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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M.Jothiraman, J
P.Maya Krishna Moorthy – Appellant
Versus
Principal Secretary/Commissioner of Commercial Taxes – Respondent
ORDER :
M.JOTHIRAMAN, J.
This Writ Petition is filed to challenge the order passed to call for the records of the first respondent in Proc.No.H3/15216/2014 dated 27.04.2015 and quash the same as illegal in so far as the Paragraph 4 (i) and 4 (ii) is concerned and consequential order passed by the second respondent in Proc.No.A8/5585/2018 dated 04.01.2019 and quash the same as illegal and further direct the respondents to fix petitioner's seniority in the cadre of Assistant by considering his service rendered in the cadre of Assistant with effect from 02.01.2013.
2. It is the case of the writ petitioner that the petitioner is working as Assistant in the Office of State Tax Office – I, Kovilpatti, Tirunelveli State Taxes Division, Tirunelveli. He is a direct recruitee to the post of Assistant in the respondent Department through Tamil Nadu Public Service Commission and alloted to Vellore Commercial Taxes Division.
2 (i) . While the petitioner was in service of the Vellore Commercial Taxes Division, he left his family at Tirunelveli and hence, he was unable to take care of his family. Hence, he made a representation before the first respondent to transfer him to Tirunelveli Commercial Tax
Acceptance of transfer conditions that require forfeiture of seniority precludes subsequent claims for seniority, and delay in raising such claims can render them stale.
Employees who voluntarily accept transfer conditions forfeiting seniority cannot later claim it, as their seniority is maintained division-wise under applicable service rules.
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.
Seniority for transferred employees is determined by the date of joining in the new department, not by prior seniority in the former position.
The main legal point established in the judgment is the court's authority to direct the second respondent to pass necessary orders for the fixation of correct seniority on par with S. Shanmugam in th....
An employee who waives his original seniority in one unit and requests re-fixation of seniority in another unit cannot subsequently seek re-fixation of seniority counter to the seniority fixed based ....
The main legal point established in the judgment is that when a Special Rule is available for a particular cadre of service, the General Rules cannot be made applicable to that cadre of services.
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