Case Note & Summary
This was a service matter appeal before the Supreme Court of India concerning the fixation of seniority of a government servant in Doordarshan Kendra. The appellant, Joyachan M. Sebastian, was initially appointed on September 21, 1983. Subsequently, due to administrative exigencies, his post was abolished, and he was accommodated in a vacancy at Salem in Tamil Nadu, where his seniority was reckoned from August 19, 1984. Later, the appellant made a request for transfer to Doordarshan Kendra, Trivandrum, and in his application he gave an undertaking that he would not claim his seniority held in Salem. After the transfer was effected, he sought to count his seniority from his initial appointment date of September 21, 1983, arguing that the earlier transfer to Salem was not at his request but was caused by the abolition of his post and the availability of a vacancy in Tamil Nadu. The Tribunal rejected this claim, holding that his seniority in the transferee region should be fixed as junior-most among the confirmed employees. Aggrieved, the appellant approached the Supreme Court by special leave. Before the Supreme Court, learned counsel Shri E.M.S. Anam reiterated the appellant's contention that the transfer to Salem was due to administrative exigencies—abolition and creation of posts and availability of vacancy—and therefore the appellant's seniority should be reckoned from his initial appointment. The respondents, as reflected in the court's reasoning, relied on the undertaking given by the appellant and the settled principle that a transfer at one's own request results in loss of past seniority and placement as junior-most in the new unit. The Court considered the only question: whether the appellant's seniority should count from initial appointment or from the date of joining the transferee region. It observed that it is settled law that on abolition of a post, the holder has no right to continue on that post. Instead of retrenching the surplus employee, the government accommodated him in an available vacancy, which must be deemed a fresh appointment for the purposes of seniority. After joining at Salem, the appellant requested transfer to Trivandrum, and it was at his request that the transfer was effected, supported by an undertaking not to claim seniority at Salem. The Court reiterated the settled legal position that an employee transferred at his own request takes seniority as junior-most among the confirmed employees in the transferee region. Applying these principles, the Court held that the Tribunal did not commit any error of law warranting interference. The Court emphasized that the undertaking not to claim seniority at Salem was binding and that the appellant could not now claim seniority from the initial appointment date. Consequently, the appeal was dismissed, and the appellant's seniority in Trivandrum Kendra was directed to be fixed as junior-most among the confirmed employees there, with no order as to costs.
Headnote
A) Service Law - Seniority on Transfer at Request - Abolition of post and subsequent accommodation is fresh appointment; request transfer results in junior-most seniority in transferee region - Not mentioned - The appellant was accommodated in Salem after abolition of his post and later transferred to Trivandrum at his own request with an undertaking not to claim seniority at Salem. The Court held that on abolition of post the holder has no right to continue, and accommodation in a vacancy is a fresh appointment; a transfer at request places the employee as junior-most among confirmed employees in the transferee region. Held that the Tribunal correctly fixed seniority from the date of joining the transferee region, and the appeal was dismissed.
Issue of Consideration
Whether seniority of a government servant transferred to another region at his own request after abolition of post counts from initial appointment date or from date of joining transferee region.
Final Decision
Appeal dismissed. No costs. The Tribunal's decision upheld: appellant's seniority in transferee region to be counted as junior-most among confirmed employees, not from initial appointment.
Law Points
- On abolition of post
- holder has no right to continue
- accommodation in available vacancy is fresh appointment for seniority
- transfer at own request results in junior-most seniority in transferee region
- undertaking not to claim past seniority is binding.
