Karnataka High Court
The Principal Secretary To Government ... vs Vijaykumar on 29 October, 2025
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
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NC: 2025:KHC-K:6358-DB
WP No. 202140 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 29TH DAY OF OCTOBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
WRIT PETITION NO.202140 OF 2023 (S-KAT)
BETWEEN:
1. THE PRINCIPAL SECRETARY TO GOVERNMENT,
DEPARTMENT OF ANIMAL HUSBANDRY AND
VETERINARY SERVICES,
NO.405, ANIMAL HUSBANDRY DEPT.,
4TH FLOOR,
VIKASA SOUDHA,
BENGALURU - 560 001.
Digitally signed by
RAMESH 2. THE COMMISSIONER,
MATHAPATI
Location: HIGH
DEPARTMENT OF ANIMAL HUSBANDRY
COURT OF AND VETERINARY SERVICES,
KARNATAKA
ANIMAL HUSBANDRY,
BELLARY ROAD,
HEBBAL,
BENGALURU - 560 009.
3. THE COMMISSIONER,
DEPARTMENT OF ANIMAL HUSBANDRY
AND VETERINARY SERVICES,
ANIMAL HUSBANDRY,
BEHIND DISTRICT LIBRARY,
JANWADA ROAD,
BIDAR - 585 403.
...PETITIONERS
(BY SRI. VIRANAGOUDA M. BIRADAR, AGA)
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WP No. 202140 of 2023
HC-KAR
AND:
SRI. VIJAYKUMAR
S/O. SRI. DATTURAO MANKERE,
AGE: 58 YEARS,
SENIOR VETERINARY INSPECTOR,
VETERINARY DISPENSARY,
CHIMKOD,
BIDAR TQ. AND DISTRICT,
R/O. H.NO.9-4-160,
VIVEKANANDA NAGAR,
CHIDRI ROAD, BIDAR - 585 403.
...RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO (1)
ISSUED A WRIT OF CERTIORARI OR ANY OTHERS WRIT OF THE
NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT
OR ORDER OR DIRECTION TO QUASH THE ORDER PASSED BY
THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT
KALABURAGI IN APPLICATION NO.20288/2022 DATED
16.08.2022 VIDE ANNEXURE - C TO THE PETITION AND
DISMISSED THE APPLICATION NO.20288/2022.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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WP No. 202140 of 2023
HC-KAR
CORAM: HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
ORAL ORDER
(PER: HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD) Though this matter is posted for compliance of office objection, with the consent of both the parties, this matter is taken up for final disposal.
2. Heard the learned Additional Government Advocate.
3. This petition is filed challenging the order dated 16.08.2022 passed by the Karnataka State Administrative Tribunal, Kalaburagi in Application No.20288/2022, whereby the petitioner's prayer to treat the period from 22.07.2019 to 12.07.2020 as a compulsory waiting period was allowed in part. The period from 22.07.2019 to 10.01.2020 is treated as a compulsory waiting period for posting, and the petitioner is entitled to all monetary benefits.
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4. The brief facts of the case are that the applicant, while working as a Veterinary Inspector at the Veterinary Dispensary, Sirsi, Bidar Taluk and District, was transferred vide order dated 24.08.2018 (Annexure-A1) to the Hallikhed Veterinary Hospital, Humnabad Taluk, on 'Mutual Transfer' with one Shri Satish Reddy. The applicant challenged the transfer order before the Karnataka Administrative Tribunal in Application No. 6680/2018. Vide order dated 30.08.2018, the Tribunal granted an order of status-quo. In view of that, the applicant/respondent continued to work at Sirsi, Bidar. In the meantime, vide order dated 17.07.2019, Sri Satish Reddy was posted to the place of the applicant/respondent without there being any order of transfer in respect of the respondent. The applicant submitted a representation dated 18.07.2019, stating that, as far as the transfer of the applicant is concerned, the matter is pending before the Karnataka Administrative Tribunal (KAT). Since there was no response to the said representation, the applicant submitted a fresh application. Applicant once again -5- NC: 2025:KHC-K:6358-DB WP No. 202140 of 2023 HC-KAR approached this Tribunal in Application No.A4409/2019, the Karnataka State Administrative Tribunal by order dated 22.07.2019 has granted Status-quo. In the meantime, the applicant has been relieved from the post of Veterinary Inspector, Sirsi. Since the case was pending before the KAT and no posting was given to the applicant, he did not report for duty. The said period was treated as unauthorized absence, and a departmental enquiry was initiated. Therefore, the applicant approached the KAT seeking to treat the period from 22.07.2019 to 12.07.2020 as a compulsory waiting period. From 27.07.2019 to 10.01.2020, there was a status-quo order, and the posting was not given to the applicant. Therefore, the Tribunal rightly treated the period from 22.07.2019 to 10.01.2020 as a period of compulsory waiting for posting. For the period from 11.01.2020 to 12.07.2020 Tribunal has rejected the period treating as a compulsory waiting period. There is no error or illegality in the order passed by the Tribunal. The Tribunal has given a clear finding with respect to treating the period from 22.07.2019 to -6- NC: 2025:KHC-K:6358-DB WP No. 202140 of 2023 HC-KAR 10.01.2020 as a compulsory waiting period. The relevant paragraphs 5 and 6 read as under:
"5. The applicant was accorded a posting at Malla B vide order dated 10-01-2020 which the applicant did not join alleging ill health. Subsequently, he has been given a posting vide order dated 10.07.2020 at Chimkod where he reported on 13-07-2020. In this regard, the applicant is facing disciplinary proceedings vide show cause notice issued to him dated 6- 04-2021 alleging that he has remained absent unauthorisedly in the period from 10-01-2020 to 12-07-2020, the applicant has reportedly replied to the charges dated 28-04-2021 and there is no order of the competent authority in this regard. Since the regularisation of the period from 10- 01-2020 to 12-07-2020 is subject matter of disciplinary proceedings which are not impugned in this application, we decline to the prayer for consideration of the regularisation of this period until after the disciplinary authority has considered the same. However, since the applicant has not served at the place of posting to which he was posted for reasons which are the subject matter of disciplinary proceedings against him, the question of treating the period from 11.01.2020 to 12.07.2020 as period spent on compulsory waiting is untenable since the applicant had been accorded a posting and it is the applicant who has for reasons which are to -7- NC: 2025:KHC-K:6358-DB WP No. 202140 of 2023 HC-KAR be considered in the disciplinary proceedings initiated against him, not served at the place of posting. The applicant cannot take advantage of his default and the claim for the said period to be treated as period spent on compulsory waiting for posting is untenable on facts.
6. In view of the discussions above, the application is partly allowed and the period from 22-07-2019 to 10-01-2020 shall be treated as period spent on compulsory waiting for posting and the applicant shall be entitled to his pay and emoluments for this period. The prayer to regularise the period from 11-01-2020 to 12-07- 2020 as compulsory waiting is untenable on facts and is rejected."
5. In view of the above, the petitioner has not made out any ground for interference by this Court. Accordingly, we decline to interfere with the order passed by the KAT. The writ petition is, therefore, dismissed.
Sd/-
(H.T.NARENDRA PRASAD) JUDGE Sd/-
(TYAGARAJA N. INAVALLY) JUDGE SMP List No.: 1 Sl No.: 4 CT: SB