR BANGALORE -560 052. 2. THE COMMISSIONER, BACKWARD CLASSES WELFARE DEPT. NO.16/D, 3RD FLOOR, DEVARAJ URS BHAVAN, MILLAER TANK BED ROAD, VASANTH NAGAR BANGALORE - 560 052. Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3405-DB WP No. 200111 of 2025 3. THE DISTRICT OFFICER, DEPT. OF BACKWARD CLASSES WELFARE, KALABURAGI – 585 102. 4. SHIVALLELA W/O GOLLALAPPA SINNUR, AGE: 37 YEARS, OCC: HOSTEL WARDEN, O/O BACKWARD CLASSES WELFARE, KALABURAGI POST METRIC BOY'S MEDICAL AND ENGINEERING HOSTEL KALABURAGI TOWN, (BCWD 2105) KALABURAGI CITY R/O H.NO. 62, CHANVEER NIWAS VAISHNODEVI NAGAR SAYED CHINCHOLI CROSS, KALABURAGI - 05. …RESPONDENTS (BY SMT. MAYA RANJANNA, HCGP FOR R1 TO R3; SRI KRUPA SAGAR PATIL, ADVOCATE FOR C/R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A DIRECTION IN THE NATURE OF CERTIORARI THEREBY QUASHING THE IMPUGNED ORDER PASSED BY THE HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL BENCH AT KALABURAGI IN OA NO.21491/2024 DATED 12.12.2024 WHICH IS AT ANNEXURE-B TO MEET THE ENDS OF JUSTICE AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND HON'BLE MRS. JUSTICE K S HEMALEKHA - 3 - HC-KAR NC: 2025:KHC-K:3405-DB WP No. 200111 of 2025 ORAL ORDER (PER: HON'BLE MRS. JUSTICE K S HEMALEKHA) The present writ petition is filed by the applicant challenging the legality and correctness of the order dated 12.12.2024 passed in Application No.21491/2024, on the file of the Karnataka State Administrative Tribunal, Kalaburagi Bench (hereinafter referred to as “Tribunal” for short). By the impugned order, the Tribunal disposed of the application challenging the appointment of respondent No.4 as Hostel Superintendent of the Post Metric Girl’s Medical and Engineering Hostel, Kalaburagi and consequently, upheld the order dated 15.10.2024, appointing respondent No.4 to the said post. Brief facts: 2. The applicant was initially appointed as Hostel Superintendent in the year 2015, vide Office Memorandum dated 08.09.2015 at Post Metric Girl’s Medical and Engineering Hostel, Kalaburagi. Subsequently, by an Office Memorandum dated 18.01.2024, the applicant was promoted - 4 - HC-KAR NC: 2025:KHC-K:3405-DB WP No. 200111 of 2025 to the post of Hostel Warden. It is the case of the applicant that she reported to duty at the promoted place on 19.01.2024, which was at the same location where she had earlier served as Hostel Superintendent. The applicant contented that being a Group-C employee, she is entitled to continue at the promoted post for a minimum tenure of four years from the date of assuming charge. She contended that the impugned order dated 15.10.2024, whereby respondent No.4 was posted to her position, prematurely disturbs her tenure and same is therefore illegal and liable to be set aside. 3. Respondent No.4 contended that the applicant was promoted to the post of Hostel Warden. In fact, no sanction post of “Hostel Warden” is there in the institution or in the department. It is her case that although the applicant was issued a promotion order designating her as a Hostel Warden, she is continuing to function as a Hostel Superintendent, the post she had held since 2015. Respondent No.4 further contended that the applicant had - 5 - HC-KAR NC: 2025:KHC-K:3405-DB WP No. 200111 of 2025 already completed her tenure at said post and therefore, her continuation is not justified. 4. The Tribunal by the impugned order observed that although the applicant was promoted as a Hostel Warden, she continued to function as a “Hostel Superintendent” and that there is no sanction post of “Hostel Warden” existed in the institution and the applicant was working in a position meant for “Hostel Superintendent”. Further, it noted that respondent No.4, who was serving as “Hostel Superintendent” at Chittapur, was transferred and posted to as “Hostel Superintendent” at Kalaburagi. The Tribunal concluded that no illegality or irregularity is found in the issuance of the order of transfer dated 15.10.2024 and rejected the application. 5. Heard the learned counsel appearing for the appellant, learned High Court Government Pleader for respondent Nos.1 to 3 and learned counsel appearing for respondent No.4. - 6 - HC-KAR NC: 2025:KHC-K:3405-DB WP No. 200111 of 2025 6. The learned counsel for the appellant while reiterating the various grounds urged in the writ petition, primarily contends that the applicant has been subjected to a premature transfer without being provided a suitable posting in accordance with her promotional status. It is submitted that the applicant's case falls under “Couple Case” category as her husband is employed as an Assistant Teacher in Government Primary School, Kodaduru, Thaluka Chittapur, District Kalaburagi, which is in close proximity to the applicant's place of posting. 7. Learned counsel for respondent No.4 would contend that the applicant being promoted as a Hostel Warden, cannot continue to occupy the post of Hostel Superintendent, as there is undisputedly no sanction post of “Hostel Warden” in the institution. It is contented that in light of the applicant's promotion, she cannot continue to discharge duties in her previous capacity and thus, respondent No.4's transfer to Kalaburagi institution was made strictly against a vacant and sanctioned post of “Hostel Superintendent”. - 7 - HC-KAR NC: 2025:KHC-K:3405-DB WP No. 200111 of 2025 8. Learned High Court Government Pleader supports the order of transfer and the order of the Tribunal and contends that respondent-authorities would provide suitable posting to the applicant in compliance with the order of the Tribunal. 9. We have carefully considered the contentions urged by the learned counsel for the parties and perused material on record. 10. Undisputedly, the post held by the applicant is that of “Hostel Superintendent” and there exist no sanction post of “Hostel Warden”, in the department. From the material, it could be gathered that respondent No.4 was transferred to the institution as a “Hostel Superintendent”, against a vacant and sanctioned post of “Hostel Superintendent”. The Tribunal, after carefully examining the records, rightly found that respondent No.4 was posted to the vacant and sanctioned post of “Hostel Superintendent” and not to the applicant's promoted post. While the applicant claimed that she was initially posted at her current - 8 - HC-KAR NC: 2025:KHC-K:3405-DB WP No. 200111 of 2025 place, on the basis of “Couple Case”, there was no binding right shown to definitely retain the post, especially after her tenure was completed and in the absence of a sanctioned post of her promotional designation. However, the Tribunal considering the applicant's situation, exercising the discretion, directed the respondent-authorities to consider her case for suitable posting and thereby addressing the applicant's grievance. 11. We find that the order of the Tribunal is justified and no merits in the writ petition. However, we direct the respondent-authorities to comply the order of the Tribunal within two weeks from the date of receipt of this order in accordance with law. 12. With the aforesaid observations, the writ petition stands disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE Sd/- (K S HEMALEKHA) JUDGE AT, List No.:1 Sl No.: 11 CT:NI