Transfer is an incident of service with no vested right to a specific posting. Impending retirement does not automatically exempt an employee from transfer, especially after a long tenure in one location. Furthermore, unopposed applications in tribunals do not warrant automatic relief without merit-based adjudication.

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ORDER ANY APPROPRIATE WRIT SETTING ASIDE THE ORDER DATED 25.03.2026 PASSED IN A. No.15/2026 BY THE HON'BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL ANNEXURE-A AND CONTINUE THE PETITIONER IN THE PRESENT PLACE IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND

ORAL ORDER

(PER: HON'BLE MR. JUSTICE S.G.PANDIT)

The respondent in Application No.15/2026 is before this Court, impugning the order dated 25.03.2026 passed by the Karnataka State Administrative Tribunal, Bengaluru.

The facts, in brief, are that the petitioner was posted as Executive Engineer, Karnataka Rural Road Development Agency, Bengaluru, in place of respondent No.2 herein. Respondent No.2 had been posted to the said position by Notification dated 07.03.2023. Subsequently, respondent No.2 was transferred as Executive Engineer, Planning Division, Kolar, to a vacant post.

2.1 Aggrieved by the order of transfer dated 30.12.2025, respondent No.2 challenged the same before the Tribunal, inter alia, on the ground that he was due to retire on 30.05.2027 and, having less than two years of service remaining, was not liable to be transferred. It was further contended that respondent No.2 had been posted to the earlier position by Notification dated 07.03.2023 upon promotion.

2.2 The Tribunal, by the impugned order, proceeded on the basis that the respondent therein (the petitioner herein) had not contested the application by filing a reply statement and, by drawing an inference that the petition had not been opposed, set aside the order of transfer dated 30.12.2025. The Tribunal further directed that respondent No.2 be continued in the said post till his retirement on attaining the age of superannuation or until his transfer is necessitated in accordance with law.

Sri T. Narayanaswamy, learned counsel appearing for the petitioner, submits that the petitioner was earlier posted to Yadgir and reported for duty on 13.12.2023. It is submitted that, upon completion of his tenure, he was transferred to the Head Office and kept awaiting posting. It is further submitted that, while the petitioner was awaiting posting, he was transferred to the place of respondent No. 2, and respondent No. 2 was, in turn, transferred to Kolar as Executive Engineer by Notification dated 30.12.2025. It is contended that the transfer of the petitioner from Yadgir to Bengaluru was upon completion of the minimum tenure. It is also submitted that respondent No. 2 had likewise completed the minimum tenure in Bengaluru. Further, it is submitted that respondent No. 2 has remained in Bengaluru for more than 20 years.

Per contra, Sri V. Shivareddy, learned Additional Government Advocate appearing for respondent No. 1, supports the order of transfer dated 30.12.2025.

Sri K. Satish, learned counsel appearing for respondent No. 2, submits that respondent No. 2 was posted to the Karnataka Rural Road Development Agency, Bengaluru, on promotion by Notification dated 07.03.2023. It is submitted that respondent No. 2 is due to retire on 30.05.2027 and, as his remaining service is less than two years, he is entitled to continue at the same place. Learned counsel further submits that the petitioner is facing an enquiry and an FIR has been registered against him, and, in view of the transfer guidelines, the petitioner is not entitled to be posted to the place specified in the Notification dated 30.12.2025.

We have considered the submissions made by learned counsel for both the parties and perused the writ papers.

Respondent No. 2 was posted as Executive Engineer, Karnataka Rural Road Development Agency, Bengaluru, by Notification dated 07.03.2023, upon promotion. Prior thereto, respondent No. 2 had been serving in the same institution as a