SRI S. R. JAYAPRAKASH, vs THE STATE OF KARNATAKA,

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HC-KAR
NC: 2026:KHC:55972-DB
WP No. 31587 of 2026
CNR: KAHC010698182026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 7 DAY OF OCTOBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE S.G.PANDIT
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
WRIT PETITION NO. 31587 OF 2026 (S-KSAT)
BETWEEN:
SRI S. R. JAYAPRAKASH,
S/O. LATE S. G. RAMAIAH,
AGED ABOUT 53 YEARS,
WORKING AS ASSISTANT EXECUTIVE ENGINEER,
OFFICE OF THE COMMISSIONER,
YOUTH EMPOWERMENT AND
SPORTS DEPARTMENT,
NRUPATHUNGA ROAD,
K. R. CIRCLE,
BENGALURU - 560 002.
RESIDING AT NO.39/A,
SRI M. V. LAYOUT, 6TH CROSS,
9TH BLOCK EXTENSION,
NAGARBHAVI, MALATHALLI,
BENGALURU - 560 056
…PETITIONER
(BY SRI. PRITHVEESH M. K., ADVOCATE)
Digitally signed
by AASEEFA
PARVEEN
Location: HIGH
COURT OF
KARNATAKA
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF PUBLIC WORKS (SERVICES-A),
VIKASA SOUDHA,
BENGALURU - 560 001.

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HC-KAR
NC: 2026:KHC:55972-DB
WP No. 31587 of 2026
CNR: KAHC010698182026
2. THE STATE OF KARNATAKA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF YOUTH
EMPOWERMENT AND SPORTS,
M. S. BUILDING,
BENGALURU - 560 001.
3. THE COMMISSIONER,
DEPARTMENT OF YOUTH EMPOWERMENT
AND SPORTS, NRUPATHUNGA ROAD,
K. R. CIRCLE,
BENGALURU- 560 001.
4. SRI SANJEEVA KUMARA NAYAK,
FATHER'S NAME NOT KNOWN
TO THE PETITIONER, MAJOR,
WORKING AS
ASSISTANT EXECUTIVE ENGINEER (RULE 32),
OFFICE OF THE PRINCIPAL SECRETARY,
DEPARTMENT OF HEALTH
AND FAMILY WELFARE SERVICES,
VIKASA SOUDHA, BENGALURU - 560 001.
…RESPONDENTS
(BY SRI. MANMOHAN P.N., ADVOCATE FOR
SRI. RAVIKIRAN P. PAWAR, ADVOCATE FOR R4;
SRI. VIKAS ROJIPURA, AGA FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA, PRAYING TO CALL FOR
RECORDS FROM THE RESPONDENTS, ISSUE A WRIT OR ORDER
SETTING ASIDE THE IMPUGNED ORDER DATED 24.09.2026
PASSED BY THE HONBLE KARNATAKA STATE ADMINISTRATIVE
TRIBUNAL AT BENGALURU IN APPLICATION No. 3244/2026
(ANNEXURE-A) AND CONSEQUENTLY ALLOW THE SAID
APPLICATION No. 3244/2026 AS PRAYED FOR (ANNEXURE-C)
AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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HC-KAR
NC: 2026:KHC:55972-DB
WP No. 31587 of 2026
CNR: KAHC010698182026
CORAM: HON'BLE MR. JUSTICE S.G.PANDIT
and
HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.G.PANDIT)
The Petitioner unsuccessful applicant before the
Karnataka State Administrative Tribunal is before this
Court challenging the order dated 24.09.2026 in
Application No.3244/2026, whereunder the petitioner's
prayer to quash the notification dated 15.07.2026
(Annexure-A6) handing over the services of respondent
No.4 to the Department of Youth Empowerment and
Sports for posting him as Assistant Executive Engineer in
place of petitioner without providing any posting to the
petitioner, is rejected.
2. Brief facts of the case are that:
a. The petitioner and respondent No.4 belong to
the Public Works Department (PWD). It is stated that the
petitioner holds the post of Assistant Executive Engineer

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HC-KAR
NC: 2026:KHC:55972-DB
WP No. 31587 of 2026
CNR: KAHC010698182026
substantively whereas respondent No.4 holds the same
post under Rule 32 of the Karnataka Civil Services Rules
(KCSRs). The petitioner was deputed to work as an
Assistant Executive Engineer in the Department of Youth
Empowerment and Sports, Bengaluru, vide notification
dated 15.07.2024, and it is stated the he was given re-
posting on 24.09.2024. He is said to have reported on
25.09.2024. Subsequently, by a notification dated
04.12.2024, he was posted as an Assistant Director in the
same Department, which is said to be equivalent post.
However, again he was posted as an Assistant Executive
Engineer in the Department of Youth Empowerment and
Sports under order dated 12.03.2026 where he is stated
to have reported for duty on 17.03.2026. Under impugned
notification dated 15.07.2026 services of respondent No.4
were handed over to the Department of Youth
Empowerment and Sports for posting him as Assistant
Executive Engineer in place of petitioner.

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WP No. 31587 of 2026
CNR: KAHC010698182026
b. Subsequently, under notification dated
10.09.2026 (Annexure-J), the petitioner is provided with a
posting on withdrawing his services from the Youth
Empowerment and Sports Department as Assistant
Executive Engineer to PWD Department, DMF/KMERC Sub-
division, Bellari. It is also to be noticed that the Tribunal
taking note of the facts stated by the petitioner granted
interim order of stay of the impugned notification dated
15.07.2026 on 22.07.2026 initially. However, the Tribunal
by subsequent order dated 07.09.2026, vacated the
interim order observing that material documents have not
been produced at the time of granting the interim order.
3. The Tribunal, while dismissing the application
under impugned order, observed that the deputationist
has no right to seek continuance of his service and also
further held that when the parent department has
withdrawn his services, the question of posting a person
under Rule 32 cannot be questioned. Aggrieved by the

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WP No. 31587 of 2026
CNR: KAHC010698182026
said order, the petitioner is before this Court in this writ
petition.
4. Heard learned counsel Sri M.K.Prithveesh for
the petitioner, learned AGA Sri Vikas Rojipura for
respondents Nos.1 to 3 as well as learned counsel
Sri Manmohan.P.N for learned counsel Sri Ravikiran P
Pawar for caveator/respondent No.4. Perused the entire
writ petition papers.
5. Learned counsel Sri M.K. Prithveesh would
submit that the Tribunal committed a grave error in
dismissing the application without considering the grounds
raised by the petitioner. Learned counsel for the petitioner
would urge that withdrawing his services from Youth
Empowerment and Sports is premature as on the date of
withdrawing his service under notification dated
15.07.2026; the withdrawal is without the approval of
Chief Minister; the respondents could not have posted
respondent No.4 in place of the petitioner since he is a

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WP No. 31587 of 2026
CNR: KAHC010698182026
holder of Assistant Executive Engineer post under Rule 32;
the Cadre and Recruitment (C&R) Rules requires posting of
an Assistant Executive Engineer holding equivalent post,
as respondent No.4 does not substantively hold the post of
Assistant Executive Engineer could not have been posted.
6. Lastly, learned counsel submitted that as on the
date of impugned notification dated 15.07.2026, the
petitioner was not provided with posting. On the other
hand, he would submit that subsequently, under
notification dated 10.09.2026 (Annexure-J), the petitioner
is provided with posting at Ballari. Further, he would
submit that the petitioner services are withdrawn from the
deputed Department and he has no right to continue after
withdrawal of his service from the deputed Department.
Further, learned counsel would submit that the petitioner
has no locus to challenge the posting of respondent No.4
once the petitioner's services are withdrawn.

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WP No. 31587 of 2026
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7. Learned AGA Sri Vikas Rojipura would submit
that the petitioner has completed his tenure and therefore,
his services are withdrawn. Further, he would submit that
since respondent No.4 is holding the post of Assistant
Executive Engineer, it cannot be said that he is not a
holder of the post of Assistant Executive Engineer. Learned
AGA also would submit that as the withdrawal of services
of the petitioner and posting of respondent No.3 took place
during the general transfer period, the approval of Chief
Minister would not be necessary. Thus, he would pray for
dismissing the writ petition.
8. Having heard the learned counsel for the parties
and on perusal of the entire writ petition papers, we are
not inclined to interfere with the order passed by the
Tribunal. However, we direct respondent No.1 to examine
as to whether an Assistant Executive Engineer who is
under Rule 32 could be posted as Assistant Executive
Engineer in terms of the C & R Rules of the Youth
Empowerment and Sports Department since it prescribes

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WP No. 31587 of 2026
CNR: KAHC010698182026
posting of Assistant Executive Engineer holder of an
equivalent post.
8. Admittedly, the petitioner's services were
handed over to the Youth Empowerment and Sports
Department by a notification dated 15.07.2024, and he
reported for duty on 25.09.2024. While the impugned
notification dated 15.07.2026 was issued, handing over
services of respondent No.4 in place of the petitioner, the
petitioner had completed nearly two years of his tenure.
As observed by this Court in many of the decisions, the
tenure cannot be measured by mathematical precision.
Therefore, the ground of premature would not be available
to the petitioner in terms of the transfer guidelines for the
year 2026-2027.
9. Further, the withdrawal of the deputation and
handing over of services of respondent No.4 to Youth
Empowerment and Sports Department is during the
general transfer period. It would not be necessary to get

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WP No. 31587 of 2026
CNR: KAHC010698182026
the approval of Chief Minister. Therefore, the said ground
is also not available. With regard to posting of Rule 32
official as an Assistant Executive Engineer of the Youth
Empowerment and Sports Department shall have to be
examined by the Department. The C & R Rules of the
Youth Empowerment and Sports Department notified
under notification dated 27.06.2024 insofar as the post of
Assistant Executive Engineer reads as follows :
" By promotion from the cadre of Assistant Executive
Engineer of Youth services.
Provided if no suitable official is available for
promotion from the cadre of Assistant Engineer then
by deputation of an official in an equivalent cadre
from the Department of Public Works."
10. In light of the above C&R Rules, the first
respondent is required to examine whether a person
holding the post of Assistant Executive Engineer under
Rule 32 can be considered as holding an "equivalent
cadre" of Assistant Executive Engineer to depute. This

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exercise shall be completed within one month from today.
Till then, respondent No.4 shall not be disturbed if he has
already reported for duty at the Department of Youth
Empowerment and Sports.
11. With these observations, the writ petition
stands disposed of .
Sd/-
(S.G.PANDIT)
JUDGE
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
NS,DS
CT:TSM
List No.: 2 Sl No.: 2