DR MOHAMED HUSEN S vs STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:57326-DB
WP No. 26406 of 2026
CNR: KAHC010588392026
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. 26406 OF 2026 (S-KSAT)
BETWEEN:
DR. MOHAMED HUSEN S.,
AGED ABOUT 59 YEARS,
S/O. LATE SRI. S.M. SULTHAN SAB,
R/AT. BOCHAPURA VILLAGE,
ALURU POST, HIRIYUR TALUK,
CHITRADURGA DISTRICT - 577 598.
…PETITIONER
(BY SRI. R. B SADASIVAPPA, ADVOCATE)
AND:
Digitally signed
by AASEEFA
PARVEEN
Location: HIGH
COURT OF
KARNATAKA
1.
STATE OF KARNATAKA
REP. BY PRINCIPAL SECRETARY,
DEPARTMENT OF ANIMAL HUSBANDRY AND
VETERINARY SERVICES AND FISHERIES,
M.S. BUILDING,
BENGALURU - 560 001.
2. THE UNDERSECRETARY,
DEPT. OF ANIMAL HUSBANDRY AND FISHERIES,
M.S. BUILDING,
BENGALURU - 560 001.
3. DR. C.S. RAMESH,
CHIEF VETERINARY OFFICER,
VETERINARY DISPENSARY,
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WP No. 26406 of 2026
CNR: KAHC010588392026
GANADALU, CHIKKANAYAKANAHALLI TALUK,
TUMAKURU DISTRICT - 572 218.
NOW WORKING AT VETERINARY HOSPITAL,
HIRIYUR TALUK,
CHITRADURGA DISTRICT - 577598.
…RESPONDENTS
(BY SRI. VIKAS ROJIPURA, AGA FOR R1 AND R2;
SRI. KRISHNA B., ADVOCATE FOR R3)
THIS WP IS FILED PRAYING TO1.ISSUE WRIT IN THE
NATURE OF CERTIORARI AND BE PLEASED TO QUASH THE
IMPUGNED ORDER DATED 13/08/2026 PASSED BY THE
KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU
IN APPLICATION NO.2706/2026 ISSUED BY THE 2ND
RESPONDENT WITH REFERENCE TO THE PETITIONER AT
SL.NO.21 VIDE ANNEXURE-A BEARING NO.AHF/175/VET/2026.
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 DR. JUSTICE CHILLAKUR SUMALATHA
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.G.PANDIT)
The petitioner unsuccessful applicant before the
Tribunal is before this Court in this writ petition
questioning the order dated 13.08.2026 in Application No.
2706/2026 passed by the Karnataka State Administrative
Tribunal, Bengaluru (for short 'the Tribunal') whereunder,
the petitioner's prayer to quash the order of transfer dated
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WP No. 26406 of 2026
CNR: KAHC010588392026
27.05.2026 (Annexure-A1) insofar as petitioner and
respondent No.3 are concerned rejected.
2. Heard learned counsel Sri.R.B.Sadasivappa for
the petitioner, learned AGA Sri.Vikas Rojipura for
respondent Nos.1 and 2 and learned counsel Sri.Krishna.B
for respondent No.3. Perused the entire writ petition
papers.
3. Learned counsel Sri.R.B.Sadasivappa for the
petitioner would submit that the petitioner was posted to
work as Chief Veterinary Officer, Veterinary Hospital,
Hiriyur, Chitradurga District by transfer notification dated
31.07.2023. Further learned counsel would submit that
the petitioner would retire from service on attaining the
age of superannuation on 30.06.2027 and he submits that
the petitioner as on this date has less than one year
service. Under impugned notification dated 27.05.2026
respondent No.3 who was working as Chief Veterinary
Officer, Veterinary Hospital, Ganadalu,
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CNR: KAHC010588392026
Chikkanayakanahalli Taluk was transferred and posted in
place of the petitioner and petitioner was posted to
Ganadalu, Chikkanayakanahalli Taluk. Questioning the said
order of transfer, the petitioner was before the Tribunal in
Application No.2706/2026 contending that the respondent-
State while issuing the transfer notification has failed to
provide benefit available to a Government servant who
would retire within 2 years and to grant protection under
the transfer guidelines. Learned counsel would submit that
since the petitioner was to retire within another 1 year,
the respondent-State ought to have considered the
continuation of petitioner at Hiriyur instead of transferring
him to a remote area like Ganadalu, Chikkanayakanahalli.
Further learned counsel would submit that the petitioner
suffers from health issues and for his health issues he
needs to be continued at Hiriyur. He would further submit
that no medical facilities are available at Ganadalu,
Chikkanayakanahalli Taluk. It is submitted that the
Tribunal failed to appreciate the contention raised by the
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petitioner by saying that clause 8(1) of the transfer
guidelines is not mandatory as the word 'may' is used
which is wholly unreasonable. Learned counsel for the
petitioner would submit that under clause 8(1) of the
transfer guidelines the respondent-State is obliged to
consider the request of a Government servant who would
be retiring within another 2 years before effecting transfer.
Thus, he would pray for allowing the writ petition.
4. Learned AGA would submit that a Government
servant who would retire within another two years cannot
claim as a matter of right to continue in the same place.
Further on instruction he would submit that medical
facilities are provided at Ganadalu, Chikkanayakanahalli
Taluk. Further he would submit that the petitioner has
already reported to duty at transferred place on
08.06.2026.
5. Learned counsel Sri.Krishna.B for respondent
No.3 would support the submission of learned Government
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advocate and would further submit that the petitioner has
completed his tenure at Hiriyur and he has no right to
continue at Hiriyur. Thus he submits that the State has
rightly transferred the petitioner from Hiriyur to
Chikkanayakanahalli, a nearby place. Thus, he would pray
for dismissal of the writ petition.
6. The transfer and postings of the Government
servants in the State of Karnataka for the year 2026-2027
is governed by guidelines laid down under Government
order dated 13.04.2026. Clause 8(1) of the Government
order reads as follows:
8
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WP No. 26406 of 2026
CNR: KAHC010588392026
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7. Clause 8(1) empowers the State Government to
extend or curtail tenure of a Government servant in a
place of posting if such Government servant who would be
retiring within another 2 years by recording reasons. It
cannot be said that when a request is made by a
Government servant who would be retiring within two
years to extend or to curtail the tenure at a place of
posting, the State or Government is obliged to consider his
representation in the light of Clause 8(1) of Government
order dated 13.04.2026. No such representation was made
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CNR: KAHC010588392026
by the petitioner before the transfer notification was
issued.
8. Admittedly, the petitioner has completed his
tenure at Hiriyur and the petitioner is holding group 'A'
post. Persons holding group 'A' posts are provided with
minimum tenure of 2 years. Since the petitioner was
posted to the said place on 31.07.2023, by the time
transfer notification dated 27.05.2026 was issued the
petitioner had completed nearly 3 years of service at
Hiriyur. Be that as it may. The petitioner contended that
the Tribunal failed to appreciate his contention that the
petitioner would retire within 2 years and the respondent-
State ought to have considered his request for
continuation of service at Hiriyur that too on medical
grounds. The said representation was not before the State
to consider the same.
9. In the light of the above, the petitioner is
directed to submit a representation seeking protection
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WP No. 26406 of 2026
CNR: KAHC010588392026
under clause 8(1) of Government order dated 13.04.2026
by enclosing medical certificates within one week from
today and if such representation is made, respondent No.1
shall pass appropriate order taking note of clause 8(1) of
Government order dated 13.04.2026 within two weeks
from the date of receipt of the representation and provide
appropriate posting to the petitioner.
With the above observation, the writ petition stands
disposed of .
Sd/-
(S.G.PANDIT)
JUDGE
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
NS
CT:TSM
List No.: 1 Sl No.: 13