- 1 - HC-KAR NC: 2025:KHC:26327 WP No. 3040 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 3040 OF 2020 (S-KSRTC) BETWEEN: SRI SHIVASWAMY, S/O LATE CHIKKALINGAPPA, AGED ABOUT 63 YEARS, R/AT NEW KOPPA CIRCLE, B.M.ROAD, SHIVAPURA, MADDUR TOWN, MANDYA DISTRICT. …PETITIONER (BY SRI SOMA SUNDER RAO R, ADVOCATE) AND: 1. THE CHIEF LAW OFFICER, KARNATAKA STATE TRANSPORT CORPORATION, CENTRAL OFFICE, K.H.ROAD, SHANTHINAAR, BANGALORE. 2. CHIEF TRAFFIC MANAGER, KSRTC CENTRAL OFFICE, K.H.ROAD, SHANTHINAGAR, BANGALORE. 3. DIVISIONAL CONTROLLER, KSRTC, MYSORE RURAL DIVISION, BANNIMANTAP EXTENSION, MYSURU - 570 015. 4. DIVISIONAL CONTROLLER, KSRTC MANDYA DIVISION, MAIN BUS STAND, MANDYA - 571 004. …RESPONDENTS (BY SRI B L SANJEEV, ADVOCATE) Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26327 WP No. 3040 of 2020 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 18.02.2019 IS PRODUCED AT ANNEXURE-A REJECTING THE FRESH REPRESENTATION SUBMITTED AT ANNEXURE-H AS PER THE ORDER OF THIS HON'BLE COURT AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER This petition is filed assailing the order dated 18.02.2019 marked at Annexure-A rejecting the petitioner's representation dated 04.12.2018 submitted at Annexure-H. 2. The petitioner also seeks writ of mandamus to direct the respondents to restore seniority of the petitioner on par with Mahadeva-conductor (token No.274). The petitioner claims that on 01.09.2001, certain drivers and conductors have been transferred and posted to Mysuru Rural Division with immediate effect. Petitioner's name is found in Sl.No.15 in the said list. And Mahadeva's name is found in Sl.No.1. - 3 - HC-KAR NC: 2025:KHC:26327 WP No. 3040 of 2020 3. Pursuant to the said order, the petitioner was posted to Kollegal depot which is coming under Mysuru Rural depot and he was relieved. On 25.09.2004, respondent - Corporation issued order modifying the transfer order based on request as the transfer order for administrative reasons. The petitioner's name is not found in the said list. However, name of Mahadeva is found in Sl.No.4. 4. Annexure-D1 is the order dated 27.05.2009 wherein reference is made to the order dated 20.02.2002 and 10.04.2002 modifying the request transfers as the transfers for administrative reasons. In terms of Annexure-F dated 05.01.2008, the petitioner was transferred to K.R.Pete bus stand along with 11 others. 5. The petitioner filed a Writ Petition in W.P.No.35712/2018 with a prayer to consider his representation dated 21.09.2007 marked at Annexure-F in the said Writ Petition. The Writ Petition was allowed and respondent was directed to consider the representation and pass appropriate order within three months. - 4 - HC-KAR NC: 2025:KHC:26327 WP No. 3040 of 2020 6. The petitioner has also filed one more representation on 04.12.2018 to consider his transfer as the transfer for administrative reasons and not based on request. The said representation is not considered and endorsement is issued vide Annexure-A. 7. Learned counsel for the petitioner would submit that despite the Corporation having taken a decision to treat the transfers made on request, the transfers are for administrative reasons, the petitioner's request for seniority is not considered. 8. Learned counsel for the petitioner submits that the Corporation is bound by its own order where the transfers have been made on request are considered as a transfers for administrative reason and in that event, the seniority in the transferred place has to be reckoned. Learned counsel would submit that the transfer was not a request transfer, it was transfer for administrative ground. 9. This Court vide order dated 02.07.2025 has directed respondent - Corporation to produce request letter if - 5 - HC-KAR NC: 2025:KHC:26327 WP No. 3040 of 2020 any, submitted by the petitioner seeking transfer from Mandya to Kollegal. Respondent - Corporation has not produced any such request. 10. Further, the learned counsel for the respondent - Corporation would defend the impugned order and would submit that the impugned order does not suffer from any error. 11. This Court has considered the contentions raised at the bar and perused the records. 12. Since the petitioner has not made any request for his transfer from Mandya to Kollegal (Mysore rural) and he is transferred on administrative reasons, the petitioner is entitled to all the benefits flowing from such transfer. The consequences of such administrative transfer, qua seniority, should be conferred on the petitioner and the impugned order does not confer such benefit though benefits are conferred on similarly placed employee. 13. This being the position, the impugned order at Annexure-A has to be set-aside. - 6 - HC-KAR NC: 2025:KHC:26327 WP No. 3040 of 2020 14. Hence, the following: ORDER (i) The Writ Petition is allowed in-part. (ii) The impugned endorsement at Annexure-A is quashed. (iii) Respondent -Corporation is directed to grant all the benefits including seniority to the petitioner treating his transfer as transfer on administrative reasons. (iv) The order shall be complied within two months from the date of receipt of certified copy of this order. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP List No.: 1 Sl No.: 53