- 1 - HC-KAR CNR: KAHC010597102026 NC: 2026:KHC:50303-DB WA No. 2014 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN WRIT APPEAL NO. 2014 OF 2026 (S-TR) BETWEEN: 1. SRI B G RAMESHA S/O B.K. GANGAMARAIAH, AGED ABOUT 51 YEARS, PRESENTLY WORKING AS REVENUE OFFICER, TOWN MUNICIPAL COUNCIL, KONAPPANA AGRAHARA, BENGALURU-560 100, R/AT NO. 98, 3RD CROSS, ULLALA MAIN ROAD, BHARATH NAGAR, 2ND STAGE, BEL LAYOUT, BENGALURU-560 091. …APPELLANT (BY SRI. SHIVAPRASAD SHANTANAGOUDAR., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA, BENGALURU-560 001, REP. BY ITS UNDER SECRETARY. Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010597102026 NC: 2026:KHC:50303-DB WA No. 2014 of 2026 2. CHIEF OFFICER MUNICIPAL COUNCIL, KONAPPANA AGRAHARA BENGALURU SOUTH TALUK, BENGALURU- 560 002 3. SRI. V. NAGESH AGED ABOUT MAJOR PRESENTLY WORKING AS REVENUE OFFICER, TOWN MUNICIPAL COUNCIL, HUNASAMARANAHALLI, BENGALURU- 562 157. …RESPONDENTS (BY SRI. V.S.GAUTHAM., ADVOCATE FOR C/R3; SRI. M.N.SUDEV HEGDE, AGA FOR R1) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 30/07/2026 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.9980/2026 AND THEREBY ALLOW THE WRIT PETITION AS PRAYED FOR, ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN - 3 - HC-KAR CNR: KAHC010597102026 NC: 2026:KHC:50303-DB WA No. 2014 of 2026 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present appeal has been filed impugning the judgment and order dated 30.07.2026 passed by the writ Court in W.P.No.9980/2026 (S-TR) whereby the petition filed by the appellant for quashing the Official Memorandum/transfer order dated 26.03.2026 transferring the appellant to another place even before completing 2 years of service at a place, came to be dismissed. 2. The learned counsel for the petitioner has placed reliance on the Transfer Guidelines which are itself not statutory in nature, but provides that an employee can be transferred after serving at a place for a period of 2 years. The writ Court also noted that there was no mala fide as alleged in transferring the appellant to another place. Even otherwise, transfer and postings are the subject matter which are better left to the concerned Department. Transfer is an incident of service and no employee has the statutory or fundamental rights to remain posted at a place of choice for the period as he/she likes. - 4 - HC-KAR CNR: KAHC010597102026 NC: 2026:KHC:50303-DB WA No. 2014 of 2026 3. We are not impressed with the memo filed by learned counsel for the appellant to withdraw this appeal. 4. However, considering the facts and circumstances of the case, we dismiss this appeal as withdrawn, with costs of Rs.5,000/- to be deposited by the appellant to the account of 'Karnataka Advocates Clerks Association Benevolent Fund'. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE NG CT:SN List No.: 1 Sl No.: 3