Case Note & Summary
The petitioner, a direct recruit Assistant in the Commercial Taxes Department through Tamil Nadu Public Service Commission, was allotted to Vellore Division. He sought transfer to Tirunelveli Division on personal grounds. The first respondent, the Principal Secretary/Commissioner of Commercial Taxes, transferred him after a delay of one year, but imposed a condition to forego seniority and not to file any case regarding fixation of seniority. The second respondent, the Joint Commissioner of State Tax, Tirunelveli, later fixed the petitioner's seniority only in 2018 through inter-se process. The petitioner challenged the transfer order dated 27.04.2015, specifically paragraphs 4(i) and 4(ii), and the consequential seniority order dated 04.01.2019, contending that Rule 20(a)(iii) of the Special Rules for Tamil Nadu Ministerial Service Rules, which was relied upon by the respondents, applies only to transfers from one department unit to another, whereas the petitioner was transferred within the same department (Commercial Taxes Department) from Vellore Division to Tirunelveli Division. The petitioner sought quashing of the impugned orders and a direction to fix his seniority in the cadre of Assistant with effect from 02.01.2013. The case raised the core legal issue of the applicability of the said rule to intra-departmental transfers and the validity of the seniority forfeiture condition. The matter was heard by the Madurai Bench of Madras High Court under Article 226 of the Constitution. The judgment text provided does not include the court's analysis or final decision.
Headnote
A) Service Law - Seniority - Condition of Forfeiture on Intra-Departmental Transfer - Tamil Nadu Ministerial Service Rules, Rule 20(a)(iii) - Petitioner sought transfer from Vellore Division to Tirunelveli Division within the same Commercial Taxes Department - Transfer order imposed condition to forego seniority - Petitioner argued that Rule 20(a)(iii) applies only to inter-departmental unit transfers, not intra-departmental - Court's holding not available in extracted text.
Issue of Consideration
Whether the condition of forfeiture of seniority imposed in the transfer order dated 27.04.2015 and the consequential seniority fixation dated 04.01.2019 are valid, and whether Rule 20(a)(iii) of the Special Rules for Tamil Nadu Ministerial Service Rules applies to intra-departmental transfers within the same department unit.
Law Points
- Rule 20(a)(iii) of Special Rules for Tamil Nadu Ministerial Service Rules applies only to inter-departmental unit transfers
- not intra-departmental transfers
Case Details
2025 LawText (MAD) (02) 309
WP.(MD) No.1838 of 2019 and WMP.(MD).No.1563 of 2019
Mr.J.Pooventhera Rajan for petitioner; Mr.G.V.Vairam Santhosh, Additional Government Pleader for respondents
1.The Principal Secretary/Commissioner of Commercial Taxes, Chennai; 2.The Joint Commissioner of State Tax, Tirunelveli
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Service matter - Writ petition under Article 226 challenging transfer order imposing seniority forfeiture condition and consequential seniority fixation
Remedy Sought
Petitioner sought to quash paragraphs 4(i) and 4(ii) of the transfer order dated 27.04.2015 and the consequential seniority order dated 04.01.2019, and to direct respondents to fix seniority as Assistant from 02.01.2013
Filing Reason
Petitioner contended that the condition to forego seniority was illegal because Rule 20(a)(iii) of the Special Rules for Tamil Nadu Ministerial Service Rules applies only to transfers between different department units, whereas his transfer was within the same department (Commercial Taxes Department) from Vellore Division to Tirunelveli Division
Issues
Whether the condition to forego seniority imposed in the transfer order dated 27.04.2015 is valid
Whether Rule 20(a)(iii) of the Special Rules for Tamil Nadu Ministerial Service Rules applies to intra-departmental transfers within the same department
Submissions/Arguments
Petitioner argued that Rule 20(a)(iii) applies only to transfer from one Department Unit to another, but the petitioner was transferred within the same Commercial Taxes Department from Vellore Division to Tirunelveli Division, hence the condition to forego seniority is illegal.
Respondents' arguments not mentioned in extracted text.
Judgment Excerpts
While passing the impugned order, the first respondent had referred to Rule 20 (a) (iii) of the Special Rules for the Tamil Nadu Ministerial Service Rules, and the same is not applicable to the petitioner. Since it will only apply to the case regarding transfer of a member working under the Tamil Nadu Ministerial Service Rules from one Department Unit to another Department Unit. But the petitioner requested the first respondent to transfer him from Vellore Division to Tirunelveli Division of the same Commercial Taxes Department.
Procedural History
Petitioner filed writ petition under Article 226 before Madurai Bench of Madras High Court challenging transfer order dated 27.04.2015 and consequential seniority order dated 04.01.2019.
Acts & Sections
- Constitution of India: Article 226
- Special Rules for Tamil Nadu Ministerial Service Rules: Rule 20(a)(iii)
