The impugned order regulating the transfer of Primary School Teachers violated Art. 14 of the Constitution due to the lack of a reasonable classification and rational nexus with the object sought to be achieved.

( 1 ) AS common questions are raised in all these cases, they were heard together and disposed of by this common order.

( 2 ) AFTER all the Counsel for the petitioners were heard and when sri K. S. Puttaswamy, Addl. Govt. Advocate, was on his legs, he made a request for giving some time to file a further affidavit in, support of the respondents' case. As the request was made at a very belated stage, that request of Shri K. S. Puttaswamy was not acceded to.

( 3 ) THE petitioners in all these cases are Government servants who are working as Primary School Teachers in various schools cf the State government. The petitioners in some of these writ petitions have challenged the validity of clause No. 3 of the order of the State Government bearing No. ED 65 PMS 7s dated 25th April 1973 published in the Mysore gazette dated 3rd May 1973. The petitioners in the other writ petitions have challenged the validity of the entire older referred to above. After the learned counsel for the petitioners in all these cases as well as Shri k. S. Puttaswamy, learned Additional Government Advocate were heard the counsel appearing for the petitioners made it clear to me that they are restricting their prayer in all these Writ Petitions for the quashing of clause No. 3 of the aforesaid order of the State Government. It is, therefore, unnecessary to go into the other contentions raised in the affidavits filed in support of some of the Writ Petitions challenging the validity of the other portions of the impugned order.

( 4 ) THE posts of Primary School Teachers held by the, petitioners, it is not disputted, are transferable and that transferability is one of the conditions of service. It is also not disputed that there is neither a legislative enactment nor a rule framed under the proviso to Art. 309 of the constitution regulating transfer of Primary School Teachers. The matter relating to transfer was "regulated from time time by executive orders issued by the State Governmet under Art. 162 of the Constitution. Along with the counter affidavit filed on behalf of the State, an Official memorandum of the Government dated 24th January 1964 has been, produced as Ext. R (1) which contains the summary of orders pertaining to transfer issued by the State Government from time to time. It is clear from paragraph no. 2 of the said Official Memorandum that instructions were issued to the effect that Gazetted Officers and Non-Gazetted Non-Ministerial officers should not normally be posted to their home towns or areas where they own immoveable property, this restriction being not applicable in the case of officers having jurisdiction over more than one District. There was, however, a specific instruction issued by the Government by its Order No. ED 129 PMS 70 dt. lsth August 1970 produced along with the counter affidavit, Annexure R-3 pertaining to transfer of Primary school Teachers. The said order directed that in the case of new appointments, no posting should be given to the Primary School Teachers in their home taluks and that in the case of teachers who are already in service in their home taluks, they should be transferred out of their respective taluks in a phased programme, over a period of time, commencing from the academic year 1971-72. The order states that strict instructions should be issued to the appointing officers to enforce the said order. This order was followed by th,e impugned order of the State Government dt. 25th april 1973. The order states that it will come into effect forthwith, and that the same has been issued in supersession of all the previous orders and circulars on the subject of transfer of Primary School Teachers. It directs that general orders of transfers of Primary School Teachers should be issued before the end of May every year. Clause (2) of the order provides that teachers who have stayed (not necessarily continuous stay) in. a particular place (not institutions) for more than five years should be transferred i