Karnataka HC: Police Constables With 7 Years’ Unit Service Can Seek Inter-Unit Transfer Without 7 Years In Their Current Post

The State of Karnataka and police authorities challenged orders of the Karnataka State Administrative Tribunal directing them to consider the respondents’ requests for inter-unit transfers, subject to vacancy and other eligibility requirements.

The respondents were Civil Head Constables who had each completed more than seven years’ service in the police department and sought transfers from Mangaluru City or Bengaluru City to other units.

The State contended that they had not completed seven years in their current post, relying on Government Order dated 15 July 2024.

The Tribunal’s orders were made in Applications Nos. 3490/2025 and 3559/2025 on 17 December 2025, and Application No. 3520/2025 on 8 December 2025.

Rule 3(iii) of the Karnataka State Police Department (Transfer) (Special) Rules, 2022 requires a Police Constable seeking inter-unit transfer to have completed a minimum of seven years’ service; the Rule does not require seven years in the employee’s current post.

The Rules also make transfer subject to applicable conditions, including the availability of a sanctioned vacant post and placement below the last person in the cadre of the receiving unit.

An executive order may supplement statutory rules where the rules leave a matter unprovided for, but it cannot contradict the rules or take away a benefit they confer.

The Court applied the reasoning in W.P. No. 23689/2026, decided on 25 September 2026, concerning Rule 3(iii) and Government Order dated 15 July 2024.

The respondents had completed more than seven years’ service and sought transfer between units.

The Court held that Rule 3(iii) measures the required period by service, not by time spent in the current post.

Government Order dated 15 July 2024, which required seven years’ service in the current post and unit, therefore imposed a condition inconsistent with the Rules and could not defeat eligibility under them.

Following its decision in W.P. No. 23689/2026, the Court found no basis to interfere with the Tribunal’s directions to consider the transfer requests, subject to vacancy and other applicable requirements.

Following its earlier decision, it dismissed all three writ petitions, leaving the Tribunal’s directions to consider the respondents’ transfer claims in place.