Anil Nasikkar vs State of Madhya Pradesh and Others

Sujoy Paul, J.—The point involved in the present matter is in a narrow compass. The petitioner by filing the present writ petition has challenged the action of the respondents in assigning him incorrect seniority by impugned gradation list, Annexure P-3.

Learned counsel for the petitioner submits that the petitioner is entitled to get seniority from the date of his initial appointment and not from the date he joined at the transferred place. The respondents have counted seniority of the petitioner from the date he joined at the transferred place on his own request.

The main dispute between the parties is regarding the question whether on own request transfer the petitioner will lose his seniority ? The petitioner submits that he will not because there was no such condition in his transfer order whereas the respondents relied on Annexure R-1, dated 8.5.1991, to contend that such own request transfer will result into down-grading seniority.

I have heard learned counsel for the parties on this aspect.

In the opinion of this Court, the point involved in this case is no more res integra. In Writ Petition No. 9545/2003 (B.L. Asati vs. State of Madhya Pradesh), decided on 4.4.2005, the Principal Seat has considered this aspect. In the said case also the seniority of a Lower Division Clerk (LDC) was counted from the date of his joining on his own request at transferred place. This Court considered the Government Circular dated 11.10.1990, which provides that when a LDC is transferred on his own request, his seniority will be reckoned from the date of his joining in the new office. This Court affirmed the action of the respondents in para 9 of the judgment. The petition of the employee claiming seniority from the date of appointment was dismissed.

The Apex Court in Smt. Renu Mullick Vs. Union of India and another, considered this aspect pursuant to a departmental instruction dated 20.5.1980. In para 10 of the said judgment, the Apex Court opined that the transferee is to be treated as a new entrant in the Collectorate in which he/she is transferred, for the purpose of seniority. This judgment of Apex Court is followed by Division Bench of this Court in Santlal Singh Gond Vs. State of M.P. and Others, . In the light of aforesaid legal position, no fault can be found in the action of the respondents in counting the seniority of the petitioner from the date of his joining at transferred place on his own request. Petition is meritless and is hereby dismissed.