GEETHA V.M. & ORS. versus RETHNASENAN K. & ORS.

GEETHA V.M. & ORS. versus RETHNASENAN K. & ORS.

Where employees of DHS were moved to DME by way of absorption pursuant to a government policy abolishing dual control and in administrative exigency, such movement is an incidence of service (absorption) and not a transfer 'on request' within the proviso to Rule 27(a) of KS&SS Rules; consequently the proviso does not apply and the seniority of absorbed employees must be maintained as per Rule 27(a) and Rule 27(c) (i.e., reckoned from the date of first appointment or first effective advice as appropriate).

Parties
Appellants: Geetha V.M. & Ors.; Respondents: Rethnasenan K. & Ors.
Jurisdiction
India
Judgment Date
02 January 2025
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeals allowed; impugned Division Bench judgment set aside
Legal Topics
Transfer, Absorption, Seniority, Inter Se Seniority, Option Versus Request
Service Law Administrative Law Transfer Absorption Seniority Inter Se Seniority Option Versus Request

Case Brief

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Parties

Geetha V.M. & Ors.

Appellants

Rethnasenan K. & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the option exercised by DHS employees to join DME pursuant to the State policy is to be treated as a transfer on request under proviso to Rule 27(a) of KS&SS Rules or as absorption in public interest
  2. 2 If treated as absorption, from which date should the inter-se seniority of absorbed employees in DME be reckoned

Ratio Decidendi

Where employees of DHS were moved to DME by way of absorption pursuant to a government policy abolishing dual control and in administrative exigency, such movement is an incidence of service (absorption) and not a transfer 'on request' within the proviso to Rule 27(a) of KS&SS Rules; consequently the proviso does not apply and the seniority of absorbed employees must be maintained as per Rule 27(a) and Rule 27(c) (i.e., reckoned from the date of first appointment or first effective advice as appropriate).

Court Disposition

Appeals allowed; impugned Division Bench judgment set aside

Orders

  • Appeals allowed
  • Judgment of the Division Bench of the High Court set aside