Transfer guidelines do not give employees nearing retirement an automatic right to retain their posting.

The petitioner, a Group ‘A’ officer, was transferred from Hiriyur to Ganadalu by notification dated 27 May 2026.

He had been posted at Hiriyur since 31 July 2023 and was due to retire on 30 June 2027.

He challenged the transfer before the Karnataka State Administrative Tribunal, arguing that the transfer guidelines protected employees nearing retirement and that his health required him to remain at Hiriyur.

The Tribunal rejected his application.

The High Court noted that he had not made a representation seeking protection under the relevant guideline before the transfer notification was issued.

Clause 8(1) of the Karnataka Government Order dated 13 April 2026 permits the competent authority, for recorded reasons, to extend or curtail the minimum tenure of a Government servant at a posting when the servant has less than two years of service remaining before retirement.

The provision is discretionary; it does not create an automatic right to continue at the existing place of posting, nor does it oblige the State to consider a request that was not made before the transfer.

The Court also noted that Group ‘A’ officers are ordinarily provided a minimum tenure of two years.

The petitioner had served at Hiriyur for nearly three years by the time the transfer notification was issued, exceeding the stated minimum tenure for a Group ‘A’ officer.

Although Clause 8(1) allowed the State to consider his proximity to retirement, it did not require the State to retain him at Hiriyur automatically.

The petitioner had made no representation before the transfer seeking consideration under that clause, including on medical grounds; therefore, the State had not been given the opportunity to assess those grounds before issuing the transfer.

The Court accordingly left the petitioner to pursue the prescribed administrative remedy.

It directed him to submit, within one week, a representation seeking protection under Clause 8(1), supported by medical certificates.

If he did so, the State was directed to pass an appropriate order, taking that clause into account, within two weeks of receiving the representation and to provide an appropriate posting.

The writ petition was disposed of with these directions.