Dismissed¶48

Akash Kamble v. the State of Karnataka

Karnataka HC3 Sept 2025WP/7440/2025

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; WP No. 7440 of 2025 (S-RES); single bench of Justice H.T. Narendra Prasad; decision dated 03.09.2025. Keywords: transfer of government servant; mutual transfer request refused; compassionate appointment; Second Division Assistant (SDA); Ayush Department / Ayush Hospital; transfer order dated 27.02.2025 (Annexure-D) moving petitioner from Shivamogga to Gadag; no vacancy at Hubli Ayush Hospital after Smt.Bharathi's retirement (post filled); Article 226 writ dismissed with liberty to apply for future mutual transfer; State transfer policy; employee transfer challenge.

What did the court decide?

No change to the transfer order; liberty reserved to the petitioner to submit an application if he finds any mutual transfer. ¶48

Akash Kamble Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:34527 WP No. 7440 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 7440 OF 2025 (S-RES)

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BETWEEN:

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AKASH KAMBLE

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S/O. SHANKAR TUKARAM KAMBLE, AGED ABOUT 30 YEARS, OCC SDA, AYUSH DEPARTMENT, AYUSH OFFICE, SHIVAMOGA DIST.-577201.

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…PETITIONER

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(BY SMT. PAVANA NADAGOUDA PATIL, ADVOCATE FOR SRI. MALIPATIL P S., ADVOCATE)

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AND:

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Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA

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THE STATE OF KARNATAKA BY IT'S PRL. SECRETARY,

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HEALTH AND FAMILY WELFARE DEPARTMENT, MS BUILDING, BENGALURU-560001.

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THE DIST. AYUSH OFFICER, DIST. AYUSH OFFICE, SHIVAMOGA-577201.

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THE DIST. AYUSH OFFICER, DIST. AYUSH OFFICE, GADAG-582103.

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SMT. BHARATI. I. ALAGUNDIMATA SECOND DIVISION ASSISTANT

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NC: 2025:KHC:34527 WP No. 7440 of 2025

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HC-KAR

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AYURVEDIC MEDICAL COLLEGE AND HOSPITAL HUBBALLI. (AMMENDED AS PER ORDER DT:17.03.2025)

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…RESPONDENTS

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(BY SRI. SIDHARTH BABU RAO, AGA FOR R1 TO R3; R4-SERVICE OF NOTICE HELD SUFFICIENT)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DPÀÄPÀ284¦LJA2024, BENGALURU DTD. 27.02.2025 ISSUED BY THE R-1 (VIDE ANNX-D) IN SO FAR IT RELATES TO THE PETITIONER AT SI.NO.2.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

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ORAL ORDER

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This writ petition is filed under Article 226 of the Constitution of India, challenging the transfer order dated 27.02.2025 passed by respondent No.1 vide Annexure-D, whereby the petitioner has been transferred from Shivamogga to Gadag.

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The case of the petitioner is that he was appointed as Second Division Assistant on compassionate ground on

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NC: 2025:KHC:34527 WP No. 7440 of 2025

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HC-KAR

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10.02.2014 in Ayurveda Medical College, Shahpur, Belgaum. On 04.11.2016, he was transferred from Belgaum to District Ayush Office, Shivamogga. Thereafter, the petitioner requested to mutually transfer him to Hubli on the ground that one Smt.Bharathi, SDA from Ayush Hospital, Hubli, will retire from service on 31.03.2025, and her post at Hubli will be vacant. Therefore, the petitioner requested to consider his representation. Accordingly, the Director, Ayush Hospital, Anand Rao Circle, Bengaluru, has recommended through letter dated 08.11.2024 (Annexure-C) to the Principal Secretary, Health & Family Welfare, Bengaluru, to consider his request and to transfer him to Hubli. However, by impugned order dated 27.02.2025 (Annexure-D), the petitioner has been transferred from Shivamogga to Ayush Hospital, Gadag. Being aggrieved by the same, the present petition has been filed.

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Learned counsel appearing for the petitioner has

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submitted that even though there is a vacancy in Hubli in

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4 - NC: 2025:KHC:34527 WP No. 7440 of 2025

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HC-KAR

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view of the retirement of one Smt.Bharathi, the petitioner has been transferred to Gadag. Hence, she requests to modify the transfer order by transferring the petitioner to Hubli.

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Learned AGA, on instructions, has submitted that there is no vacancy in Hubli. In the place, where Smt.Bharathi retired, some other candidate has been transferred.

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Heard the learned counsel for the parties. Perused the writ petition papers.

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Since there is no vacant post in the Hubli Ayush Hospital, the petitioner's request for mutual transfer to Hubli cannot be granted. Therefore, there is no error or illegality in the impugned transfer order 27.02.2025 passed by respondent No.1 vide Annexure-D.

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NC: 2025:KHC:34527 WP No. 7440 of 2025

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HC-KAR

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