Back
J. K. MAHESHWARI, RAJESH BINDAL
Geetha V. M. – Appellant
Versus
Rethnasenan K. – Respondent
Understood. I am ready to analyze the legal document you provide.
Please paste the content of the document below. Once provided, I will: 1. Extract the key points based on the text. 2. Identify the specific sections or paragraphs supporting each point. 3. Format the output using square brackets to cite the references individually (e.g., (!) (!) ), ensuring they are not combined.
Awaiting your document content.
JUDGMENT :
J.K. MAHESHWARI, J.
1. The present appeals have been filed impugning the order passed by High Court of Kerala at Ernakulam on 13.03.2019 in W.A. Nos. 1418, 1525, 1527 and 1652 of 2010, reversing the judgments dated 29.06.2010 and 30.06.2010 passed by learned Single Judge in W.P. (C) Nos. 4599, 12381 and 14091 of 2010 and W.P. (C) No. 20269 of 2010 respectively.
2. Appellants herein are the employees who were working in the Directorate of Health Services (the “DHS”) later absorbed on furnishing option as demanded, in the Directorate of Medical Education (the “DME”) on account of abolition of dual control system of the staff in medical colleges under the policy decision of the State of Kerala. The rival claims of inter-se seniority between the original employees of DME (hereinafter referred as ‘original employees’) and absorbed employees from DHS in the respective categories of DME (hereinafter referred to as ‘absorbed employees’) made by both were decided by the order impugned.
3. Writ Petition No. 4599/2010 was filed by the absorbed employees contending that they are entitled to retain their existing seniority even on absorption in the DME in terms of Rule 8 of Appendix I of
Absorption of employees from one department to another under a government policy does not alter their seniority, which is maintained based on prior service.
Seniority of absorbed employees in ESIC should be reckoned from their promotion dates in the State Government service, aligning with DoPT directives.
Vested rights of promoted employees cannot be impaired by subsequent administrative actions, preserving seniority acquired under prior rules.
The State Government had the power to transfer and absorb officials and to determine their seniority under Rule 6 of the Mysore Government Servants (Seniority) Rules, 1957.
Employees transferred at their own request must forfeit previous seniority and accept the lowest rank in the new department, as stipulated by service regulations.
Transfers violating institutional seniority conditions are deemed unlawful, emphasizing adherence to established rights within employment frameworks.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
