A temporary appointee does not have the right to contest administrative transfer decisions under the Transfer Guidelines, as these do not apply in temporary situations.

ORDER :

ASHOK S. KINAGI, J.

1. This writ petition is filed by the petitioner challenging the impugned order dated 26.09.2025 vide Annexure "A" issued by the first respondent.

2. Brief facts leading to filing of this writ petition are as follows:

3. The petitioner was posted to work as a Chief Officer in Bajpe Town Panchayat-Dakshina Kannada District on 09.05.2025. The post of Chief Officer is a Group 'C' post. The minimum tenure is four years, as per the Transfer Guidelines. The petitioner assumed charge on 12.05.2025. Notwithstanding the said fact, in the middle of the Academic Year, beyond the transfer period, the petitioner has been transferred to the post of Manager in Puttur Municipality prematurely on 26.09.2025. The said order of transfer is wholly misconceived and is liable to be set aside. Hence, this writ petition.

4. Sri. Rathna Prasad P., Chief officer, Bappalige, Puttur, filed an application for vacating the interim order. It is stated therein that the petitioner was working as a Office Manager and was directed to work on temporary basis as a Chief Officer in Bajpe Town Panchayat on own pay scale with certain conditions. The petitioner was posted to the office of respondent No.3 to the post of Office Manager with the approval of the Hon'ble Chief Minister. Hence, prays to dismiss the writ petition.

5. Heard the learned counsel for the petitioner and learned counsel for respondent No.4.

6. Learned counsel for the petitioner submits that the petitioner was posted as a Chief Officer in Bajpe Town Panchayat, Dakshina Kannada and the post of Chief Officer is a Group 'C' post, the minimum tenure of which is 4 years, as per the Transfer Guidelines. He submits that the petitioner assumed charge as a Chief Officer on 12.05.2025 and in the middle of the Academic Year, by violating the Transfer Guidelines, the impugned order of transfer has been passed and hence, the impugned order is premature one.

7. To buttress his arguments, he has placed reliance on the following case laws:

(i) Judgments passed by the Division Bench of this Court in the case of:

- K.S.Sudhakar v. The State of Karnataka and others, in Writ Appeal No.1146 of 2024 decided on 03.09.2024;

(ii) Judgments passed by the Co-ordinate Bench of this Court in the case of:

- K.G.Amarnatha v. The State of Karnataka and Others in WP No.33195/2017, disposed of on 28.07.2017;

- Siddalingaprabhu vs. The State of Karnataka and others , in WP. No.101477 of 2018, disposed of on 02.03.2018.

Hence, on these grounds, prays to allow the writ petition.

8. Per contra, learned counsel for respondent No.4 submits that the petitioner was appointed as an Office Manager and his post is a Group "C" post. The post of the Chief Officer is a cadre post and belongs to the cadre of the Karnataka Municipalities (Administrative) Service ["KMAS"].

9. He submits that the order of transfer of the petitioner as a Chief Officer is only temporary and an administrative decision; whenever the officers in the KMAS Chief Officers' cadre become available, the petitioner was to report at the place the Government directs him to report, and the General Transfer Guidelines are not applicable in cases where Office Manager is posted as Chief Officer of Town Panchayat Post Office. Admittedly, the petitioner does not belongs to KMAS cadre and Annexure "B" is only temporary, as such, the Transfer Guidelines are not applicable to the case on hand. He also submitted that the petitioner having accepted the conditions mentioned in Annexure "B", is estopped from contending that the impugned order is in violation of the Transfer Guidelines.

10. To buttress his argument