H.G.RAMESH, J.

1.Whether the Chief Minister has absolute discretion under Government Order No.DPAR 22 STR 2013, Bangalore, dated 07.06.2013 to give prior approval for premature/ delayed transfers referred to in para 9 thereof? This is the question that requires to be answered in this petition and it is answered in the negative. Under para 9(b) of the aforesaid Government Order, the Chief Minister, on perusal of the reasons recorded by the Competent Authority, may give his prior approval for premature/delayed transfer of a Government servant, only if he is satisfied that the case would fall under any of the circumstances stated in para 9(a)(i) to (viii) of the Government Order.

2. This writ petition is directed against the order dated 25.09.2018 passed by the Karnataka State Administrative Tribunal, Bangalore whereby it has allowed the application filed by respondent No.4 challenging the order of transfer dated 11.09.2018 insofar as it related to transfer of himself and the petitioner herein. The Tribunal, by the aforesaid order dated 25.09.2018, has set aside the order of transfer on the ground that it was premature.

3. The contention urged by the petitioner is that the Tribunal had erred in interfering with the order of transfer on the ground that it was premature and that there was no prior approval of the Chief Minister for the premature transfer. It is stated that the order of transfer had the prior approval of the Chief Minister, and therefore, the order of the Tribunal is liable to be set aside.

4. In the context of the contention urged, it is relevant to refer to Government Order No.DPAR 22 STR 2013, Bangalore, dated 07.06.2013 (‘the Government Order’ for short) which lays down guidelines for transfer of Government servants. Para 9 thereof states the circumstances where premature/delayed transfer of Government servants is permitted. It also mandates obtaining of prior approval of the Chief Minister before effecting such transfers. Para 9 reads as follows:

“9. Premature/delayed transfer

a. Generally there should be no premature transfers. The tenure of posting of a Government servant may be extended or reduced by the Competent Authority in the following cases after recording the reasons for the same in writing.

The minimum period of stay at a place as prescribed in para 8 can be reduced and the concerned Government servant transferred prematurely if the competent authority feels that he or she is not suitable for discharging the duties at the present place and the reasons are recorded to this effect in writing:

(i) The employee due for transfer after completion of tenure at a place or posting or post has less than two years of service for retirement;

(ii) The employee possesses special technical qualifications or experience for the particular job for which a suitable replacement is not immediately available;

(iii) The employees working on a project or Flagship programmes of Government of India which are in the crucial stage of implementation and his withdrawal will seriously jeopardize timely completion of such projects;

(iv) Where both the spouses are Government servants and if one of the spouses is transferred, then the other spouse may also be transferred to the same place or nearby place depending upon the availability of vacancy even if one of them has not completed the minimum period of stay;

(v) Where a female Government servant is a widow/spinster/unmarried divorcee, she may be transferred and in case she is appointed for the first time, may be posted to a place of her choice subject to availability of vacancy;

(vi) Where a Government servant is an office bearer of the Karnataka State Government Employees Association only, such Government servant shall not be transferred until the completion of the term for which he has been elected. In case no elections are held within three months of the completion of the said term, he may be transferred. In case he is reelected, he may be continued in the same place until the comple