Transfer orders and departmental appeals: ordinary transfer is not appealable under Rule 19(1)(a), though mala fide transfers remain challengeable.

Rule 19(1)(a) of the Karnataka Civil Services (Classification, Control & Appeal) Rules, 1957 permits an appeal only when a subordinate order denies or varies pay, allowances, pension, or other service conditions to the employee's disadvantage. The expression "other conditions of service" is read ejusdem generis with the preceding words, so an ordinary transfer in a transferable cadre is treated as an incident of service and does not by itself alter service conditions so as to become appealable. Transfer guidelines do not create immunity from transfer or convert every transfer into an appealable order. A transfer may still be challenged as mala fide or for collateral purposes, but not under this appeal provision.

---

---

Issues: Whether an order of transfer passed by an authority subordinate to the Government is appealable to the Government under Rule 19(1)(a) of the Karnataka Civil Services (Classification, Control & Appeal) Rules, 1957.

Analysis: Rule 19(1)(a) permits an appeal only where a subordinate order denies or varies to the disadvantage of the Government servant his pay, allowances, pension or other conditions of service. The expression "other conditions of service" is controlled by the preceding words and must be read ejusdem generis. Transfer is ordinarily understood as an incident of service and, where the appointment is to a transferable cadre, it does not by itself alter service conditions to the employee's disadvantage. The existence of transfer guidelines does not create an immunity from transfer or convert every transfer into an appealable order. An order of transfer may still be assailable if it is mala fide or made for collateral purposes, but that does not make it appealable under Rule 19(1)(a).

Conclusion: An ordinary transfer order is not appealable under Rule 19(1)(a); the special leave petition failed.

---