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D. KRISHNAKUMAR, R. VIJAYAKUMAR
Principal Secretary/Commissioner of Commercial Taxes – Appellant
Versus
D. Murugesan – Respondent
JUDGMENT :
(Made by R.VIJAYAKUMAR,J.)
Prayer in WA(MD).No.4 of 2020 : Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order passed by the learned Judge in W.P.No. 2656 of 2013 dated 22.11.2018.
Prayer in WA(MD).No.22 of 2020 : Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order passed by the learned Judge in W.P.No. 2657 of 2013 dated 22.11.2018.
Prayer in WA(MD).No.615 of 2020 : Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order passed by the learned Judge in W.P.No. 2658 of 2013 dated 22.11.2018.
All the writ appeals arising out of final orders passed by the writ court in W.P.(MD).Nos.2656 to 2658 of 2013.
2. Since a common issue relating to seniority on being transferred to another division in the Commercial Department is under dispute, all the writ appeals are tagged together and a common order is being passed.
3. The petitioners in the writ petitions have challenged the orders passed by the Principal Secretary/ Commissioner of Commercial Taxes, Chennai wherein the authorities had held that the petitioners on b
Employees who voluntarily accept transfer conditions forfeiting seniority cannot later claim it, as their seniority is maintained division-wise under applicable service rules.
Acceptance of transfer conditions that require forfeiture of seniority precludes subsequent claims for seniority, and delay in raising such claims can render them stale.
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.
The court ruled that revising an employee's promotion without providing a fair opportunity violates natural justice and relevant statutory rules.
The court upheld the validity of the final seniority list, affirming compliance with the A.P. Reorganization Act and the One Man Committee's directives, while emphasizing the need for adherence to pr....
Court affirmed that service prior to inter-divisional transfer counts for eligibility, but not for seniority in promotion considerations.
Prior service rendered before an inter-state transfer is valid for promotion eligibility, even if seniority is lost, as established by previous court rulings.
Promotion seniority should not be altered based on delays in qualification if it complies with probation rules, affirming the importance of adhering to original seniority assignments.
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