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2026 Supreme(Online)(Kar) 21867

THE HIGH COURT OF KARNATAKA
S.G.PANDIT AND K. V. ARAVIND
SRI ANAND – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 10984/2026



IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH 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.10984 OF 2026 (S-KSAT)

BETWEEN:

SRI. ANAND S/O CHANDRA SHETTY AGED ABOUT 31 YEARS, WORKING AS EXECUTIVE ENGINEER, KARNATAKA RURAL ROAD DEVELOPMENT AGENCY (KRRDA)

CENTRAL OFFICE BANGALORE, MULTI-STORED BUILDING, BANGALORE-560001 R/AT C/O NO.1 & 2 DWARAKANAGARA, 7TH CROSS, CHANNASANDRA, R.R. NAGARA, Digitally signed BENGALURU SOUTH-560 061.

by VINUTHA B S Location: High …PETITIONER Court of Karnataka (BY SRI. T. NARAYANASWAMY, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ, M.S. BUILDING, BANGALORE-560 001.

2. MR. K.P. SAMPATH KUMAR S/O. LATE C. PUTTASWAMY, AGED ABOUT 58 YEARS, WORKING AS EXECUTIVE ENGINEER, PROJECT DIVISION (RDPR), KOLAR-563 101. …RESPONDENTS (BY SRI. V. SHIVAREDDY, AGA FOR R1;

SRI. K. SATISH, ADVOCATE FOR R2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &

227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ORDER ANY APPROPRIATE WRIT SETTING ASIDE THE ORDER DATED 25.03.2026 PASSED IN A. No.15/2026 BY THE HON'BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL ANNEXURE-A AND CONTINUE THE PETITIONER IN THE PRESENT PLACE IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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 respondent in Application No.15/2026 is before this Court, impugning the order dated 25.03.2026 passed by the Karnataka State Administrative Tribunal, Bengaluru.

2. The facts, in brief, are that the petitioner was posted as Executive Engineer, Karnataka Rural Road Development Agency, Bengaluru, in place of respondent No.2 herein. Respondent No.2 had been posted to the said position by Notification dated 07.03.2023. Subsequently, respondent No.2 was transferred as Executive Engineer, Planning Division, Kolar, to a vacant post.

2.1 Aggrieved by the order of transfer dated 30.12.2025, respondent No.2 challenged the same before the Tribunal, inter alia, on the ground that he was due to retire on 30.05.2027 and, having less than two years of service remaining, was not liable to be transferred. It was further contended that respondent No.2 had been posted to the earlier position by Notification dated 07.03.2023 upon promotion.

2.2 The Tribunal, by the impugned order, proceeded on the basis that the respondent therein (the petitioner herein) had not contested the application by filing a reply statement and, by drawing an inference that the petition had not been opposed, set aside the order of transfer dated 30.12.2025. The Tribunal further directed that respondent No.2 be continued in the said post till his retirement on attaining the age of superannuation or until his transfer is necessitated in accordance with law.

3. Sri T. Narayanaswamy, learned counsel appearing for the petitioner, submits that the petitioner was earlier posted to Yadgir and reported for duty on 13.12.2023. It is submitted that, upon completion of his tenure, he was transferred to the Head Office and kept awaiting posting. It is further submitted that, while the petitioner was awaiting posting, he was transferred to the place of respondent No. 2, and respondent No. 2 was, in turn, transferred to Kolar as Executive Engineer by Notification dated 30.12.2025. It is contended that the transfer of the petitioner from Yadgir to Bengaluru was upon completion of the minimum tenure. It is also submitted that respondent No. 2 had likewise completed the minimum tenure in Bengaluru. Further, it is submitted that respondent No. 2 has remained in Bengaluru for more than 20 years.

4. Per contra, Sri V. Shivareddy, learned Additional Government Advocate appearing for respondent No. 1, supports the order of transfer dated 30.12.20

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