Judgment

G.B. Pattanaik, J.-The order dated 21st of July 1987 passed by the Orissa Administrative Tribunal dismissing the Transferred Application No. 166 of 1986 of the appellant is under challenge in this appeal. The appellant was appointed initially in the year 1956 as a Sevak in the Tribal and Rural Welfare Department and then later on was appoint­ed as L.D. Clerk in the District Welfare Office, Phulbani. From the post of L.D. Clerk he was promoted to the post of Upper Division Clerk in April 1961 and was confirmed on that post in April 1969. Prior to his confirmation as Upper Division Clerk he was further promoted to the post of Senior Auditor, Board of Revenue, Cuttack on being recom­mended by the Collector Phulbani and on being selected. Later on his services were transferred to the Revenue and Excise Department, Bhubaneshwar as a Senior Auditor where he was continuing with effect from 1.8.1967. In the year 1970 the Labour and Employment and Housing Department issued a requisition to all the Government Departments for sending the names to fill up the post of Senior Auditor in the Labour Department. Appellant’s name was also sent alongwith others by the Revenue Department. The appellant was selected for being absorbed in the Labour Department and he was asked to offer his willingness by Revenue and Excise Department by letter dated 31.10.1970. The appel­lant expressed his unwillingness to join the new department but not­withstanding the same the employer Revenue Department relieved him by order dated 7.11.1970 and the appellant was forced to join the Labour Employment and Housing Department. But the Labour Department insisted that the appellant cannot claim his seniority in the Labour Depart­ment. The appellant then filed a Representation to the Labour Depart­ment claiming his seniority by taking into account his services as a senior auditor from the date he has been so appointed in the Board of Revenue, Orissa, Cuttack but the Labour Department did not accept his request nor even communicated any refusal to him. When the tentative Gradation List of senior auditors was prepared by the Labour Employment and Housing Department inviting objections, the appellant filed his objection as his past services had not been taken into account. But before disposal of his objection the Labour Department decided to transfer the Audit Branch to the direct control of the Directorate of Employees’ State Insurance Scheme. The final Gradation List was pub­lished by the Labour Department on 25th March, 1977 and appellant was shown junior to the respondents. The appellant then filed a Represen­tation challenging his seniority as shown in the Gradation List of Senior Auditors in the Labour Department and shortly thereafter he was transferred to the Directorate of Employees State Insurance Scheme. Appellant then filed a Representation challenging his seniority as well as his transfer to the ESI Scheme but having failed in this attempt filed a Writ Petition in the Orissa High Court and the same Writ Petition stood transferred to the Administrative Tribunal and finally was disposed of by order dated 21.7.1987. The Tribunal by the impugned order set aside the order dated 26.4.1977, transferring the appellant to the Directorate of ESI and further directed that he would be treated as Senior Auditor of the Labour Department, but his claim of seniority as Senior Auditor in the Labour Department was not grant­ed. In other words his earlier services as a Senior Auditor under the Revenue Department was not taken into account for the purpose of his seniority in the cadre of Senior Auditor under the Labour Department. The Tribunal in denying the relief of seniority claimed by the appel­lant in the Labour Department by taking into account services rendered by the appellant under the Revenue Department relied upon the fact of appellant joining the Labour Department and came to the conclusion that he willingly joined the Labour Department even after knowing t