- 1 - HC-KAR NC: 2025:KHC:36476-DB WP No. 6924 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 6924 OF 2024 (S-KSAT) BETWEEN: SRI. G.V. SRINIVASA S/O N VENKATACHALAIAH, AGED ABOUT 42 YEARS, NOW WORKING AS SECTION OFFICER PUBLIC WORKS DEPARTMENT (BUILDINGS) VIKASA SOUDHA, BENGALURU-560001 R/AT NO.64-65, ADVAITH APARTMENT, 4TH MAIN, 3RD CROSS, NEW EXTENSION, K.R. PURAM, BENGALURU-560001. …PETITIONER (BY SRI. PRITHVEESH M. K., ADV.) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS VIDHANA SOUDHA, BENGALURU-560001. 2. THE PRINCIPAL SECRETARY PUBLIC WORKS DEPARTMENT, GOVERNMENT OF KARNATAKA, VIKASA SOUDHA, BENGALURU-560001. 3. SRI SRINIVASA MURTHY H L S/O LATE LAKKANNA, AGED ABOUT 47 YEARS, R/AT NO.47, 7TH MAIN, MARTHAS HOSPITAL ROAD, UTTARAHALLI, BENGALURU-560001 PRESENTLY WORKING AS SECTION OFFICER Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36476-DB WP No. 6924 of 2024 HOME DEPARTMENT (CINEMA AND PRISONS) VIDHANA SOUDHA, BENGALURU-560001. …RESPONDENTS (BY SRI.V SHIVAREDDY, AGA FOR R1 & R2 SRI K.R. RAMESH, ADV. FOR C/R3) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM THE RESPONDENTS AND THE TRIBUNAL PERTAINING TO THE IMPUGNED ORDER DATED 19.02.2024 (ANNEXURE-A) AND SET ASIDE THE IMPUGNED ORDER DATED 19.02.2024 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BENGALURU IN APPLICATION NO. 4049/2023 (ANNEXURE-A) AND CONSEQUENTLY DISMISS THE SAID APPLICATION NO. 4049/2023 FILED BY THE RESPONDENT NO.3 HEREIN BEFORE THE HONBLE TRIBUNAL (ANNEXURE-B) IN THE INTEREST OF JUSTICE AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) Petitioner, Section Officer of the Karnataka Government Secretariat is before this Court in this writ petition questioning the order dated 19.02.2024 in Application No.4049/2023 passed by the Karnataka State Administrative Tribunal at Bengaluru (for short, ‘the Tribunal’) allowing the respondent No.3’s application - 3 - HC-KAR NC: 2025:KHC:36476-DB WP No. 6924 of 2024 questioning the order posting petitioner as Section Officer, Public Works Department in place of applicant herein. 2. The parties to the proceedings would be referred to as they stood before the Tribunal. The petitioner was respondent No.3 and respondent No.3 herein was applicant before the Tribunal. 3. Brief facts of the case are that, the applicant was working as Section Officer, Public Works Department since 23.03.2023. The respondent No.3 who was awaiting for posting was posted in place of the applicant under Notification dated 30.08.2023 as Section Officer, Public Works Department withdrawing the services of the applicant. The said notification dated 30.08.2023 was the subject matter of the above stated application. The Tribunal after hearing the parties to the application under impugned order set aside the notification dated 30.08.2023 (Annexure-A6) posting respondent No.3 to the applicant’s place on the ground that respondent No.3 is - 4 - HC-KAR NC: 2025:KHC:36476-DB WP No. 6924 of 2024 without posting; impugned notification is based on the political interference; and that respondent No.3’s services are not withdrawn. Questioning the said order of the Tribunal, respondent No.3 before the Tribunal is before this Court in this writ petition. 4. Heard learned counsel Sri.M.K.Prithveesh for respondent No.3, learned counsel Sri.K.R.Ramesh for applicant and learned Additional Government Advocate SriV.Shivareddy for official respondents. Perused the entire writ petition papers. 5. Learned counsel Sri.M.K.Prithveesh for respondent No.3 would submit that the grounds on which the Tribunal quashed the notification dated 30.08.2023 was not available for the Tribunal to quash the impugned order of posting as on the date of passing the order by the Tribunal. Learned counsel would invite attention of this Court to impugned notification dated 30.08.2023 and submit that services of the applicant was withdrawn by - 5 - HC-KAR NC: 2025:KHC:36476-DB WP No. 6924 of 2024 DPAR. Further, learned counsel would submit that the applicant was given posting under notification dated 02.09.2023 and his services were placed at the disposal of the Secretariat of the Governor. With regard to finding of the Tribunal that posting of respondent No.3 on political interference, learned counsel would submit that the petitioner was posted as requested by the Minister for Public Works Department. Learned counsel placing reliance on the decision of this Bench in W.P.No.3612/2015 dated 22.08.2025 would submit that it is open for the concerned Ministers to receive posting of a particular officer. Learned counsel would also submit that subsequently the applicant was given posting to Home Department under notification dated 12.02.2024 where he reported to duty on 12.02.2024 itself. The Tribunal heard the matter and reserved the application for orders on 24.11.2024 and as such, the subsequent development was not brought to the notice of the Tribunal. It is his submission that in view of the subsequent posting of the applicant to the Home - 6 - HC-KAR NC: 2025:KHC:36476-DB WP No. 6924 of 2024 Department, respondent No.3 could not have pursued application before the Tribunal. 6. Per contra, learned counsel Sri.K.R.Ramesh would support the order passed by the Tribunal. Learned counsel would submit that admittedly as on the date of impugned notification by which the respondent No.3 was posted in his place, no posting was provided to the applicant. Further, learned counsel would submit that the respondent No.3 was posted to the Forest and Ecological and Environment Department under notification dated 14.07.2023 (Annexure-A5) and admittedly the third respondent failed to report to the place of posting i.e., the post of Forest Environmental and Ecological Department. Further learned counsel would submit that the petitioner having failed to report at the place of posting, brought political influence from the concerned Minister and got posting under the notification dated 30.08.2023. Thus, learned counsel would submit that the contention of the respondent No.3 is liable to be rejected. - 7 - HC-KAR NC: 2025:KHC:36476-DB WP No. 6924 of 2024 7. Learned Additional Government Advocate Sri.V.Shivareddy would submit that the applicant is working at the Home Department since February-2024. Further, learned Additional Government Advocate would submit that the respondent No.3 i.e., petitioner herein is working as Section Officer, Public Works Department for last 2 years and in terms of interim order, has completed tenure of two years. Therefore, he submits that the respondent No.3 is due for transfer as on this day. Thus, he prays for passing appropriate order. 8. Having heard learner counsel appearing for the parties and on perusal of the entire writ petition papers, we are of the considered opinion that, in the facts and circumstances and peculiarity of the case we are not inclined to interfere with the order passed by the Tribunal for the following reasons: - 8 - HC-KAR NC: 2025:KHC:36476-DB WP No. 6924 of 2024 The contentions of the petitioner i.e., responding No.3 before the Tribunal raised herein are unsustainable. Admittedly, under impugned notification dated 30.08.2023 when the petitioner was posted to the place of the applicant, no posting to the applicant was given. Though the applicant was provided posting subsequently on 02.09.2023 to that extent, the Tribunal is justified in allowing that posting of respondent No.3 in place of the applicant is without posting. 9. In so far as the finding of the Tribunal with regard to political interference, the same is justified in view of the fact that the third respondent was posted under the notification dated 14.07.2023 (Annexure-A5) as Section Officer to the Forest Environment and Ecological Department, failed to report to duty and was waiting to get posting of his choice. To get his choice of posting, he appears to have approached the concerned Minister and obtained note as at page number 105 of the writ petition, which note clearly states that ‘the third respondent who - 9 - HC-KAR NC: 2025:KHC:36476-DB WP No. 6924 of 2024 was awaiting for posting’, which is opposed to the material and record. The petitioner was given posting to the Forest, Environment and Ecological Department, failed to report to the said post. From the material on record and non- reporting of petitioner at Forest, Environment and Ecological Department, makes it abundantly clear that it is at the instance of the petitioner, concerned Minister appears to have given the note. 10. In pursuance to the impugned notification dated 30.08.2013, respondent No.3 took charge of the said post on 31.08.2023. Though the Tribunal quashed the impugned order dated 30.08.2023, the petitioner/respondent No.3 continued in the said post by virtue of interim order passed by this Court on 06.03.2024. As on this day, the petitioner has completed his tenure of two years in terms of the Government Order which was governing the transfers as on 30.08.2023. It is open for the respondent No.3/petitioner to approach the Government seeking proper posting. The applicant - 10 - HC-KAR NC: 2025:KHC:36476-DB WP No. 6924 of 2024 accepted the posting and reported to duty during the pendency of the application before the Tribunal and is working as Section Officer at the Home Department. Hence, his present working is not disturbed. 11. With the above observations, writ petition stands disposed of. 12. It is open for the petitioner to request for posting and the first respondent shall take immediate steps for providing posting to the petitioner. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE NC CT:bms List No.: 1 Sl No.: 9