Temporary transfer did not entitle the appellant to claim seniority in the transferee department, and her absorption in the new department did not automatically cease her lien in the parent department.

1. The appellant came to be appointed as Junior Staff Nurse on 28th August, 1987 and was posted in Government Medical College, Srinagar. While the appellant was serving in the Government Medical College, Srinagar, she and her husband faced threat to their lives from the militants in view of the disturbed law and order situation in the valley during the year 2000. On the threat perception from the militants, the appellant along with her husband sought their transfer from Srinagar to Jammu. Acceding to her request by respondent no.1, she came to be transferred against an available vacancy in Govt. Medical College Hospital, Jammu vide Govt. Order No.685-HME of 2000 dated 11.10.2000. This arrangement continued when post held by her along with other posts came to be transferred to Govt. Dental College, Jammu permanently vide Govt. Order No. 103-HME of 2006 dated 23.02.2006. Resultant effect of order was that she came to be appointed against a newly created department, which was independent of the service on which she was borne.

2. The dispute with regard to her enlistment in the seniority list issued by respondents became subject matter of challenge in writ petition being SWP No.513/2007. The grievance set out in the said writ petition was that she had to rank above private respondents in view of the fact that she was appointed prior to them. The case set out by her in the writ petition was that her transfer in Govt. Dental College, Jammu was not at her asking but was on account of creation of new department on which the posts held by the appellant and other members of the Govt. Medical College, Jammu came to be permanently transferred. The writ Court did not agree with the contentions raised by the appellant by stating that her transfer from Srinagar to Jammu was at her own request, as such, she would rank below the junior most in the category in the new department. It is under these circumstances, the present appeal has been filed by the appellant.

3. We have heard learned counsel for the parties and perused the record.

4. The following questions are required to be determined by us in this appeal:-

(a) Whether temporary transfer of the appellant from Srinagar to Jammu at her own request would entitle her to claim seniority in the transferee department as maintained by her parent department;

(b) Whether her transfer to Govt. Dental College, Jammu can be construed to have been done at her own request when admittedly she had not sought her adjustment in the said College; and

(c) Whether temporary transfer of the appellant can be construed as deputation from one department to other and consequently her absorption in the new department would automatically cease her lien in the parent department.

With regard to first question, i.e. "Whether temporary transfer of the appellant from Srinagar to Jammu at her own request would entitle her to claim seniority as maintained in her parent department". In this regard, it be seen that the facts are not in dispute. The appellant was working in Govt. Medical College Hospital, Srinagar which was her parent department. On the threat perception of militants, she along with her husband opted for their transfer to Jammu which was acceded to by respondent no.1. She was adjusted against an available post of Junior Staff Nurse in Govt. Medical College, Jammu. It is not in dispute that she was not borne on the strength of Govt. Medical College, Jammu but was temporarily posted to the said College and her lien in the parent department was retained. Her absorption in Government Medical College, Jammu would not entitle her to claim seniority as maintained in her parent department. She has to rank at the bottom of the seniority list in the department. The first question is, accordingly, answered.

With regard to 2nd question, i.e., "Whether her transfer to Govt. Dental College, Jammu can be construed to have been done at her request when admittedly she had not sought her adjustment in the said College