Case title: Geetha V.M. & Ors. v. Rethnasenan K &Ors.
Case Number Civil Appeal No. 3994-3997 of 2024
Date: DECEMBER 05, 2024.
Quorum: J.K. Maheshwari, J.
Facts of the case
The Directorate of Medical Education (DME) was formed to manage and coordinate medical hospital and collegiate hospitals in Kerela. Other community hospital centres and primary health enters were under the control of the District Health Services (DHS). There was a lot of transfer of powers between the DHS and the DME because the before the DME the medical colleges functioned independently however the administration power remained with the DHS. This resulted in ‘dual authorities taking the reign’. However, to counter this problem the Govt of Kerela formed committees which would recommend the elimination of this dual authority system in medical colleges.
The Estimates Committee even suggested that the system should bifurcate the working employees from DHS to DME.
ISSUE OF THE CASE
Whether the employees who opted from DHS to DME are still entitled to maintain their seniority?
LEGAL PROVISIONS
Rule 27(a) of Part II of KS & SS : A person’s seniority in any position, rank, or grade is calculated starting from the date they were first officially appointed to the service, except in cases where they were demoted to a lower position as a disciplinary measure
Rule 27(c) deals with relative seniority of the employees, determining the level of experience among workers based on their position in a group.
ARGUMENTS:
ARGUMENTS OF THE PETITIONER:
Absorbed employees as well as on behalf of the State represented by Senior Counsel Mr. Gupta that original employees were not prejudiced since upon abolition of the dual control system. The existing position and promotional avenue under it got only transferred from DHS to DME. In essence, it was just the relocation of the entire structure of positions, i.e. the same posts were transferred from one department to another rather than creating competition for existing posts.
ARGUMENTS OF RESPONDENT:
Senior Advocate Mr. V. Giri contended that the State, through a policy decision, abolished the ‘dual control’ system over hospital staff between DHS and DME. While administrative control was transferred to DME, certain staff categories like Nursing, Paramedical, and Ministerial staff remained under DHS. To resolve this issue, a Government Order (G.O.) dated 25.10.2008 directed that all ministerial, nursing, and paramedical staff (including last grade staff) working under DHS be brought under DME’s control. The G.O. specified that the seniority of all optees for absorption into DME would be preserved and their ‘lien’ would be transferred.
Analysis
The fallacy here was that the learned single judge had overlooked the Rule 27(a) of Part II of KS &SSR which comes into action when an interdepartmental transfer takes place on request.
In K.P. Sudhakaran and Another Vs. State of Kerala and Others, the Hon’ble Court had discussed the issue relating to seniority and applicability of Rule 27(a) of the KS&SS Rules. It has been categorically held that on transfer, an employee has to suffer loss of his previous service and his seniority will be decided according to the date he joins the new department or unit. In interdepartmental transfers, generally, the post is changed for the employee only. But here, it is a two-way transfer for both the employee and the post. On a policy level, employees of DHS were offered the chance to shift with their posts to DME.
JUDGMENT
These rules 27(a) and 27(c) point to two salient features regarding seniority determination.
Seniority computation of a person starts with the date on which he was originally ordered to join.
Comparing inter-se seniority it is based on the date of the first formal recommendation or advice made for their appointment in that particular service, class, category, or grade.
CONCLUSION
If a government employee transfers to another department or unit, he loses the seniority that he has acquired and is put at the bottom of the seniority list in his new position. This is to protect the existing seniority structure in the receiving department – since the transfer was for personal reasons, it should not adversely affect the seniority rights of employees already working there.
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WRITTEN BY: DIYAA GOSWAMI
