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2026 DAILYLAW 52115 (KAR)

MR ANAND M S v. SHYAM M E

WP/38880/2025 · 2026-01-23

K V Aravind, S G Pandit

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:3936-DB WP No. 38880 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 38880 OF 2025 (S-KSAT) BETWEEN: MR. ANAND M S S/O LATE SHANKAR RAO AGED ABOUT 44 YEARS WORKED AS REVENUE INSPECTOR MIRLE HOBLI, SALIGRAMA-571603. …PETITIONER (BY SRI. SRIRANGA S., SENIOR COUNSEL A/W SMT. SUMANA NAGANAND & SMT. ASHWINI N RAVINDRA, ADVS.) AND: 1. SHYAM M E S/O LATE ESWARE GOWDA AGED ABOUT 43 YEARS, WORKED AS REVENUE INSPECTOR T. NARASIPURA TALUK MYSURU 571120. 2. STATE OF KARNATAKA DEPARTMENT OF REVENUE M S BUILDING, BENGALURU 560001 REP. BY THE PRINCIPAL SECRETARY. 3. DEPUTY COMMISSIONER MYSURU -570011. Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3936-DB WP No. 38880 of 2025 4. TAHSILDAR T. NARASIPURA TALUK MYSURU- 571124. …RESPONDENTS (BY SRI.V SHIVAREDDY, AGA FOR R2 TO R4 SRI A VISHWANATHA BHAT, ADV. FOR R1) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1. CALL FOR RECORDS PERTAINING TO ORIGINAL APPLICATION BEARING NO. O.A NO. 4433 OF 2025 BEFORE THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU BENCH; 2. ISSUE A WRIT OF CERTIORARI TO QUASH THE ORDER DATED 17.12.2025 PASSED BY KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU BENCH IN ORIGINAL APPLICATION NO.4433 OF 2025 (ANNEXURE-J) 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) The petitioner/respondent No.4 before the Karnataka State Administrative Tribunal in Application No.4433/2025 is before this Court aggrieved by order dated 17.12.2025 passed by the Tribunal. Operative portion of the order of the Tribunal is as follows: “ORDER 1. The application is allowed. 2. The impugned order bearing No.E-RD 94 BSI 2025 issued by the 1st respondent vide Annxure-A2 is hereby quashed and the - 3 - HC-KAR NC: 2026:KHC:3936-DB WP No. 38880 of 2025 applicant is entitled to continue in the present post till providing suitable posting to him. 3. The respondent Nos. 1 to 3 are directed to provide suitable posting to the 4th respondent within a period of two weeks from the date of receipt of copy of this order.” 2. Heard Sri. S Sriranga, learned Senior Advocate appearing on behalf of Sri. Sumana Naganand and Ms. Ashwini N Ravindra, learned advocates on record for petitioner, Sri. A Vishwanatha Bhat for respondent No.1 and Sri. V Shivareddy, leaned AGA for respondent Nos. 2 to 4. 2. Respondent No.1 was before the Tribunal praying for quashing of the order dated 17.10.2025 whereunder the petitioner herein was posted as Revenue Inspector, Sosalli Hobli, T.Narasipura Taluk, Mysuru District, in place of respondent No.1 herein. The said Official Memorandum was the subject matter of the application No.4433/2025. The respondent No.1 was before the Tribunal on the ground that no posting was - 4 - HC-KAR NC: 2026:KHC:3936-DB WP No. 38880 of 2025 given while posting petitioner herein in his place. The Tribunal instead of directing the respondent State to provide posting to respondent No.1, quashed the order of the transfer itself without looking into as to whether respondent No.1 had completed his term at Sosalli Hobli, T. Narasipura Taluk, Mysuru District. In fact, respondent No.1 had completed his term in the said place. When a Government servant completes his term at a place of work, he has no right to continue in the said post. It is for the respondent-State to extend the term or to curtail the term in accordance with the Transfer Guidelines prevailing at that point of time. The Tribunal also committed an error in directing official respondents to give suitable posting to the petitioner herein. 3. In the above circumstances, this Court by interim order dated 19.01.2026 directed the State Government to provide posting to respondent No.1 herein as he had completed his term while staying the direction - 5 - HC-KAR NC: 2026:KHC:3936-DB WP No. 38880 of 2025 of the Tribunal wherein State Government was directed to give posting to the petitioner herein. 4. Today, learned AGA filed a memo dated 23.01.2026 enclosing Official Memorandum dated 21.01.2026 wherein respondent No.1 is posted as FDA, Taluk Office, H.D. Kote Taluk, Mysuru District. Leaned counsel Sri. A Vishwanatha Bhat appearing on behalf of respondent No.1 submits that respondent No.1 has already reported to duty at Taluka Office H D Kote. Learned Senior Counsel Sri. Sriranga also submits that the petitioner has also reported to duty at the transferred place in Sosalli Hobli, T. Narasipua Taluk, Mysuru District. 5. For the reasons recorded above, we pass the following: ORDER i) The writ petition is hereby allowed. ii) The order dated 17.12.2025 passed by the Tribunal in Application No.4433/2025 stands - 6 - HC-KAR NC: 2026:KHC:3936-DB WP No. 38880 of 2025 quashed and consequently, Application No.4433/2025 stands dismissed. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE BSV CT:bms List No.: 2 Sl No.: 1