SRI GANGADHAR M DODDAMANI v. THE STATE OF KARNATAKA
WP/8162/2026 · 2026-03-13
K V Aravind, S G Pandit
body2026
DailyLaw.ai
[ 2026 DAILYLAW 11259 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 11259 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:15276-DB WP No. 8162 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 8162 OF 2026 (S-KSAT) BETWEEN:
1.
SRI GANGADHAR M DODDAMANI, S/O LATE MARIYAPPA DODDAMANI, AGED ABOUT 55 YEARS, PRESENTLY WORKING AS DEPUTY DIRECTOR, WAITING FOR POSTING AT THE OFFICE OF COMMISSIONER, DEPARTMENT OF BACKWARD CLASSES WELFARE, DEVARAJ URS BHAVAN, 3RD FLOOR, VASANTH NAGAR, BANGALORE - 560 052, PRESENTLY RESIDING AT No.36, SAI NAGAR EXTENSION, HATALAGIRI ROAD, GADAG- 580021. …PETITIONER (BY SRI SATISH K., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF BACKWARD CLASSES WELFARE, VIKASA SOUDHA, BANGALORE - 560 001.
Digitally signed by VINUTHA B S Location: High Court of Karnataka
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2.
THE COMMISSIONER, DEPARTMENT OF BACKWARD CLASSES WELFARE, DEVARAJ URS BHAVAN, 3RD FLOOR, VASANTH NAGAR, BENGALURU - 560052.
3.
SMT. BHANUMATI. H., HUSBAND'S NAME NOT KNOWN TO THE PETITIONER, MAJOR, PRESENTLY TRANSFERRED AS DISTRICT WELFARE OFFICER, DEPARTMENT OF BACKWARD CLASSES WELFARE, DHARWAD 580 001. …RESPONDENTS (BY SRI REUBEN JACOB, AAG A/W SRI V. SHIVAREDDY, AGA FOR R1 & R2;
SRI VIJAYA SIMHA REDDY D. V., ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 26.02.2026 PASSED BY THE HON'BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BANGALORE IN APPLICATION No.10891/2025 (ANNEXURE-A) AND CONSEQUENTLY ALLOW THE SAID APPLICATION No.
10891/2025 PREFERRED BY THE PETITIONER, AS PRAYED FOR, (ANNEXURE-B), IN THE INTEREST OF JUSTICE AND EQUITY
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND
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HC-KAR NC: 2026:KHC:15276-DB WP No. 8162 of 2026
ORAL ORDER
(PER: HON'BLE MR. JUSTICE K. V. ARAVIND)
Heard Sri.Satish K., learned counsel for the petitioner, Sri.Reuben Jacob, learned Additional Advocate General along with Sri. V. Shivareddy, learned Additional Government Advocate for respondent Nos.1 and 2 and Sri. Vijaya Simha Reddy D.V., learned counsel for respondent No.3.
2. The unsuccessful applicant in Application No.10891/2025 is before this Court, impugning the order dated 26.02.2026 passed by the Karnataka State Administrative Tribunal, Bengaluru (for short, “the Tribunal”).
3. The facts, in brief, are that the petitioner while in the cadre of Deputy Director was transferred as District Welfare Officer, Backward Classes Welfare Department, Dharwad, by
order dated 16.11.2024, and reported for duty on 21.11.2024. The said post was subsequently upgraded to the cadre of Deputy Director in the Department of Backward Classes, pursuant to Government Order (Annexure-A2). Respondent No.3 was promoted as District Welfare Officer and was thereafter transferred, by Notification dated 14.08.2025
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(Annexure-A3), to the place of the petitioner. The petitioner was, in turn, directed to report to the Social Welfare Department at the Head Office, Bengaluru. Aggrieved by the
order of transfer, the petitioner preferred an application before the Tribunal. The Tribunal rejected the application. 4. Sri Satish K., learned counsel appearing for the petitioner, submits that the petitioner was transferred as District Welfare Officer, Backward Classes Welfare Department, Dharwad. The said post was upgraded to the cadre of Deputy Director on 16.01.2025. It is further submitted that respondent No.3, upon promotion as District Welfare Officer, was posted in the place of the petitioner. 4.1 It is submitted that the post held by the petitioner, having been upgraded as Deputy Director, is stated to have been downgraded from Deputy Director to District Welfare Officer in order to accommodate respondent No.3. It is contended that, unless the order of upgradation dated 16.01.2025 is modified, such downgrading is not permissible in the manner indicated in the Notification dated 14.08.2025. It is
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further submitted that the Tribunal, without considering the aforesaid aspect, has erroneously rejected the application. 5. Sri Reuben Jacob, learned AAG appearing for Sri V. Shivareddy, learned AGA for respondent Nos.1 and 2, submits that the petitioner, while in the cadre of Deputy Director, was transferred and posted as District Welfare Officer, Dharwad, as per Notification dated 16.11.2024 (Annexure-A1). It is further submitted that, on the representation of the petitioner and two other Deputy Directors who were posted as District Welfare Officers, Government Order (Annexure-A2) dated 16.01.2025 came to be issued upgrading the posts held by them. 5.1 It is submitted that the post of District Welfare Officer was upgraded to accommodate the petitioner and the other two Deputy Directors, and therefore, it is not open to the petitioner to contend that the said post cannot be downgraded to that of District Welfare Officer. Learned AAG further submits that the downgrade of the post from Deputy Director to District Welfare Officer, as per Notification dated 14.08.2025, is in modification of the earlier upgradation order dated 16.01.2025. Hence, the
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posting of respondent No.3 in the place of the petitioner, upon such downgrading, is justified. 6.
Sri Vijaya Simha Reddy D.V., learned counsel appearing for respondent No.3, submits that, pursuant to the order of transfer, respondent No.3 has taken charge at the transferred place as District Welfare Officer, Dharwad, and that interference with the said order at this stage would cause inconvenience to respondent No.3. 6.1 It is further submitted that, if the order of transfer is modified, respondent No.3 would be left without a posting.
Learned counsel submits that, instead of modifying the order of transfer, appropriate directions may be issued to provide a suitable posting to the petitioner.
7. We have considered the submissions made by learned counsel for the parties.
8. The petitioner was transferred as District Welfare Officer, Dharwad, as per Notification dated 16.11.2024 (Annexure-A1). At the time of transfer, the petitioner was holding the post of Deputy Director; however, he was transferred as District
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Welfare Officer. Similarly, two other Deputy Directors were also transferred as District Welfare Officers under the same Notification. 8.1 Since the petitioner and the other two Deputy Directors were transferred as District Welfare Officers without shifting the posts of Deputy Director, it resulted in administrative inconvenience in the exercise of financial powers and other decision-making functions. Consequently, the said three posts were upgraded to the cadre of Deputy Director by Government
Order dated 16.01.2025. By virtue of the said Government
Order, these three posts were required to be filled by Deputy Directors. 8.2 It is not in dispute that respondent No.3 was promoted as District Welfare Officer and posted in the place of the petitioner. We notice that a mention is made in the transfer notification that the post held by the petitioner is downgraded to that of District Welfare Officer. However, the notification does not make any reference to the Government Order dated
16.01.2025. Unless the Government Order dated 16.01.2025 is
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modified, the downgrading in the manner indicated in the Notification dated 14.08.2025 cannot be accepted. 8.3 The contention of the petitioner that the post held by him at Dharwad was downgraded to accommodate respondent No.3 need not be examined at this stage. We are of the view that, unless the post of Deputy Director at Dharwad is downgraded to that of District Welfare Officer in accordance with law, the posting of respondent No.3 is unsustainable. The Tribunal has committed an error in not examining this aspect of the matter.
9. Learned AAG at this stage submits that suitable posting would be provided to respondent No.3 within reasonable time. The submission is placed on record. Learned AAG further submits that any observations made in this order may not be construed as an impediment, in the event the Government decides to downgrade the post of Deputy Director, Department of Backward Classes Welfare, Dharwad, to that of District Welfare Officer, Backward Classes Welfare Department. Since we have not adjudicated upon the competence of the Government to effect such downgrading, no further observations are called for.
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10. We are, therefore, inclined to entertain this writ petition.
11. Accordingly, the following:
O R D E R (i) Writ petition is allowed. (ii) Notification dated 14.08.2025 passed by Karnataka Government Secretariat, Vikas Soudha (Annexure- A3) is set aside insofar as the transfer of respondent No.3 in the place of the petitioner is concerned. (iii) Petitioner is permitted to report to duty as Deputy Director, Department of Backward Classes, Dharwad immediately. (iv) The respondent authorities are directed to provide posting to respondent No.3 within one week from the date of receipt of copy of this order.
Sd/- (S.G.PANDIT) JUDGE
Sd/- (K. V. ARAVIND) JUDGE
VBS List No.: 2 Sl No.: 4