The main legal point established in the judgment is that voluntary departmental transfer may result in the forfeiture of seniority in the previous department, and the seniority in the new department should be determined based on the date of absorption.

JUDGMENT

(Prayers: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in O.Mu.No.91875/C2/E1/2014, dated 08.12.2014 on the file of the respondent No.2 and the impugned order in Na.Ka.No.100183/W2/E2/2014, dated 12.12.2014, on the file of the respondent No.3 and quash the same as illegal and consequently, for a direction, directing the respondents to rework the Seniority Panel for the promotion to the post of PG Assistants, High School Headmasters in Department of School Education by including the post services rendered to the petitioner and other similarly placed persons in the Elementary Education Department, within the time period stipulated by this Court.

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.Ka.No.100183/W2/E2/2014, dated 12.12.2014, on the file of the respondent No.3 and quash the same as illegal and consequently, for a direction, directing the respondents to rework the Seniority Panel for the promotion to the post of PG Assistants, High School Headmasters in Department of School Education by including the post services rendered to the petitioner and other similarly placed persons in the Elementary Education Department, within the time period stipulated by this Court.

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.Ka.No.100185/W2/E2/2014, dated 12.12.2014, on the file of the respondent No.3 and quash the same as illegal and consequently, for a direction, directing the respondents to rework the Seniority Panel for the promotion to the post of PG Assistants, High School Headmasters in Department of School Education by including the post services rendered to the petitioner and other similarly placed persons in the Elementary Education Department, within the time period stipulated by this Court.)

Common Order:

1. These writ petitions have been filed to quash the impugned orders dated 08.12.2014 and 12.12.2014 and consequently, direct the respondents to rework the Seniority Panel for the promotion to the post of PG Assistants, High School Headmasters in Department of School Education by including the post services rendered by the petitioner and other similarly placed persons in the Elementary Education Department.

2. Since the issues involved in these writ petitions are one and the same, they are taken up together, heard and disposed of by this common order.

3. The brief facts of the writ petition are as follows:

The petitioners have participated in the examinations conducted by the Teacher's Recruitment Board in the year 2004 and were selected. The petitioners were appointed as B.T. Assistant in the year 2004 and 2005 under the Elementary Education Department, vide G.O.Ms.No.100, dated 05.09.2005 and 27.06.2003 and later on 01.06.2006, the petitioners were brought under the regular time scale of pay vide G.O.Ms.No.99, dated 27.06.2006 and G.O.Ms.No.120, dated 18.07.2006. In the said Government Orders, it has been categorically stated that the petitioners' seniority will be considered in accordance with the rank secured by the petitioners in the Teachers Recruitment Board Examinations. But the same was not at all followed at the time when the petitioners were absorbed under School Education.

4. According to the petitioners, several Juniors, who were appointed in the year 2005-2006 were given all promotions bypassing the petitioners and other persons, who are appointed through Teachers Recruitment Board, vide G.O.Ms.No.120, dated 18.07.2006. Several candidates, who are appointed in the School Education Department alone are considered for promotion bypassing the seniority. On 12.12.2011, the Panchayat Union Middle School, in which, the petitioners were working, were upgraded