- 1 - HC-KAR NC: 2026:KHC-D:780 WP No. 106131 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.106131 OF 2025 (S-PRO) BETWEEN: SMT. S MAHABOOBJAN AGE: 48 YEARS, OCC: JUNIOR ENGINEEER, CITY MUNICIPAL COUNCIL, JAMAKHANDI-587301 DIST. BAGALKOTE. …PETITIONER (BY SRI. ANIL KALE AND SRI. P. VADIRAJA, ADVOCATES) AND: 1. STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRTARY, DEPT OF URBAN DEVLEOPMENT, 9TH FLOOR, VISHWESHVARAYYA GOPUR], DR. AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE DIRECTOR, DEPT OF MUNICIPAL ADMINISTRATION 9TH FLOOR, VISHWESHWARAYYA GOPUR], DR. AMBEDKAR VEEDHI, BENGALURU-560001 3. THE JOINT DIRECTOR DEPT OF MUNICIPAL ADMINSITRATION, 9TH FLOOR, VISHWESHVARAYYA GOPUR], DR. AMBEKDAR VEEDHI, BENGALURU-560001. …RESPONDENTS (BY SMT. NANDINI B. SOMAPUR, AGA) MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.03 10:49:11 +0530 - 2 - HC-KAR NC: 2026:KHC-D:780 WP No. 106131 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ENDORSEMENT BEARING NO.930022 DMA EST2 ENG 104 2022 DATED 12.10.2023 ISSUED BY THE 2ND RESPONDENT INSOFAR AS NON-CONSIDERING THE CASE OF THE PETITIONER FOR THE TRANSFER FROM THE POST OF JUNIOR ENGINEER TO ASSISTANT EXECUTIVE ENGINEER AT ANNEXURE - H AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER Heard learned counsel appearing for the petitioner and the learned Additional Government Advocate appearing for the respondents-State. 2. The petitioner has called in question the endorsement dated 12.10.2023 issued by respondent No.2, insofar as non-consideration of case of the petitioner for promotion/transfer from the post of Junior Engineer to Assistant Executive Engineer (Annexure-H), purportedly in the light of the notification dated 11.04.2011. 3. Learned counsel for the petitioner submits that the said notification dated 11.04.2011 was subject matter - 3 - HC-KAR NC: 2026:KHC-D:780 WP No. 106131 of 2025 of consideration before the Co-ordinate Bench of this Court in the case of Rangaramu M.R. Vs. The State of Karnataka and others1, (“Rangaramu M.R.”), wherein the said notification was held to be unconstitutional and the writ petitions were allowed. 4. It is further submitted that challenging the said order, the State has preferred writ appeal in W.A.No.200/2024, wherein the Division Bench of this Court has passed the interim order modifying the earlier interim directions, permitting promotions to the post of Assistant Executive Engineer to be made provisionally. The relevant portion of the interim order reads thus: “Heard learned Additional Advocate General appearing for the State and learned counsels appearing for the private parties. Having considered the contentions advanced and having regard to the fact that the promotions to the post of Assistant Executive Engineer have been held up due to the orders passed by this Court and in 1 W.P.No.1575/2023 & connected matters disposed of 10.07.2023 - 4 - HC-KAR NC: 2026:KHC-D:780 WP No. 106131 of 2025 view of the extreme urgency expressed by the learned Additional Advocate General in the appeal filed by the State, we are of the opinion that promotions should be permitted to be effected to the post of Assistant Executive Engineers. The interim order is modified permitting the respective appointing authorities to make promotions to the post of Assistant Executive Engineer in accordance with the impugned rules provisionally and subject to further orders in the writ appeals. However, it is made clear that fixation of Seniority shall await further orders to be passed by this Court in the writ appeals. Interim order granted in Writ Appeal No.863/2023 shall stand modified accordingly. List this matter on 15.10.2025.” 5. Learned counsel for the petitioner submits that in view of the aforesaid interim order passed by the Division Bench, the respondents-authorities are bound to consider the case of the petitioner for promotion to the post of Assistant Executive Engineer on provisional basis subject to the final outcome of the writ appeal. - 5 - HC-KAR NC: 2026:KHC-D:780 WP No. 106131 of 2025 6. Having considered the submission made and in view of the interim order passed by the Division Bench in W.A.No.200/2024, respondent Nos.1 and 2 are directed to consider the case of the petitioner for promotion to the post of Assistant Executive Engineer in accordance with the interim order provisionally and subject to the final outcome of the writ appeal. 7. It is clarified that such consideration and promotion, if any, shall not confer any right with respect to seniority, which will abide by the final decision in W.A.No.200/2024. 8. With the said observation and direction, the writ petition stands disposed of. Sd/- (K.S.HEMALEKHA) JUDGE EM CT:ANB List No.: 1 Sl No.: 13