Karnataka High Court
Administrative and Public LawEmployment and Labour Law

Premature transfer violating minimum-tenure and near-retirement safeguards, without stated reasons, is liable to be set aside.

SRI VASANTH KUMAR D. AWARADI vs THE MANAGING DIRECTOR

Karnataka High CourtJUDGMENT: September 29, 20262 MIN READSOURCE JUDGMENT
Premature transfer violating minimum-tenure and near-retirement safeguards, without stated reasons, is liable to be set aside.. SRI VASANTH KUMAR D. AWARADI vs THE MANAGING DIRECTOR. Karnataka High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner, a Deputy Manager with the Karnataka State Financial Corporation (KSFC), was posted at its Kalaburagi Branch on 28 January 2025.

Source reference: p. 2–4, 6

By order dated 14 July 2026, he was transferred to Koppal and was relieved on 18 July 2026.

Source reference: p. 2–4, 6

He challenged both orders under Article 227, contending that the transfer was premature and inconsistent with the 2026–27 Transfer Policy.

Source reference: p. 2–4, 6

The Corporation relied on administrative exigencies and guideline 19(h).

Source reference: p. 2–4, 6

The petitioner was due to retire on 31 March 2028.

Source reference: p. 2–4, 6
02

Issues

Whether the petitioner’s transfer from Kalaburagi to Koppal before completion of the policy’s minimum three-year stay was contrary to the 2026–27 Transfer Policy

Source reference: p. 6–7

Whether the transfer could be sustained on the Corporation’s claim of administrative exigency, despite the petitioner being within two years of retirement and the transfer order stating no reason

Source reference: p. 7
03

Law Applied

The Court applied clauses 2 and 3 of the KSFC Transfer Policy for 2026–27. Clause 2 prescribes a minimum stay of three years at a place; clause 3 provides that an employee due to retire within two years may, as far as possible, be transferred to the employee’s chosen place or a preferred nearby place.

Source reference: p. 4–6

The Corporation also relied on guideline 19(h), invoking administrative exigency; the judgment does not set out its text. The Court cited no statute or judicial precedent as the basis for its decision.

Source reference: p. 4–6
04

Reasoning

The petitioner had served at Kalaburagi from 28 January 2025 until the transfer order of 14 July 2026, short of the three-year minimum stay under clause 2.

Source reference: p. 6–7

The Court also considered that he was approaching retirement and that clause 3 addressed employees due to retire within two years. The transfer order gave no reason for the transfer. In these circumstances, the Court rejected the Corporation’s administrative-exigency contention and held that the transfer was inconsistent with the policy.

Source reference: p. 6–7
05

Holding

In these circumstances, the Court rejected the Corporation’s administrative-exigency contention and held that the transfer was inconsistent with the policy.

The Court allowed the petition, set aside the transfer order dated 14 July 2026 and the consequential relieving memo dated 18 July 2026 insofar as they concerned the petitioner, and permitted him to continue at the Kalaburagi Branch.

Source reference: p. 7

No order was made as to costs.

Source reference: p. 7
Karnataka High Court

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SRI VASANTH KUMAR D. AWARADIvsTHE MANAGING DIRECTOR

Karnataka High Court · September 29, 2026

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