SRI SANJAY Y JAGATAP vs THE STATE OF KARNATAKA

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HC-KAR
NC: 2026:KHC:57115-DB
WP No. 21914 of 2026
CNR: KAHC010482292026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 12 DAY OF OCTOBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE S.G.PANDIT
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
WRIT PETITION NO.21914 OF 2026 (S-KSAT)
BETWEEN:
SRI. SANJAY Y.JAGATAP,
S/O LATE. YESHWANTH RAO,
AGED ABOUT 52 YEARS,
EARLIER WORKING AS GAZETTED MANAGER-II
DEPARTMENT OF SERICULTURE AT BENGALURU
PRESENTLY WORKING AS
GAZETTED MANAGER-II
GOVERNMENT COCOON MARKET,
VIJAYAPURA, RURAL DISTRICT-562135.
PERMANENTLY R/AT
NO. 2010/A (NEW NO.17),
HEMA NIVAS, 7TH MAIN ROAD,
3RD STAGE, RAJAJINAGAR D BLOCK,
BANGALORE-560 010.
…PETITIONER
Digitally signed
by AASEEFA
PARVEEN
Location: HIGH
COURT OF
KARNATAKA
(BY SRI. GOPALAKRISHNAMURTHY C.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,

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HC-KAR
NC: 2026:KHC:57115-DB
WP No. 21914 of 2026
CNR: KAHC010482292026
HORTICULTURE AND
SERICULTURE DEPARTMENT,
4TH FLOOR, 3RD GATE,
M.S.BUILDING,
DR. B.R.AMBEDKAR VEEDHI,
BENGALURU - 560 001.
2. THE UNDER SECRETARY TO GOVERNMENT
HORTICULTURE AND SERICULTURE,
DEPARTMENT (SERICULTURE WING),
KARNATAKA GOVERNMENT SECRETARIAT
ROOM NO. 128, 1ST FLOOR,
OPP. TO SECRETARIAT CANTEEN,
VIKASA SOUDHA,
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU - 560 001.
3. THE COMMISSIONER FOR SERICULTURE
DEVELOPMENT AND,
DIRECTOR OF SERICULTURE,
DIRECTORATE OF SERICULTURE,
5TH FLOOR, 1ST GATE,
M.S.BUILDING, DR. B.R.AMBEDKAR VEEDHI,
BENGALURU - 560 001.
4. THE ADDITIONAL DIRECTOR (ADMIN)
DIRECTORATE OF SERICULTURE,
5TH FLOOR, 1ST GATE,
M.S.BUILDING,
DR. B.R.AMBEDKAR VEEDHI,
BENGALURU - 560 001.
5. SRI. SURESH H.,
S/O. NOT KNOWN TO PETITIONER
AGED MAJOR
EARLIER WORKED AS
GAZETTED MANAGER-2
GOVERNMENT COCOON MARKET,
VIJAYAPURA, RURAL DISTRICT-562135

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HC-KAR
NC: 2026:KHC:57115-DB
WP No. 21914 of 2026
CNR: KAHC010482292026
PRESENTLY TRANSFERRED AS
GAZETTED MANAGER - 2
DIRECTORATE OF SERICULTURE,
5TH FLOOR, 1ST GATE,
M.S.BUILDING, DR. B.R.AMBEDKAR VEEDHI
BENGALURU - 560 001.
…RESPONDENTS
(BY SRI. VIKAS ROJIPURA, AGA FOR R1 TO R4;
SRI. SHANTHARAJU, ADVOCATE FOR R5)
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF
CERTIORARI BY QUASHING THE IMPUGNED ORDER PASSED BY
THE HONBLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL
IN APPLICATION NO.2538/2025 DATED 26/03/2026 AS PER
VIDE ANNEXURE-A BY ALLOWING THE ABOVE PETITION TO
MEET THE ENDS OF JUSTICE AND EQUITY AND
CONSEQUENTLY ALLOW THE APPLICATION NO.2538/2025
DATED 11/06/2025 FILED BY THE PETITIONER BEFORE THE
KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT
BENGALURU AS PER VIDE ANNEXURE-B.
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 DR. JUSTICE CHILLAKUR SUMALATHA

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HC-KAR
NC: 2026:KHC:57115-DB
WP No. 21914 of 2026
CNR: KAHC010482292026
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.G.PANDIT)
The petitioner, an unsuccessful applicant who is
transferred from Bangalore to Bangalore Rural District at
Vijayapura, is before this Court aggrieved by the order
dated 26.03.2026 in Application No.2538/2025 passed by
the Karnataka State Administrative Tribunal, Principal
Bench at Bangalore, whereunder the petitioner's challenge
to the order of transfer dated 02.06.2025 (Annexure-A2),
is rejected.
2. Brief facts of the case are that:
a. The petitioner and respondent No.5 are working
in the cadre of Gazetted Manager-II in the Sericulture
Department. The petitioner was posted to work as
Gazetted Manager-II in Group-B post to Directorate of
Sericulture, Bangalore, under notification dated
01.09.2022. Whereas, respondent No.5 was posted to
work as Gazetted Manager-II, Reshme Cocoon market,

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HC-KAR
NC: 2026:KHC:57115-DB
WP No. 21914 of 2026
CNR: KAHC010482292026
Vijayapura, Devanahalli Taluk, Bengaluru Rural District, by
notification dated 12.03.2024. While they were working at
Bangalore and Bangalore Rural District respectively, under
impugned notification dated 02.06.2025 (Annexure-A2),
the petitioner is transferred from Bangalore to Bangalore
Rural District, at Vijayapura, Devanahalli, whereas
respondent No.5 who was working at Vijayapura,
Devanahalli Taluk, Bangalore Rural District, is posted to
work at the place of petitioner. Questioning the said
notification of transfer, the petitioner was before the
Tribunal and the Tribunal initially on 11.06.2025 passed an
order to the effect that the impugned transfer notification
would be subject to the result of the application.
b. It is stated that the petitioner reported to duty
in pursuance to the transfer notification at the place of
transfer on 12.06.2025 and since then, he was working at
Vijayapura, Bangalore Rural District. Thereafter, under
impugned order dated 26.03.2026, the petitioner's

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HC-KAR
NC: 2026:KHC:57115-DB
WP No. 21914 of 2026
CNR: KAHC010482292026
application questioning the order of transfer dated
02.06.2025 came to be dismissed, rejecting the
petitioner's contention that the order of transfer is not
approved by the Chief Minister or concerned Minister, as
required under the Government Order laying down
transfer guidelines. Therefore, the petitioner is before this
Court in this writ petition.
3. Heard Sri.Gopalakrishnamurthy.C learned
counsel for the petitioner, Sri.Vikas Rojipura, learned AGA
for respondent Nos.1 to 4 and Sri.Shantharaju, learned
counsel for respondent No.5. Perused the entire writ
petition papers.
4. Learned counsel for the petitioner vehemently
contends that the transfer of the petitioner is arbitrary and
unreasonable. In that regard, he submits that the transfer
notification is not approved by either the Chief Minister or
by the concerned Minister. Therefore, he submits that the
transfer notification is contrary to transfer guidelines dated

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HC-KAR
NC: 2026:KHC:57115-DB
WP No. 21914 of 2026
CNR: KAHC010482292026
12.05.2025. Further, learned counsel would submit that
the transfer is ratified by the concerned Minister after two
months. Thus, he would submit that the transfer requires
to be interfered with. Further, learned counsel would point
out that this Court by order dated 29.08.2026, granted
interim order of stay of the impugned order of transfer
notification dated 02.06.2025 (Annexure-A2) and in
pursuance to the said stay order, the petitioner was
relieved from his post of Gazetted Manager-II, Vijayapura,
Devanahalli Taluk, Bangalore Rural District, and he again
reported to duty at Bangalore.
Per contra
5. , learned AGA would submit that
transfer of the petitioner and posting of respondent No.5
was during general transfer and no approval of the Chief
Minister would be required. Learned AGA would submit
that the transfer of the petitioner is approved by the
concerned Minister. Moreover, he submits that the
petitioner has completed his tenure and he has no right to

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HC-KAR
NC: 2026:KHC:57115-DB
WP No. 21914 of 2026
CNR: KAHC010482292026
continue at Bangalore. Further, he would submit that as
the petitioner is transferred to Bangalore Rural District, no
hardship or any inconvenience would be caused to the
petitioner.
6. Learned counsel for respondent No.5 would
support the submission of learned AGA and would further
submit that the petitioner suppressed the fact of he joining
duty at transfer place i.e., Vijayapura and further, he
submits that a person who has completed his tenure
cannot continue in the post which he has held. Thus, he
would pray for dismissing the writ petition.
7. Having heard learned counsel for the parties
and perusing the entire writ petition papers, we are not
inclined to interfere with the impugned order passed by
the Tribunal. Transfer is not a condition of service and
transfer is an incident of service. No government servant
has the right to stick on to a particular post, that too on
completion of his tenure. Tenure at a place of work or post

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HC-KAR
NC: 2026:KHC:57115-DB
WP No. 21914 of 2026
CNR: KAHC010482292026
is subject to certain conditions laid down in the transfer
guidelines and also depends on the administrative
exigencies. The petitioner was posted as Gazetted
Manager-II, Directorate of Sericulture in Bangalore under
transfer notification dated 01.09.2022, by the time,
impugned transfer notification dated 02.06.2025 was
issued, the petitioner had completed his minimal tenure at
Directorate of Sericulture, Bengaluru.
8. Petitioner had no right to continue at Bangalore
after completion of his tenure. The transfer notification is
issued during the general transfer period and no approval
of Chief Minister would be necessary for transfer during
the general transfer period. Further, the concerned
Minister as submitted by the learned AGA, has approved
the transfer notification dated 02.06.2025.
9. The Tribunal has recorded that the petitioner
has submitted 148 RTI applications seeking information of
various files. Hence, his O.O.D order was cancelled vide

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HC-KAR
NC: 2026:KHC:57115-DB
WP No. 21914 of 2026
CNR: KAHC010482292026
official memorandum dated 13.09.2021. It is not known as
to whether the petitioner is performing his official duty or
is only spending time by making RTI applications.
Thus, we don’t find any merit in the writ petition and
accordingly, writ petition stands rejected .
Sd/-
(S.G.PANDIT)
JUDGE
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
DS
CT:TSM
List No.: 1 Sl No.: 7