IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16^TH DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 107326 OF 2025 (S-TR)

BETWEEN:

CHANDRAKANTH S/O. VIRUPAXARAO KULKARNI AGE. 59 YEARS, OCC. CHIEF OFFICER, TOWN PANCHAYAT, KUNDAGOL, R/O. REVANASIDDESHWARA PARK, TQ. KUNDAGOL, DIST. DHARWAD 581113.

…PETITIONER (BY SRI. SAURABH A. SONDUR, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA THROUGH ITS UNDER SECRETARY, (MUNICIPAL ADMIN-2), URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BENGALURU-560001.

2. THE DEPUTY COMMISSIONER DC COMPOUND, MINI VIDHANA SOUDHA, G IRIJA A. TQ: AND DIST: DHARWAD-580001.

BYAHATTI

3. KUNDAGOL TOWN PANCHAYAT D GI ig R i I t J a A ll y A . s i B g Y n A e H d A b T y TI RAILWAY STATION ROAD, Location: HIGH COURT OF KARNATAKA TQ: KUNDAGOL, DIST: DHARWAD-581113, DHARWAD BENCH Date: 2026.02.20

11:36:26 +0530 REPRESENTED BY ITS CHIEF OFFICER.

4. SRI. RAVINDRA BAGALKOTI AGE: MAJOR, OCC: SENIOR HEALTH INSPECTOR, R/O. YALAKKI SHETTAR COLONY, GANDHINAGAR, TQ: AND DIST: DHARWAD-580008.

…RESPONDENTS (BY SMT. NANDINI B. SOMAPUR, AGA FOR R1;

NOTICE TO R2 AND R3 ARE SERVED;

SMT. YALAGI KAVYA SHIVAPPA, ADVOCATE FOR C/R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER BEARING NO.NAAE 175 TMS 2025(E) DATED 25-09-2025 ISSUED BY RESPONDENT NO.1 VIDE ANNEXURE-D; 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

1. The petitioner has called in question the Order dated

25.09.2025 issued by Respondent No.1 (Annexure–D), whereby the petitioner was transferred without indicating any place of posting, and Respondent No.4 was transferred to the post held by the petitioner.

2. Brief facts of the case:

2.1. The petitioner was initially working as Manager of Ron Municipality. By order dated 31.07.2024, the petitioner was transferred to the post of Chief Officer, Town Panchayat, Kundagol, and he assumed charge on 05.08.2024.

2.2. Subsequently, by the impugned order dated

25.09.2025, Respondent No.1 transferred Respondent No.4 to the post held by the petitioner at Kundagol and transferred the petitioner without assigning any place of posting.

3. Learned counsel for the petitioner raises following contentions:

3.1. The petitioner has been working as a Manager of Ron Municipality and was transferred to Kundgol on 31.07.2024 and assumed charge on 05.08.2024. The impugned transfer order dated 25.09.2025 has been issued within four years of his posting, thereby violating Clause 7 of the Transfer Guidelines.

3.2. The petitioner is due to attain superannuation on

31.05.2026 and the impugned transfer order issued on 25.09.2025 is within a period of two years before his retirement, which is contrary to Clause 8(1) of the Transfer Guidelines dated

12.05.2025.

3.3. The impugned order does not indicate the place to which the petitioner has been transferred, thereby violating Clause 5(i) of the Transfer Guidelines.

4. Per contra, learned counsel appearing for Respondent No.4 submits that, respondent No.4 had been without any posting for the last six months and he has rightly been posted to the place where the petitioner was working. It is further submitted that Respondent No.4 has already taken charge pursuant to the impugned order. She also submits that, pursuant to the interim order granted by this Court, Respondent No.4 has been given an alternative posting, which is the subject matter of challenge in a separate Writ Petition No.100753/2026, wherein an interim order of stay has been granted. It is therefore submitted that, in view of the order passed by this Court on 30.09.2025, the State be directed to continue payment of salary to Respondent No.4 and to provide him with an appropriate suitable posting.

5. This Court has carefully considered the rival contentions and perused the material on record.

6. Clause 7 of th