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2026 DAILYLAW 31403 (KAR)

SMT ASHA PARVEEN K.A.S. (JUNIOR SCALE) v. THE STATE OF KARNATAKA

WP/21530/2026 · 2026-07-22

K Manmadha Rao, S G Pandit

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010477432026 NC: 2026:KHC:37646-DB WP No. 21530 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION NO.21530 OF 2026 (S-KSAT) BETWEEN: SMT. ASHA PARVEEN, K.A.S. (JUNIOR SCALE) D/O MOHAMMED PASHA AGE ABOUT 55 YEARS WORKING AS CHIEF ADMINISTRATIVE OFFICER KIDWAI MEMORIAL INSTITUTE OF ONCOLOGY DR. M.H. MARIGOWDA ROAD BANGALORE-560 029. RESIDING AT NO.20, 7TH CROSS, AGB COLONY, J.S NAGARA, SARASWATHIPURAM, BANGALORE - 560 096. …PETITIONER (BY SRI.DHANANJAY V.JOSHI, SENIOR COUNSEL A/W SRI.SUNIL KUMAR H.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU – 560 001. Digitally signed by G SHREERAKSHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010477432026 NC: 2026:KHC:37646-DB WP No. 21530 of 2026 2. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, VIDHANA SOUDHA, BENGALURU – 560 001. 3. SRI. AJAY V., K.A.S. SENIOR SCALE REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, VIDHANA SOUDHA, BENGALURU – 560 001. 4. KIDWAI MEMORIAL INSTITUTE OF ONCOLOGY REPRESENTED BY ITS DIRECTOR DR. M.H MARIGOWDA ROAD, BANGALORE-560 029. …RESPONDENTS (BY SRI.K.R.RAJENDRA, AGA FOR R1 AND R2, SRI.V.LAKSHMINARAYANA, SENIOR ADVOCATE A/W SRI.SHASHANK S, ADVOCATE FOR C/R4 IN CP NO.16492/2026) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO GRANT THE FOLLOWING RELIEFS A)SET ASIDE THE AGGRIEVED THE ORDER DATED 08/07/2026 IN APPLICATION NO.3168/2026 WHEREBY THE INTERIM ORDER OF STAY PRAYED BY THE PETITIONER IS DENIED AND NOTICE IS ISSUED BY THE KSAT (KARNATAKA STATE ADMINISTRATIVE TRIBUNAL) VIDE ANNEXURE-B AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010477432026 NC: 2026:KHC:37646-DB WP No. 21530 of 2026 CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) Heard learned Senior counsel Sri.Dhananjay V Joshi for learned counsel Sri.Sunil Kumar H for the petitioner and learned Senior counsel Sri.V Lakshminarayana for learned counsel Sri.Shashank S for caveator respondent No.4 and learned AGA for respondent Nos.1 and 2. Perused the entire writ petition papers. 2. The petitioner is before this Court questioning interim order dated 08.07.2026 in Application No.3168/2026 passed by the Karnataka State Administrative Tribunal, Bengaluru (hereinafter for short referred to as 'the Tribunal') by which the petitioner's prayer to stay notification dated 06.07.2026 transferring the petitioner and posting the third respondent in her place. Learned Senior counsel for the petitioner has urged - 4 - HC-KAR CNR: KAHC010477432026 NC: 2026:KHC:37646-DB WP No. 21530 of 2026 several grounds in support of the petitioner's prayer for grant of interim prayer made before the Tribunal. However, the grounds urged are to be considered by the Tribunal at the time of disposal of the application. The Tribunal on consideration of the interim prayer of the petitioner, taking note of the fact that the third respondent has assumed charge and the petitioner is already relieved from the post of Chief Administrative Officer, KIDWAI Memorial Institute of Oncology in its discretion refused to grant interim prayer. 3. We do not find any error or illegality in the discretionary order passed by the Tribunal. However, the Tribunal shall examine the validity of the transfer notification without taking into notice the assumption of charge by respondent No.3, on its merit. The Tribunal shall endeavor to dispose of the application pending before the Tribunal as early as possible taking note of the fact that it is a transfer matter. - 5 - HC-KAR CNR: KAHC010477432026 NC: 2026:KHC:37646-DB WP No. 21530 of 2026 4. With the above, writ petition stand disposed of. SD/- (S.G.PANDIT) JUDGE SD/- (DR.K.MANMADHA RAO) JUDGE GSR List No.: 1 Sl No.: 10