ORDER ON REFERENCE

1. W.P. No. 6551/2010 and connected W.P. No. 13605/2008 are posted before this Full Bench for consideration of the question of law framed in W.P. No. 6551/2010, which reads as under:

“Whether the guidelines of Government vide order No. DPAR 4 STR 2001, Bangalore dated 22.11.2001 relating to the transfer of Government servants which has come into force with effect from 22.11.2001 has statutory force or not?”

2. We have heard the learned senior counsel appearing for the petitioner in W.P. No. 6551/2010, which is filed being aggrieved by the order passed by the Karnataka Administrative Tribunal, Bangalore, dated 25.02.2010 in Application No.4452/2009, wherein the application filed by the third respondent herein challenging the order of transfer dated 30.09.2009 has been allowed. The learned senior counsel submitted that in view of the provisions of Articles 309 and 162 of the Constitution of India and the provisions of the Karnataka State Civil Services Act, 1978 (for brevity, ‘ the Act’) providing for promulgation of the rules for implementing the provisions of the Act, the State Government can only regulate the proceedings by framing Rules providing for