Disposed

Smt Asha Parveen K.A.S. (Junior Scale) v. the State of Karnataka

Karnataka HC22 Jul 2026WP/21530/2026

Case brief

AI extract

What is this about?

Challenge to an interim order refusing stay of a transfer notification; the High Court found no error in the Tribunal's discretionary order, directed it to examine the transfer's validity on merits without regard to assumption of charge, and to dispose of the application early.

What did the court decide?

Writ petition disposed of with directions to the Tribunal to decide the application expeditiously on merits.

Smt Asha Parveen K.A.S. (Junior Scale) Vs the State… — Service and Employment | Karnataka HC (2026)

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NC: 2026:KHC:37646-DB WP No. 21530 of 2026

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HC-KAR

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CNR: KAHC010477432026

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 22^ND DAY OF JULY, 2026

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PRESENT

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THE HON'BLE MR. JUSTICE S.G.PANDIT

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AND

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THE HON'BLE DR. JUSTICE K.MANMADHA RAO

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WRIT PETITION NO.21530 OF 2026 (S-KSAT)

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BETWEEN:

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Digitally signed by G SHREERAKSHA Location: HIGH COURT OF KARNATAKA

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SMT. ASHA PARVEEN, K.A.S. (JUNIOR SCALE) D/O MOHAMMED PASHA AGE ABOUT 55 YEARS WORKING AS CHIEF ADMINISTRATIVE OFFICER KIDWAI MEMORIAL INSTITUTE OF ONCOLOGY DR. M.H. MARIGOWDA ROAD BANGALORE-560 029. RESIDING AT NO.20, 7^TH CROSS, AGB COLONY, J.S NAGARA, SARASWATHIPURAM, BANGALORE - 560 096.

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…PETITIONER

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(BY SRI.DHANANJAY V.JOSHI, SENIOR COUNSEL A/W SRI.SUNIL KUMAR H.,ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU – 560 001.

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2 - NC: 2026:KHC:37646-DB WP No. 21530 of 2026

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HC-KAR

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CNR: KAHC010477432026

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THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, VIDHANA SOUDHA, BENGALURU – 560 001.

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SRI. AJAY V., K.A.S. SENIOR SCALE REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, VIDHANA SOUDHA, BENGALURU – 560 001.

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KIDWAI MEMORIAL INSTITUTE OF ONCOLOGY REPRESENTED BY ITS DIRECTOR DR. M.H MARIGOWDA ROAD, BANGALORE-560 029.

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…RESPONDENTS

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(BY SRI.K.R.RAJENDRA, AGA FOR R1 AND R2, SRI.V.LAKSHMINARAYANA, SENIOR ADVOCATE A/W SRI.SHASHANK S, ADVOCATE FOR C/R4 IN CP NO.16492/2026)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO GRANT THE FOLLOWING RELIEFS A)SET ASIDE THE AGGRIEVED THE ORDER DATED 08/07/2026 IN APPLICATION NO.3168/2026 WHEREBY THE INTERIM ORDER OF STAY PRAYED BY THE PETITIONER IS DENIED AND NOTICE IS ISSUED BY THE KSAT (KARNATAKA STATE ADMINISTRATIVE TRIBUNAL) VIDE ANNEXURE-B AND ETC.

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

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HC-KAR

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NC: 2026:KHC:37646-DB WP No. 21530 of 2026

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CNR: KAHC010477432026

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CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE DR. JUSTICE K.MANMADHA RAO

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE S.G.PANDIT)

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Heard learned Senior counsel Sri.Dhananjay V Joshi for learned counsel Sri.Sunil Kumar H for the petitioner and learned Senior counsel Sri.V Lakshminarayana for learned counsel Sri.Shashank S for caveator respondent No.4 and learned AGA for respondent Nos.1 and 2. Perused the entire writ petition papers.

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The petitioner is before this Court questioning interim order dated 08.07.2026 in Application No.3168/2026 passed by the Karnataka State Administrative Tribunal, Bengaluru (hereinafter for short referred to as 'the Tribunal') by which the petitioner's prayer to stay notification dated 06.07.2026 transferring the petitioner and posting the third respondent in her place. Learned Senior counsel for the petitioner has urged

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4 - NC: 2026:KHC:37646-DB WP No. 21530 of 2026

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HC-KAR

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CNR: KAHC010477432026

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several grounds in support of the petitioner's prayer for grant of interim prayer made before the Tribunal. However, the grounds urged are to be considered by the Tribunal at the time of disposal of the application. The Tribunal on consideration of the interim prayer of the petitioner, taking note of the fact that the third respondent has assumed charge and the petitioner is already relieved from the post of Chief Administrative Officer, KIDWAI Memorial Institute of Oncology in its discretion refused to grant interim prayer.

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We do not find any error or illegality in the discretionary order passed by the Tribunal. However, the Tribunal shall examine the validity of the transfer notification without taking into notice the assumption of charge by respondent No.3, on its merit. The Tribunal shall endeavor to dispose of the application pending before the Tribunal as early as possible taking note of the fact that it is a transfer matter.

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HC-KAR

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NC: 2026:KHC:37646-DB WP No. 21530 of 2026

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CNR: KAHC010477432026

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With the above, writ petition stand disposed

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of .

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SD/(S.G.PANDIT) JUDGE

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SD/(DR.K.MANMADHA RAO) JUDGE

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GSR

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List No.: 1 Sl No.: 10

Smt Asha Parveen K.A.S. (Junior Scale) v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt Asha Parveen K.A.S. (Junior Scale) v. the State of Karnataka

Case brief

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What did the court decide?

What the court decided

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