- 1 - HC-KAR NC: 2026:KHC:19478-DB WP No. 34706 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 34706 OF 2025 (S-KSAT) BETWEEN: 1. DR. HANKEPPA RATHOD, S/O LATE YAMANAPPA RATHOD, AGED ABOUT 50 YEARS, EARLIER WORKING AS DEPUTY DRUGS CONTROLLER (AYUSH), DIRECTORATE OF AYUSH, DANVANTRI ROAD, BENGALURU-560 009, R/AT No.714, SKYLINE CITY TOWER, BLOCK APARTMENTS, CHANDRA LAYOUT, BENGALURU- 560 072. …PETITIONER (BY SRI SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE) AND: 1. STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES, VIKASA SOUDHA, BENGALURU- 560 001. 2. THE COMMISSIONER, DEPARTMENT OF AYUSH, Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:19478-DB WP No. 34706 of 2025 DANVANTRI ROAD, BENGALURU- 560 009. 3. THE COMMISSIONER DEPARTMENT OF FOOD & DRUGS ADMINISTRATION PALACE ROAD, BENGALFURU-560001. …RESPONDENTS (BY SRI REUBEN JACOB, AAG A/W SRI V. SHIVAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 06/11/2025 PASSED BY THE HON'BLE KSAT IN APPLICATION No.2787/2025 VIDE ANNEXURE-A 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) Heard Sri Shivaprasad Shantanagoudar, learned counsel for the petitioner and Sri Reuben Jacob, learned Additional Advocate General along with Sri V. Shivareddy, learned Additional Government Advocate for the respondents. - 3 - HC-KAR NC: 2026:KHC:19478-DB WP No. 34706 of 2025 2. The petitioner-applicant is before this Court questioning a portion of the order dated 06.11.2025 in Application No.2787/2025 passed by the Karnataka State Administrative Tribunal, Bengaluru [for short 'Tribunal], directing the respondents to post the applicant to an appropriate post. 3. Sri Shivaprasad Shantanagoudar, learned counsel for the petitioner, would submit that the petitioner was initially appointed as Physician Grade-II (AYUSH) on 23.08.2004 and was subsequently promoted as Assistant Drugs Controller in the Department of AYUSH. Furthermore, the petitioner was promoted as Deputy Drugs Controller under Notification dated 29.04.2016. 3.1 The petitioner approached the Tribunal questioning the OM dated 19.06.2025 (Annexure-A.13) whereby the petitioner was posted as Medical Officer to Government Ayurveda Clinic, Koragallu, Ramanagara District by contending that he is the Deputy Drugs Controller (AYUSH) and he cannot be posted as a Medical Officer. When the Tribunal refused to grant an interim order staying the impugned OM dated 19.06.2025, the petitioner approached this Court in WP No.18836/2025 and this - 4 - HC-KAR NC: 2026:KHC:19478-DB WP No. 34706 of 2025 Court, by order dated 30.06.2025, observing that the petitioner has made out a prima facie case granted stay of the impugned OM dated 19.06.2025 and directed that the petitioner shall continue as Deputy Drugs Controller in the AYUSH Department during pendency of the application before the Tribunal. Subsequently, the application was disposed of by the Tribunal with the following order; "Order (i) The application is allowed. (ii) The impugned order bearing No.AYUSH/7/ Sibbandi(5)/2025/E Aa. Dated 19.06.2025 produced at Annexure-A13 passed by the 2nd Respondent, is hereby quashed. (iii) The Respondents are directed to pass an appropriate order in terms of Notification dated 29.07.2025 posting the applicant to an appropriate post within a period of one month from the date of issue of this order." 3.2 Aggrieved by the portion of the order wherein the Tribunal has directed the respondents to post the applicant/petitioner to an appropriate post, he is before this Court. - 5 - HC-KAR NC: 2026:KHC:19478-DB WP No. 34706 of 2025 4. Learned counsel for the petitioner would further submit that the appropriate post would be the Deputy Drugs Controller and not any other post as he has been promoted as Deputy Drugs Controller under Notification dated 29.04.2016 (Annexure-A6). 5. Per contra, learned Additional Advocate General would submit that the post of Deputy Drugs Controller is no more existing in the Department of AYUSH in terms of the order dated 29.07.2025, however he submits that the pay of the petitioner would be protected. Further learned Additional Advocate General would submit that the State is taking an action to withdraw the promotion accorded to the petitioner stating that he has obtained promotion by illegal means. Be that as it may. 6. Admittedly, the petitioner is promoted as Deputy Drugs Controller under Notification dated 29.04.*2016. At present, the petitioner is working as Deputy Drugs Controller with pay scale of Rs.1,07,500/- 1,67,200/-. As long as the promotion Notification dated 29.04.*2016 exists, the petitioner has a right to continue in the promoted post or equivalent post carrying *Corrected vide Chamber order dated 27.04.2026. - 6 - HC-KAR NC: 2026:KHC:19478-DB WP No. 34706 of 2025 the same pay scale and responsibility. In the guise of giving protection of pay to the petitioner, he cannot be made to work in a lower post. 7. With the above observations, the writ petition stands disposed of. Pending I.As., if any, stand disposed of. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE MV List No.: 2 Sl No.: 3