IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107969 OF 2025 (S-TR)

BETWEEN:

SHRI S.K.HASSAN BASHA S/O. LATE MURTHUJA AGE: 49 YEARS, OCC: SUB-DIVISIONAL OFFICER, TB ROAD LLC DIVISION, BALLARI TQ: KURNOOL, DIST: KURNOOL ANDHRA PRADESH NOW AT LLC COLONY, CANTONMENT AREA, BALLARI-583104.

…PETITIONER (BY SRI. VISHWANATH S. BICHAGATTI, ADVOCATE)

AND:

1. THE CHAIRMAN TUNGABHADRA BOARD, CHIEF ENGINEER, MONITORING (SOUTH)

CWC, JALASOUDHA, NEAR HMT (PM DIVISION)

Digitally signed by BANGALORE-560013.

VISHAL NINGAPPA PATTIHAL Location: High 2. THE SECRETARY Court of Karnataka, Dharwad Bench, TUNGABHADRA BOARD, Dharwad P.O. TUNGABHADRA DAM, TQ. HOSAPETE, DIST. VIJAYANAGARA-583225

3. SRI. K. CHENNAKESHAVULU NAIK AGE: 55 YEARS, OCC: SUB DIVISIONAL OFFICER TB BOARD, BALLARI-583101.

…RESPONDENTS (BY SRI.M.M. PATIL, ADVOCATE FOR R1 R2;

SRI. RAJASHEKHAR BURJI, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO:

I. ISSUE WRIT IN THE NATURE OF CERTIORARI THEREBY QUASHING THE IMPUGNED ORDER DATED 23.10.2025 AT ANNEXURE F PASSED BY RESPONDENT NO.2 TRANSFERRING THE PETITIONER FROM THE POST OF SUB-DIVISION OFFICER, LLC NO.3 SUB-DIVISION, BALLARI TO THE POST OF PERSONAL ASSISTANT TO SUPERINTENDING ENGINEER, IRRIGATION DEPARTMENT, TUNGABHADRA BOARD, TUNGABHADRA DAM, HOSPET PREMATURELY, BEFORE COMPLETION OF THE TENURE.

II. DIRECT THE RESPONDENTS TO ALLOW THE PETITIONER TO CONTINUE IN HIS PRESENT POSTING AS SUB-DIVISIONAL OFFICER, LLC NO.3 SUB DIVISION, BALLARI, TILL COMPLETION OF HIS PRESCRIBED TENURE, I.E., 30TH JANUARY 2026.

THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

1. The petitioner is before this Court calling in question the order dated 23.10.2025, by which the petitioner has been transferred within the Tungabhadra Board prior to the expiry of the tenure, stipulated in the transfer guidelines.

2. Heard Sri.Vishwanath S. Bichagatti, learned counsel for the petitioner and Sri.M.M.Patil, learned counsel for respondent Nos.1 to 2 and Sri.Rajashekhar Burji, learned counsel for respondent No.3

3. The brief facts germane are as follows:

The Tungabhadra Board (hereinafter referred to as “the Board” for short), in terms of its resolution, has framed rules and transfer guidelines. In terms of the said guidelines, a person from the State of Andhra Pradesh is entitled to come on deputation to the Karnataka–Tungabhadra Dam for a period of five years. In accordance with the said guidelines, the petitioner was deputed to the post of Sub-Divisional Officer on 26.05.2021. On 27.06.2023, his posting was varied within the Board in terms of the guidelines.

4. Later, on 23.10.2025, by the impugned order, the petitioner was transferred back to the office from the field. This is the order called in question in the present petition. Owing to the submissions made by the learned counsel for the petitioner, this Court had granted an interim order of stay of the impugned order, which is in subsistence even today.

5. Learned counsel for the petitioner submits that the impugned action is contrary to the guidelines and therefore contrary to law. According to the learned counsel, the petitioner has to complete another six months in field service, i.e., till April

2025, and therefore the transfer is violative of the guidelines.

6. Per contra, the learned counsel Sri Rajashekhar Burji and Sri M.M. Patil appearing for the respondents would contend, in unison, that the petitioner has completed 48 months in field service and is now posted back to the office where he has to complete his tenure in terms of the guidelines. It is therefore, submitted that the petitioner does not derive any indefeasible right to continue in the same post as the internal transfer is strictly in consonance with the guidelines.

7. The narrated facts are not in dispute. The guidelines