- 1 - HC-KAR NC: 2026:KHC:6406-DB WP No. 3272 of 2026 C/W WP No. 2990 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 3272 OF 2026 (S-KSAT) C/W WRIT PETITION No. 2990 OF 2026 (S-KSAT) IN WP No. 3272/2026 BETWEEN: 1. R. CHANDRASHEKAR, SON OF LATE R. RANGARAJU, AGED ABOUT 52 YEARS, WORKING AS AN EXECUTIVE ENGINEER, OFFICE OF PUBLIC WORK DEPARTMENT, K.R. CIRCLE, BENGALURU-560 001, RESIDING AT No.414B, R. R. SIGNATURE, THANISANDRA MAIN ROAD, HEGDENAGAR, BENGALURU-560 077. …PETITIONER (BY SRI S.M. CHANDRAASHEKAR, SENIOR ADVOCATE FOR SRI SAMPATH A., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, Digitally signed by VINUTHA B S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6406-DB WP No. 3272 of 2026 C/W WP No. 2990 of 2026 VIKAS SOUDHA, BENGALURU- 560001. 2. THE UNDER SECRETARY TO GOVT. OF KARNATAKA, PUBLIC WORKS DEPARTMENT, VIKAS SOUDHA, BENGALURU- 560001. 3. A. S. RANJITH KUMAR, DEPUTY CHIEF ENGINEER, OFFICE OF THE CHIEF ENGINEER C AND B (S), K.R. CIRCLE, BENGALURU- 560001. …RESPONDENTS (BY SRI REUBEN JACOB, AAG A/W SRI V. SHIVAREDDY, AGA FOR R1 & R2; SRI P.S. RAJAGOPAL, SENIOR ADVOCATE FOR SRI VINAY VENUGOPAL, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DATED 28/01/2026 PASSED IN APPLICATION No.301/2026 BY THE LEARNED KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN SO FAR AS OBSERVING THAT APPLICANT-PETITIONER SHOULD BE CONTINUED UNTIL HE IS PROVIDED WITH SUITABLE POSTING VIDE ANNEXURE-B. IN WP No. 2990/2026 BETWEEN: 1. SHRI RANJITH KUMAR A. S., No.1825/B, 4TH MAIN, F-BLOCK, KANATAKDASANAGARA, DATTAGALLI 3RD STAGE, MYSURU-570022 AGED ABOUT 32 YEARS. ...PETITIONER (SRI P.S. RAJAGOPAL, SENIOR ADVOCATE FOR SRI VINAY VENUGOPAL, ADVOCATE) - 3 - HC-KAR NC: 2026:KHC:6406-DB WP No. 3272 of 2026 C/W WP No. 2990 of 2026 AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, VIKAS SOUDHA, BENGALURU - 01. 2. THE UNDER SECRETARY TO GOVERNMENT OF KARNATAKA PUBLIC WORKS DEPARTMENT, VIKAS SOUDHA, BENGALURU - 01. 3. R. CHANDRASHEKAR, S/O LATE R. RANGARAJU, AGED ABOUT 52 YEARS, WORKING AS AN EXECUTIVE ENGINEER, OFFICE OF PUBLIC WORKS DEPARTMENT, K.R. CIRCLE, BENGALURU - 01, R/AT No.414B, R. R. SIGNATURE, THANISANDRA MAIN ROAD, HEGDENAGAR, BENGALURU - 77. ...RESPONDENTS (BY SRI REUBEN JACOB, AAG A/W SRI V. SHIVAREDDY, AGA FOR R1 & R2; SRI S.M. CHANDRASHEKAR, SENIOR ADVOCATE FOR SRI SHIVANANDA METI, ADVOCATE FOR C/R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED INTERIM ORDER PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL DATED 28.01.2026 IN OA No.301/2026 APPENDED AT ANNEXURE-A HEREWITH, IN THE INTEREST OF JUSTICE AND EQUITY. THESE PETITIONS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:6406-DB WP No. 3272 of 2026 C/W WP No. 2990 of 2026 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) Heard Sri S.M. Chandrashekar, learned Senior Counsel for Sri A. Sampath, learned counsel for the petitioner in Writ Petition No.3272/2026; Sri P.S. Rajagopal, learned Senior Counsel for Sri Vinay Venugopal, learned counsel for the petitioner in Writ Petition No.2990/2026, and Sri Reuben Jacob, learned Additional Advocate General along with Sri V. Shivareddy, learned Additional Government Advocate for respondent Nos.1 and 2-State in both the petitions. 2. Writ Petition No.3272/2026 is filed by respondent No.3 in Writ Petition No.2990/2026 challenging the same interim order dated 28.01.2026 in Application No.301/2026 passed by the Karnataka State Administrative Tribunal, Bengaluru (for short, 'the Tribunal') only to the extent of issuing direction to give posting to respondent No.3, whereas petitioner in Writ Petition No.2990/2026 is questioning the grant of interim prayer. - 5 - HC-KAR NC: 2026:KHC:6406-DB WP No. 3272 of 2026 C/W WP No. 2990 of 2026 2.1. The parties would be referred to as they stand in terms of their ranking in Writ Petition No.2990/2026. 3. The respondent No.3 herein who was the applicant before the Tribunal, approached the Tribunal questioning the notification dated 22.01.2026 (Annexure-A1) posting the petitioner herein to PWD Division, Bengaluru in place of third respondent herein, while respondent No.3 was directed to report before the Government. Applicant also prayed for interim order of stay to the said notification dated 22.01.2026 (Annexure-A1). The Tribunal after hearing the parties before the Tribunal, passed the following order on 28.01.2026; "…. However, the facts made it clear that the 3rd respondent has been relieved from earlier post and assumed charge to the post where the applicant is working. In other words, it reveals two Officers are working in the same post which is impermissible without due compliance of KCSRs. Under such circumstances, we direct the R1 & R2 authorities not to relieve the applicant by virtue of the impugned order and the applicant should be continued until he is provided with a suitable posting and postpone the implementation of the impugned order till further orders." 4. Questioning the said order, respondent No.3 is before this Court in Writ Petition No.2990/2026. The applicant before the Tribunal is before this Court in Writ Petition - 6 - HC-KAR NC: 2026:KHC:6406-DB WP No. 3272 of 2026 C/W WP No. 2990 of 2026 No.3272/2026, questioning the portion of the interim order, whereunder the Tribunal directed to provide suitable posting to the applicant. 5. When Writ Petition No.2990/2026 was listed for preliminary hearing on 02.02.2026, we directed respondent No.1 to give posting to applicant-respondent No.3 herein forthwith keeping in mind that respondent No.3 is a physically challenged person. 6. Today Sri Reuben Jacob, learned Additional Advocate General files a memo dated 04.02.2026 enclosing notification dated 03.02.2026 posting the applicant to Karnataka Road Development Corporation Limited, Bengaluru, against a vacant post of Executive Engineer. 7. In view of the posting given to respondent No.3, we direct respondent No.3 to report to duty at the place of posting in pursuance to notification dated 03.02.2026, which would be subject to the outcome of the application pending before the Tribunal. - 7 - HC-KAR NC: 2026:KHC:6406-DB WP No. 3272 of 2026 C/W WP No. 2990 of 2026 8. Sri S.M. Chandrashekar, learned Senior Counsel appearing for applicant contends that the State could not have posted respondent No.3 in his place as he is from Urban Development Department and he is not belonging to Public Works Department. Further, learned Senior Counsel would submit that the transfer is effected in the middle of the year and it is unseasoned transfer. Learned Senior Counsel also points out that when the Tribunal has come to a conclusion that the applicant before the Tribunal has made out a prima facie case, could not have directed the State to provide posting. Thus on the above ground, learned Senior Counsel prays for allowing the writ petition filed by the applicant in Writ Petition No.3272/2026 and to dismiss the writ petition of third respondent before the Tribunal in Writ Petition No.2990/2026. 9. Sri P.S. Rajagopal, learned Senior Counsel for respondent No.3 would submit that applicant has no cause of action as he has reported to duty before the Government on 23.01.2026 and thus transfer is implemented. Moreover, he submits that the applicant has completed his tenure. - 8 - HC-KAR NC: 2026:KHC:6406-DB WP No. 3272 of 2026 C/W WP No. 2990 of 2026 10. Be that as it may. Sri Reuben Jacob, learned Additional Government Advocate would undertake that State would file statement of objection to the application before the Tribunal by next date, i.e., 12.02.2026. 11. To see that no government servant shall be made to wait for posting and a government servant shall not be paid salary by not providing posting, we had directed the government to provide posting to applicant and in pursuance to the direction of this Court, applicant is provided posting. 12. In the above circumstances, examining the contentions raised by both the parties at this stage would not be proper for this Court, that to when the main application before the Tribunal is pending. Moreover, no hardship would be caused to applicant as he is provided posting within Bangalore itself. 13. All the contentions of the parties are left open to be considered by the Tribunal. The Tribunal is requested to dispose of the application within 15 days from 12.02.2026. - 9 - HC-KAR NC: 2026:KHC:6406-DB WP No. 3272 of 2026 C/W WP No. 2990 of 2026 14. With the above observation, both petitions stands disposed of. Pending interlocutory applications stand disposed of. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE DDU List No.: 1 Sl No.: 17