D R SHANKAR vs THE STATE OF KARNATAKA

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HC-KAR
NC: 2026:KHC:55896-DB
WP No. 30613 of 2026
CNR: KAHC010672982026
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. 30613 OF 2026 (S-KSAT)
BETWEEN:
D. R. SHANKAR,
S/O. LATE M.D. RAJU,
AGED ABOUT 58 YEARS,
WORKING AS EXECUTIVE ENGINEER,
QUALITY CONTROL DIVISION,
PANCHAYAT RAJ ENGINEERING
DEPARTMENT, ANANDARAO CIRCLE,
BENGALURU-560 009.
AND PERMANENTLY RESIDING AT:
NO.168, 1ST CROSS, SADASHIVANAGAR,
NELAMANGALA,
BENGALURU RURAL DISTRICT-562 123.
…PETITIONER
(BY SRI. RAGHAVENDRA G. GAYATRI, ADVOCATE)
Digitally signed by
AASEEFA PARVEEN
Location: HIGH
COURT OF
KARNATAKA
AND:
1. THE STATE OF KARNATAKA
REP. BY PRINCIPAL SECRETARY,
RURAL DEVELOPMENT AND
PANCHAYAT RAJ
M.S. BUILDINGS,
DR. AMBEDKAR VEEDHI,
BENGALURU - 560 001.

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HC-KAR
NC: 2026:KHC:55896-DB
WP No. 30613 of 2026
CNR: KAHC010672982026
2. THE CHIEF ENGINEER,
PANCHAYAT RAJ
ENGINEERING DEPARTMENT,
GRAMEENA ABHIVRUDHI BHAVANA,
ANANDA RAO CIRCLE,
BENGALURU - 560 009.
3. SRI. RAGHU M,
S/O MALLESHAPPA S.,
AGED ABOUT 41 YEARS,
WORKING AS EXECUTIVE ENGINEER
RURAL DRINKING WATER AND
DRAINAGE DIVISION KOLAR-563101.
NOW UNDER THE ORDER
OF TRANSFER TO EXECUTIVE ENGINEER,
OFFICE OF THE QUALITY
CONTROL DIVISION, PANCHAYAT RAJ,
ENGINEERING DEPARTMENT,
ANAND RAO CIRCLE,
BENGALUURU - 560 009.
…RESPONDENTS
(BY SRI. VIKAS ROJIPURA, AGA FOR R1 AND R2;
SRI. PRITHVEESH M.K., ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR
ORDER IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT
QUASHING THE IMPUGNED ORDER OF THE HONBLE TRIBUNAL
DATED 17.09.2026 IN APPLICATION No. 2727/2026 (VIDE
ANNEXURE-A) AND CONSEQUENTLY ALLOW THE APPLICATION
FILED AS PRAYED FOR, IN THE INTEREST OF JUSTICE AND
EQUITY.
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

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HC-KAR
NC: 2026:KHC:55896-DB
WP No. 30613 of 2026
CNR: KAHC010672982026
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.G.PANDIT)
The petitioner, unsuccessful applicant before the
Tribunal is before this Court in this petition, aggrieved by
the order dated 17.09.2026 in Application No.2727/2026
passed by the Karnataka State Administrative Tribunal,
Bengaluru (for short the 'Tribunal') whereunder, the
petitioner's prayer to quash the transfer notification dated
27.05.2026 posting third respondent in place of the
petitioner without any posting is rejected.
2. Brief facts of the case are that:
Both petitioner as well as respondent No.3 are in the
cadre of Executive Engineer belonging to Rural
Development and Panchayat Raj Department. The
petitioner is posted to work as Executive Engineer, Quality
Control Sub Division, Panchayat Raj Engineering
Department, Anandarao Circle, Bengaluru on 31.07.2024
and it is stated that he reported to duty on 18.10.2024. It

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HC-KAR
NC: 2026:KHC:55896-DB
WP No. 30613 of 2026
CNR: KAHC010672982026
is further stated that third respondent was working as
Executive Engineer at Panchayat Raj Engineering Sub
Division, Kolar since 14.08.2025 and even before he
completed his tenure at Kolar, he was posted to work as
Executive Engineer, Quality Control Division, Panchayat
Raj Engineering Department, Bengaluru in place of the
petitioner under notification dated 27.05.2026. Further it
is stated that the petitioner was not provided any posting
under the said notification. The said notification of posting
respondent No.3 in place of petitioner dated 27.05.2026
was the subject matter of above application. It is further
stated that the Tribunal passed interim order on
03.06.2026 not to relieve the petitioner from the post of
Executive Engineer, Quality Control Division, Panchayath
Raj Engineering Department, Bengaluru, till posting is
given to the petitioner. It is further stated that under
notification dated 16.09.2026 (Annexure-R1), the
petitioner is provided with posting as Executive Engineer,
Rural Drinking Water and Sanitation Division, Shivamogga,

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HC-KAR
NC: 2026:KHC:55896-DB
WP No. 30613 of 2026
CNR: KAHC010672982026
a vacant post. It is also submitted that notification dated
16.09.2026 which provides posting to the petitioner is the
subject matter of the application before the Tribunal in
Application No.4410/2026. The Tribunal, on hearing both
sides under impugned order rejected the prayer of the
petitioner to quash notification dated 27.05.2026 posting
respondent No.3 in his place on the ground that the
petitioner has almost completed his tenure and also on the
ground that posting is already provided to the petitioner.
3. Heard learned counsel
Sri.Raghavendra.G.Gayatri for the petitioner and learned
AGA Sri.Vikas Rojipura for respondent Nos.1 and 2 and
learned counsel Sri.Prithveesh.M.K for respondent No.3.
Perused the entire writ petition papers.
4. Learned counsel Sri.Raghavendra.G.Gayatri
would submit that the posting of third respondent under
notification dated 27.05.2026 in petitioners place as
Executive Engineer without providing any posting to the

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HC-KAR
NC: 2026:KHC:55896-DB
WP No. 30613 of 2026
CNR: KAHC010672982026
petitioner is opposed to the transfer guidelines. Further he
would submit that the posting of respondent No.3 is
without the approval of the Chief Minister. Learned counsel
would submit that as on the date of transfer notification
dated 27.05.2026 the petitioner has not completed his
tenure. Learned counsel would submit that the subsequent
posting notification dated 16.09.2026 is also not approved
by the Chief Minister and further he submits that as on the
date of providing posting by notification dated 16.09.2026
the petitioner has service of less than 2 years and he
would be entitled for the benefit of protection provided to
Government servants who are to be retired within 2 years.
Thus he would submit that the transfer and posting
notifications are contrary to the transfer guidelines.
Further learned counsel placing reliance on the decision of
the Co-ordinate Bench of this Court in WP
No.201273/2021 dated 06.07.2021 would submit that the
term or tenure shall be calculated as on the date of
transfer. Thus he would pray for allowing the writ petition.

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WP No. 30613 of 2026
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5. Learned AGA Sri.Vikas Rojipura would submit
that during the general transfer period approval of Chief
Minister would not be necessary and the transfer is
approved by the concerned Minister. It is also his
submission that the tenure cannot be measured by
mathematical precision and when the petitioner had
almost completed 2 years, the third respondent is posted
in his place. Further learned AGA would submit that as on
the date of posting third respondent, the petitioner had
more than 2 years of service.
6. Learned counsel Sri.M.K.Prithveesh would
submit that the petitioner as on this day has completed his
tenure of 2 years and he further submits that by virtue of
interim order dated 03.06.2026 passed by the Tribunal in
the above stated application, he had continued to work as
Executive Engineer till 16.09.2026. Thus he would submit
that the petitioner had almost completed his tenure.
Further learned counsel would also submit that the tenure
cannot be measured with by mathematical precision.

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NC: 2026:KHC:55896-DB
WP No. 30613 of 2026
CNR: KAHC010672982026
Further he would submit that the validity of notification
providing posting to the petitioner dated 16.09.2026 is
before the Tribunal in the pending application and he has
to urge the ground of non-approval of his posting by
competent authority as well as that he is to be provided
protection provided to a Government servant who would
retire within 2 years before the Tribunal. Thus, he would
pray for dismissal of the writ petition.
7. 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 impugned order passed
by the Tribunal for the following reasons:
The petitioner was posted to work as Executive
Engineer, Quality Control Division Panchayath Raj
Engineering Department, Bengaluru by notification dated
31.07.2024 and he reported to duty on 18.10.2024.
Though he had not completed his tenure as on the date of
posting of third respondent under notification dated

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HC-KAR
NC: 2026:KHC:55896-DB
WP No. 30613 of 2026
CNR: KAHC010672982026
27.05.2026 by virtue of interim order he continued to
work till 16.09.2026 which is not disputed by the
petitioner. As he continued till 16.09.2026 by virtue of
interim order, he had completed almost 2 years tenure
short of one month. As observed by this Court in many
decisions the tenure of official cannot be measured by
mathematical precision. Learned counsel for the petitioner
nextly contended that the posting of respondent No.3 in
his place is not approved by the Chief Minister. However, it
is noticed that posting of third respondent in place of
petitioner dated 27.05.2026 is during general transfer
period and during general transfer period, the concerned
ministry is empowered to effect transfers.
8. However, learned counsel
Sri.Raghavendra.G.Gayatri contended that subsequent
posting notification dated 16.09.2026 is not approved by
the competent authority and he ought to have been
provided protection provided to Government servant who
would retire within 2 years. It is an admitted fact that

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HC-KAR
NC: 2026:KHC:55896-DB
WP No. 30613 of 2026
CNR: KAHC010672982026
challenge to the said notification dated 16.09.2026 is
pending before the Tribunal in Application No.4410/2026.
Therefore, it is for the Tribunal to examine the said
contentions while considering the pending application. In
view of the above, we don't find any merit in the present
writ petition. It is open for the petitioner to urge the
grounds urged before this Court regarding challenge to
notification dated 16.09.2026 before the Tribunal. We are
sure that the Tribunal would consider those grounds and
pass appropriate orders.
With the above observation, the writ petition stands
rejected.
Sd/-
(S.G.PANDIT)
JUDGE
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
NS
CT:TSM
List No.: 1 Sl No.: 11