M. Sebastian Vs. The Director General & Ors  INSC 1014 (23 August 1996)
K. Ramaswamy, K.G.B. Pattanaik (J)
O R D
have heard the learned counsel on both sides.
only question for consideration is: Doordarshan Kendra, Trivandrum that he would not claim his
seniority held in Salem w.e.f. August 19, 1984.
E.M.S. Anam, learned counsel for the appellant contended that since the
transfer had come to be made due to administrative exigencies, viz., abolition
of the post and creation of the post and availability of the vacancy in Tamil Nadu,
the transfer was not on account of the request made by the appellant and that,
therefore, the seniority had to be reckoned from the date of his initial appointment,
i.e., September 21, 1983. We find no force in the contention.
now settled legal position that on abolition of the post, the holder of the
post has no right to continue on the post. Instead of retrenching him as
surplus, the Government have accommodated him in the available vacancy and,
therefore, it must be deemed to be a fresh appointment for the purposes of
seniority. After joining in Salem in Tamil
Nadu, he made a request for transfer to Trivandrum and it is at his request that he was transferred. Consequently, on his
undertaking in the application that he would not claim his seniority at Salem
Station, the transfer was effected at his request. It is settled legal position
that he would take his seniority as junior-most among the confirmed employees
in the transferee-region.
from this perspective, we are of the view that the Tribunal has not committed
any error of law warranting interference.
appeal is accordingly dismissed. No costs.
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