- 1 - HC-KAR NC: 2026:KHC-D:2311 WP No. 107326 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 107326 OF 2025 (S-TR) BETWEEN: CHANDRAKANTH S/O. VIRUPAXARAO KULKARNI AGE. 59 YEARS, OCC. CHIEF OFFICER, TOWN PANCHAYAT, KUNDAGOL, R/O. REVANASIDDESHWARA PARK, TQ. KUNDAGOL, DIST. DHARWAD 581113. …PETITIONER (BY SRI. SAURABH A. SONDUR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH ITS UNDER SECRETARY, (MUNICIPAL ADMIN-2), URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER DC COMPOUND, MINI VIDHANA SOUDHA, TQ: AND DIST: DHARWAD-580001. 3. KUNDAGOL TOWN PANCHAYAT RAILWAY STATION ROAD, TQ: KUNDAGOL, DIST: DHARWAD-581113, REPRESENTED BY ITS CHIEF OFFICER. 4. SRI. RAVINDRA BAGALKOTI AGE: MAJOR, OCC: SENIOR HEALTH INSPECTOR, R/O. YALAKKI SHETTAR COLONY, GANDHINAGAR, TQ: AND DIST: DHARWAD-580008. …RESPONDENTS (BY SMT. NANDINI B. SOMAPUR, AGA FOR R1; NOTICE TO R2 AND R3 ARE SERVED; SMT. YALAGI KAVYA SHIVAPPA, ADVOCATE FOR C/R4) GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.20 11:36:26 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2311 WP No. 107326 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER BEARING NO.NAAE 175 TMS 2025(E) DATED 25-09-2025 ISSUED BY RESPONDENT NO.1 VIDE ANNEXURE-D; AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER 1. The petitioner has called in question the Order dated 25.09.2025 issued by Respondent No.1 (Annexure–D), whereby the petitioner was transferred without indicating any place of posting, and Respondent No.4 was transferred to the post held by the petitioner. 2. Brief facts of the case: 2.1. The petitioner was initially working as Manager of Ron Municipality. By order dated 31.07.2024, the petitioner was transferred to the post of Chief Officer, Town Panchayat, Kundagol, and he assumed charge on 05.08.2024. 2.2. Subsequently, by the impugned order dated 25.09.2025, Respondent No.1 transferred - 3 - HC-KAR NC: 2026:KHC-D:2311 WP No. 107326 of 2025 Respondent No.4 to the post held by the petitioner at Kundagol and transferred the petitioner without assigning any place of posting. 3. Learned counsel for the petitioner raises following contentions: 3.1. The petitioner has been working as a Manager of Ron Municipality and was transferred to Kundgol on 31.07.2024 and assumed charge on 05.08.2024. The impugned transfer order dated 25.09.2025 has been issued within four years of his posting, thereby violating Clause 7 of the Transfer Guidelines. 3.2. The petitioner is due to attain superannuation on 31.05.2026 and the impugned transfer order issued on 25.09.2025 is within a period of two years before his retirement, which is contrary to Clause 8(1) of the Transfer Guidelines dated 12.05.2025. - 4 - HC-KAR NC: 2026:KHC-D:2311 WP No. 107326 of 2025 3.3. The impugned order does not indicate the place to which the petitioner has been transferred, thereby violating Clause 5(i) of the Transfer Guidelines. 4. Per contra, learned counsel appearing for Respondent No.4 submits that, respondent No.4 had been without any posting for the last six months and he has rightly been posted to the place where the petitioner was working. It is further submitted that Respondent No.4 has already taken charge pursuant to the impugned order. She also submits that, pursuant to the interim order granted by this Court, Respondent No.4 has been given an alternative posting, which is the subject matter of challenge in a separate Writ Petition No.100753/2026, wherein an interim order of stay has been granted. It is therefore submitted that, in view of the order passed by this Court on 30.09.2025, the State be directed to continue payment of salary to - 5 - HC-KAR NC: 2026:KHC-D:2311 WP No. 107326 of 2025 Respondent No.4 and to provide him with an appropriate suitable posting. 5. This Court has carefully considered the rival contentions and perused the material on record. 6. Clause 7 of the Transfer Guidelines reads as under: 7. MAzÀÄ ¸ÀܼÀzÀ°ègÀ§ºÀÄzÁzÀ PÀ¤µÀ× CªÀ¢ü:- (1) MAzÀÄ ¸ÀܼÀzÀ°è F PɼÀUÉ ¸ÀÆa¹gÀĪÀ ¸ÉêÁªÀ¢üAiÀÄ£ÀÄß ¥ÀÇtðUÉƽ¸ÀzÀ AiÀiÁªÀÅzÉà ¸ÀPÁðj £ËPÀgÀ£À£ÀÄß ¸ÁzsÁgÀtªÁV ªÀUÁðªÀuÉ/ ZÀ®£ÀªÀ®£À ªÀiÁqÀĪÀAw®è:- PÀæ¸ÀA ªÀÈAzÀ ¸ÉêÁªÀ¢ü (ªÀµÀðUÀ¼ÀÄ) 1. J®è UÀÄA¥ÀÅ-J ºÀÄzÉÝUÀ¼ÀÄ 2 ªÀµÀð 2. J®è UÀÄA¥ÀÅ-© ºÀÄzÉÝUÀ¼ÀÄ 2 ªÀµÀð 3. J®è UÀÄA¥ÀÅ-¹ ºÀÄzÉÝUÀ¼ÀÄ 4 ªÀµÀð 4. J®è UÀÄA¥ÀÅ-r ºÀÄzÉÝUÀ¼ÀÄ 7 ªÀµÀð vÀªÀÄä E¯ÁSÉAiÀÄ ªÁå¦ÛAiÀÄr §gÀĪÀ E¯ÁSÉUÀ¼À MAzÀÄ ¤¢ðµÀÖªÁzÀ ºÀÄzÉÝAiÀÄ PÁAiÀÄð ¸ÀégÀÆ¥ÀzÀ / ¸ÀÆPÀëöävÉAiÀÄ DzsÁgÀzÀ ªÉÄÃ¯É MAzÀÄ ºÀÄzÉÝAiÀÄ°è ¸ÀPÁðj £ËPÀgÀ£ÀÄ ¸ÉÃªÉ ¸À°è¸À§ºÀÄzÁzÀ PÀ¤µÀ× CªÀ¢üAiÀÄ£ÀÄß ¸ÀaªÁ®AiÀÄzÀ DqÀ½vÀ E¯ÁSÉUÀ¼ÀÄ ¸À£Áä£Àå ªÀÄÄRåªÀÄAwæAiÀĪÀgÀ ¥ÀǪÁð£ÀĪÉÆÃzÀ£ÉAiÉÆA¢UÉ PÁ®PÁ®PÉÌ ¥ÀjµÀÌj¹/¤UÀ¢¥Àr¹ DzÉñÀ ºÉÆgÀr¸À§ºÀÄzÀÄ. (2) E¯ÁSÁ ªÀÄÄRå¸ÀÜgÀÄUÀ¼ÀÄ UÀÆæ¥ï-J ªÀÄvÀÄÛ UÀÆæ¥ï © ªÀÈAzÀzÀ C¢üPÁjUÀ½UÉ ¸ÀA§A¢ü¹zÀAvÀºÀ ªÀUÁðªÀuÉ ¥Àæ¸ÁÛªÀ£ÉUÀ¼À£ÀÄß ¸ÀaªÁ®AiÀÄzÀ DqÀ½vÀ E¯ÁSÉUÀ¼À ªÀÄÆ®PÀªÉà ªÀiÁ£Àå ¸ÀaªÀjUÉ ¸À°è¸ÀvÀPÀÌzÀÄÝ. (3) ºÉÊzÀgÁ¨Ázï PÀ£ÁðlPÀ ¥ÀæzÉñÀzÀ°è £É¯É¹gÀĪÀ PÀbÉÃjUÀ½UÉ ¸ÀܽAiÀÄ ªÀÈAzÀ ªÀÄvÀÄÛ «ÄPÀÄ̽zÀ ªÀÈAzÀUÀ¼À°è£À ««zsÀ ªÀÈAzÀzÀ ºÀÄzÉÝUÀ¼À°è SÁ° EgÀĪÀ ºÀÄzÉÝUÀ½UÉzÀÄgÁV £ÉêÀÄPÁw ºÉÆA¢gÀĪÀ £ËPÀgÀgÀ£ÀÄß CªÀgÀ £ÉêÀÄPÁw ¢£ÁAPÀ¢AzÀ PÀ¤µÀ× 10 ªÀµÀðUÀ¼À ªÀgÉ«UÀÆ ºÉÊzÀgÁ¨Ázï PÀ£ÁðlPÀ ¥ÀæzÉñÀ ºÉÆgÀvÀÄ¥Àr¹ ªÀUÁðªÀuÉ ªÀiÁqÀ¨ÁgÀzÀÄ. - 6 - HC-KAR NC: 2026:KHC-D:2311 WP No. 107326 of 2025 7. The aforesaid guidelines clearly provide that, a Group– C employee shall ordinarily continue at a place of posting for a minimum period of four years. Undisputedly, the petitioner was transferred to Kundagol on 31.07.2024 and assumed charge on 05.08.2024. The impugned transfer order dated 25.09.2025 has been passed by respondent No.1 well within four years of his posting at Kundagol and is therefore contrary to Clause 7 of the Transfer Guidelines. 8. Clause 8(1) of the Transfer Guidelines dated 12.05.2025 reads as under: 8. F PɼÀPÀAqÀ ¸ÀAzÀ¨sÀðUÀ¼À°è ¸ÀPÀëªÀÄ ¥Áæ¢üPÁgÀªÀÅ °TvÀªÁV PÁgÀtUÀ¼À£ÀÄß zÁR°¹ ¸ÀPÁðj £ËPÀgÀ£ÀÄ MAzÀÄ ¸ÀܼÀzÀ°ègÀ§ºÀÄzÁzÀ PÀ¤µÀ× ¸ÉêÁªÀ¢üAiÀÄ£ÀÄß «¸ÀÛj¸À§ºÀÄzÀÄ CxÀªÁ PÀrvÀUÉƽ¸À§ºÀÄzÀÄ. 1) MAzÀÄ ¸ÀܼÀzÀ°ègÀ§ºÀÄzÁzÀ PÀ¤µÀ× CªÀ¢üAiÀÄ£ÀÄß ¥ÀÇtðUÉƽ¹. ªÀUÁðªÀuÉUÉ CºÀð¤gÀĪÀ ¸ÀPÁðj £ËPÀgÀ¤UÉ ¤ªÀÈvÀÛ£ÁUÀ®Ä JgÀqÀÄ ªÀµÀðQÌAvÀ PÀrªÉÄ ¸ÉêÁªÀ¢ü EzÀÝ°è, 9. The above clause clearly says that, if an employee has less than two years of service remaining, the tenure - 7 - HC-KAR NC: 2026:KHC-D:2311 WP No. 107326 of 2025 can neither be extended nor can be reduced, except under extraordinary circumstances to be recorded in writing. The said clause has been interpreted by the Division Bench of this Court in Sivaprakash v. State of Karnataka and Another1 (Shivaprakash). The Division Bench of this Court has held at paragraph 9 as under: “9. The impugned order, which has been challenged before this Court has made reference to various decisions of this Court and by taking note of the transfer policy of the Government, it has been held that an employee of the Government cannot be transferred within two years of retirement. One can be transferred within two years only in extraordinary circumstances or when there is reason for discharging his/her peaceful life. Merely because the petitioner has not been given the posting, it cannot be held that it is an extraordinary circumstance. Taking into consideration the factual situations, the KAT has come to a right conclusion and has rightly passed the impugned order. When the 1 Writ Petition No.226086 of 2020 disposed of on 30.07.2020 - 8 - HC-KAR NC: 2026:KHC-D:2311 WP No. 107326 of 2025 respondent-Government, who had passed the order under challenge before the KAT has not challenged the impugned order, then the present petitioner cannot contend that the said order is not binding on him. The only grievance of the petitioner is that he has not been given posting. In that light, if a direction is issued to respondent No.1 to give posting to the petitioner, it would meet the ends of justice. There is no illegality or irregularity in the impugned order and the same deserves to be confirmed. However, it is observed that respondent No.1 – Women and Child Development & Disabled and Senior Citizens Department has to make necessary arrangements for posting of the petitioner expeditiously in accordance with law.” 10. The Division Bench has held that, there cannot be any transfer in a situation where the employee is left with less than two years of service, except in any extraordinary circumstances recorded in writing. In the present case, the impugned order dated 25.09.2025 does not disclose any extraordinary circumstances warranting deviation from the - 9 - HC-KAR NC: 2026:KHC-D:2311 WP No. 107326 of 2025 prescribed tenure. Hence, the impugned order of transfer is in violation of Clause 8(1) of the Transfer Guidelines and the order passed by the Division Bench of this Court. 11. The third contention of the petitioner is that, the petitioner while being transferred has not been given posting. Clause 5(1) of the Transfer Guidelines reads as under: 5. ¸ÀPÀëªÀÄ ¥Áæ¢üPÁgÀzÀ ºÁUÀÆ £ËPÀgÀ£À dªÁ¨ÁÝjUÀ¼ÀÄ:- ¸ÀPÀëªÀÄ ¥Áæ¢üPÁgÀªÀÅ ªÀUÁðªÀuÉ / ZÀ®£ÀªÀ®£À ªÀiÁqÀĪÁUÀ F PɼÀV£À CA±ÀUÀ¼À£ÀÆß ¸ÀºÀ RavÀ¥Àr¹PÉƼÀîvÀPÀÌzÀÄÝ. (1) AiÀiÁªÀÅzÉà ¸ÀPÁðj £ËPÀgÀgÀ ªÀUÁðªÀuÉAiÀiÁzÀ ¸ÀAzÀ¨sÀðUÀ¼À°è AiÀiÁªÀÅzÉà £ËPÀgÀgÀÄ ¸ÀܼÀ ¤AiÀÄÄQÛUÁV PÁAiÀÄzÀAvÉ PÀqÁØAiÀĪÁV ¸ÀܼÀ ¤AiÀÄÄQÛ ¤ÃqÀvÀPÀÌzÀÄÝ. F jÃw ºÀ®ªÁgÀÄ ¸ÀPÁðj £ËPÀgÀgÀÄ ¸ÀܼÀ ¤AiÀÄÄQÛUÁV PÁAiÀÄĪÀÅzÀjAzÀ ¸ÀPÁðgÀPÉÌ C£ÀªÀ±ÀåPÀ DyðPÀ ºÉÆgÉAiÀiÁUÀÄvÀÛzÉ JA§ÄzÀ£ÀÄß UÀªÀÄ£ÀzÀ°èlÄÖPÉƼÀîvÀPÀÌzÀÄÝ. 12. Clause 5(1) of the Transfer Guidelines provides that the transfer order must specify the place of posting. The impugned order fails to indicate the petitioner’s place of posting, which is also in clear violation of the Transfer Guidelines. - 10 - HC-KAR NC: 2026:KHC-D:2311 WP No. 107326 of 2025 13. A conjoint reading of Clauses 5, 7 and 8 of the Transfer Guidelines and a perusal of the impugned order make it evident that the transfer of the petitioner is in clear violation of the transfer Guidelines and hence, unsustainable in law. 14. Learned counsel appearing for Respondent No.4 has rightly contended that, in view of the interim orders passed by this Court and the peculiar facts and circumstances, the State shall continue to pay the salary payable to Respondent No.4 in accordance with law and take appropriate steps to provide him with a suitable posting. 15. Accordingly, this Court pass the following: ORDER i. The writ petition is allowed. ii. The impugned order dated 25.09.2025 passed by Respondent No.1 (Annexure–D) insofar as it relates - 11 - HC-KAR NC: 2026:KHC-D:2311 WP No. 107326 of 2025 to the petitioner is hereby quashed. iii. The petitioner shall be permitted to continue at Kundagol until he attains the age of superannuation, unless transferred in accordance with Clause 8(1) of the Transfer Guidelines by recording exceptional circumstances in writing. iv. It is needless to state that the State shall continue to pay the salary payable to Respondent No.4 in terms of the interim order already granted by this Court and take appropriate action to provide him a suitable posting in accordance with law. Sd/- JUSTICE K.S.HEMALEKHA gab Ct:VH List No.: 1 Sl No.: 5