Shri Iranna S/O Rayappa Karadi v. The State of Karnataka

NC:(2026:KHC-D:1650-DB( WP(No.(100635(of(2026( ( , ,,HC-KAR( ( IN(THE(HIGH(COURT(OF(KARNATAKA,(AT(DHARWAD(

THDATED(THIS(THE(5 (DAY(OF(FEBRUARY,(2026(

PRESENT(

THE(HON'BLE(MR.(JUSTICE(M.I.ARUN(

(AND(( (THE(HON'BLE(MR.(JUSTICE(B.(MURALIDHARA(PAI( WRIT(PETITION(NO.(100635(OF(2026((S-KAT)( BETWEEN:(( ( SHRI,IRANNA,S/O,RAYAPPA,KARADI,, AGE.,35,YEARS,,OCC.,WORKING,AS, VILLAGE,ADMINISTRATIVE,OFFICER,, AT:,KITTUR,,DIST.,BELAGAVI-591,115,, R/O.,AT,POST:,KALABHAVI,,

TQ.,KITTUR,,DIST.,BELAGAVI-591,115., …,PETITIONER, (BY,SRI,M.S.,BHAGWATH,,SENIOR,ADVOCATE,FOR,, ,,,,,,SRI,SABEEL,AHMED,DARVESHU,,ADVOCATE,, ,,,,,,APPEARED,THROUGH,V.C.),

, AND:( (

1., THE,STATE,OF,KARNATAKA,, REP.,BY,REVENUE,SECRETARY,,

BENGALURU-590,001., , Digitallytisigned 2., DEPUTY,COMMISSIONER,, by0V0N0BADIGER Location:0HIGH BELAGAVI-590,001., COURT0OF KARNATAKA , DHARWAD BENCH 3., THE,TAHASILDAR,, KITTUR,,DIST.,BELAGAVI-591,102., …,RESPONDENTS, (BY,SRI,G.K.,HIREGOUDAR,,PGA,,ACCEPTS,NOTICE,FOR,R1,TO,R3), , , THIS,WRIT,PETITION,IS,FILED,UNDER,ARTICLES,226,AND,227, OF,THE,CONSTITUTION,OF,INDIA,,PRAYING,TO,WRIT,OF,CERTIORARI, OR, ANY, OTHER, ORDER, OR, DIRECTION, QUASHING, THE, IMPUGNED, ORDER, DATED, 27.01.2026, PASSED, BY, KARNATAKA, STATE, ADMINISTRATIVE, TRIBUNAL, AS, PER, ANNEXURE-B, IN, APPLICATION, NO.10128/2026,IN,THE,INTEREST,OF,JUSTICE,AND,EQUITY,AND,ETC., ,

THIS WRIT PETITION IS COMING ON PRONOUNCEMENT AND THE SAME HAVING BEEN HEARD AND RESERVED FOR ORDER ON

30.01.2026, THIS DAY, B. MURALIDHARA PAI J., MADE THE FOLLOWING:

CORAM: THE HON'BLE MR. JUSTICE M.I.ARUN AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI

CAV ORDER (PER: THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI)

¶1The applicant in Application No.10128/2026 before the Karnataka State Administrative Tribunal, Belagavi (in short 'KAT') has maintained this petition praying for a Writ of Certiorari or any other order or direction, quashing the impugned order dated 27.01.2026 passed therein and to issue any other appropriate writ or order or direction which deems fit to grant by this Court in the facts and circumstances of the case.

¶2The applicant is a permanent government servant working as Village Administrative Officer in the Revenue Department, presently posted at Kitturu in Belagavi District. He is the President of the Karnataka State Government Employees Association, Taluka Unit Channamma Kitturu (in short, 'the Association') for the period 2024 to 2029. On 14.12.2025, Respondent No. 2 issued an order deputing the applicant to Shinnur Village in Nippani Taluk for a period of one year with

immediate effect. Aggrieved by this, the applicant approached the KAT praying to quash the deputation order. In the said proceeding he also sought interim protection by staying the operation of the deputation order. The KAT, vide its order dated

27.01.2026, declined interim relief mainly on the ground that the transfer guidelines for 2025-26 were not applicable to deputation and directed issuance of emergent notice to the Respondents. In these circumstances, the applicant has approached this Court.

¶3Admittedly, the Government of Karnataka issued guidelines for the transfer of government servants during 2025-26 vide G.O.No.Si.Aa.Su.E.14 Se.Nou.Va 2025, Bengaluru dated

12.05.2025. Guideline No.8(5) stipulates that if a government servant is an office-bearer of the Karnataka State Government Employees Association, he shall not be transferred until the end of his term of office. Undisputedly, the applicant was elected President of the Karnataka State Government Employees Association, Taluka Unit Channamma Kitturu on 28.10.2024, with tenure from 2024 to 2029. Thus, based on the aforesaid Government Order, the applicant enjoys immunity from transfer till the end of his term as President of the Association.

¶4The order dated 14.12.2025 passed by Respondent No. 2 reads as follows: : DzÉñÀ : NzÀ¯ÁzÀgÀrAiÀÄ°è ²æà FgÀtÚ PÀgÀr, UÁæªÀÄ DqÀ½vÀ C¢üPÁj vÀºÀ²Ã¯ÁÝgÀ PÁAiÀiÁð®AiÀÄ QvÀÆÛgÀzÀ°è PÁAiÀÄð¤ªÀð»¸ÀÄwÛzÀÄÝ, ¸ÀzÀjAiÀĪÀgÀ£ÀÄß f¯ÉèAiÀÄ ¨ÉÃgÉ vÁ®ÆQUÉ ¤AiÉÆÃd£É ªÉÄÃ¯É ¤AiÉÆÃf¸ÀĪÀAvÉ PÉÆÃjgÀÄvÁÛgÉ. ªÀiÁ£Àå ±Á¸ÀPÀgÀÄ, ZÉ£ÀߪÀÄä£À QvÀÆÛgÀ «zsÁ£À¸À¨sÁ PÉëÃvÀæ gÀªÀgÀ PÉÆÃjPÉAiÀÄ ¥ÀæAiÀÄPÀÛ ¸ÁªÀðd¤PÀ ºÁUÀÆ DqÀ½vÀzÀ »vÀzÀȶ׬ÄAzÀ ²æà FgÀtÚ PÀgÀr, UÁæªÀÄ DqÀ½vÀ C¢üPÁj vÀºÀ²Ã¯ÁÝgÀ PÁAiÀiÁð®AiÀÄ QvÀÆÛgÀ EªÀgÀ£ÀÄß ¤¥ÁठvÁ®ÆQ£À PÉÆ£ÀÄßgÀ ¸ÁeÁUÉ MAzÀÄ ªÀµÀðzÀ CªÀ¢üUÉ ªÀiÁvÀæ ¤AiÉÆÃd£À ªÉÄÃ¯É (PÁAiÀÄðxÀæðªÀåªÀ¸ÉÜAiÀÄ) ¤AiÉÆÃf¹ DzÉò¹zÉ. F DzÉñÀ vÀPÀët¢AzÀ eÁjUÉ §gÀĪÀÅzÀÄ. ¸À»/- f¯Áè¢üPÁjUÀ¼ÀÄ, ¨É¼ÀUÁ« f¯Éè,

¶5A plain reading of the above extract shows that Respondent No. 2 passed the order at the request of the MLA of Channamma Kitturu Assembly Constituency stating it to be in the interest of the general public and for proper administration. The order further specifies that the deputation is for one year with immediate effect. Further, the record shows that the KAT declined interim protection to the applicant on the ground that

the government guidelines for transfer of government servants for 2025-26 were inapplicable to deputation orders.

¶6Sri M.S. Bhagawan, learned Senior Counsel appearing for Sri Sabeel Ahmed Darveshu, learned Advocate for the Petitioner, relying on the decision in Sri U.D. Krishnakumar Vs The Director General and Inspector General of Police and Others [W.P. No. 22550/2025 (S-KSAT) DD 24.09.2025], vehemently submitted that the transfer guidelines dated

12.05.2025 apply even to deputation orders, as they involve movement of a government servant from one headquarters to another. He urged that the deputation violates the G.O. dated

12.05.2025, entitling the applicant to interim protection pending disposal of his application before the KAT, as the materials prima facie disclose violation of binding transfer guidelines.

¶7Per contra, Sri G.K. Hiregoudar, learned Principal Government Advocate, strenuously submitted that the impugned order is merely a deputation order passed by Respondent No. 2 in view of administrative exigencies and public interest. He contended that it cannot be termed a transfer and does not violate the transfer guidelines.

¶8In the aforesaid decision, the Co-ordinate Bench of this Court considered whether the General Transfer Guidelines dated 25.06.2024 applicable to order of deputation. While answering this, the Court held as under: "18. A combined reading of the above would mean that unless there is a change of office or change of headquarters, transfer or deputation would not take place. Deputation is nothing but transfer; however, it would be from one department to another department.

¶19In the light of the above discussion, we are of the considered view that the transfer guidelines laid down under the Government Order dated

25.06.2024 and subsequent Government Order dated 12.05.2025 would be applicable to cases of deputation also, subject to Rule 50 of KCSRs and relevant Government Orders issued from time to time governing deputation of government servants."

¶9The facts and circumstances narrated above prima facie indicate that the deputation/transfer of the applicant from his present posting at Kitturu to Shinnur Village in Nippani Taluk disregards the transfer guidelines in G.O.No.Si.Aa.Su.E.14 Se.Nou.Va 2025, Bengaluru dated 12.05.2025. The impugned action by Respondent No. 2 being ex facie contrary to these guidelines, and the balance of convenience overwhelmingly favouring the applicant, denial of interim protection pending

disposal of his application before the KAT would render it infructuous.

¶10In the result, this Court proceeds to pass the following: ORDER

i) The writ petition is allowed.

ii) The operation and execution of Order No. Kra. Kumsha/ Sibbandi-03/viva-13/2025-26 dated

14.12.2025 issued by Respondent No. 2 is stayed pending disposal of Application No. 10128/2026 before the Karnataka State Administrative Tribunal, Belagavi.

iii) The Karnataka State Administrative Tribunal, Belagavi is directed to dispose of Application No. 10128/2026 at the earliest. Sd/- (M.I.ARUN) JUDGE

Sd/- (B. MURALIDHARA PAI) JUDGE

Vb/- CT:BCK