A request for mutual transfer with knowledge that it forfeits seniority bars subsequent claims to prior service benefits in seniority.

JUDGMENT

Sanjeev Prakash Sharma, J. (Oral)

The petitioner by way of this writ petition has challenged his placement in the seniority list in respect of service rendered by him from 1970 to 1979, resulting in the petitioner being denied his promotion.

2. Learned counsel for the petitioner submits that the petitioner was initially appointed on 16.01.1968, as Beldar, at District Gurdaspur. Thereafter he was transferred from Soil Conservation Scheme to ARC Scheme, at Gurdaspur, which was converted to Ground Water Cell Scheme at Gurdaspur. In the seniority list which was published on 18.04.1974, his name was correctly shown at Sr. No.31, mentioning the date of appointment as 16.01.1968 and he was further transferred to Ground Water Cell Scheme on 20.05.1974 at Gurdaspur. On 17.07.1979, the petitioner was transferred from Ground Water Cell Scheme to other works of the Agriculture Department, under the Chief Agriculture Officer, District Gurdaspur. The headquarter of the Ground Water Cell Scheme was at Kapurthala, but the petitioner remained posted at Batala, District Gurdaspur. On 16.05.1990, the respondents furnished fresh seniority list, wherein, the petitioner's date of appointment was shifted from 16.01.1968 to 17.07.1979 and thereafter the respondents promoted sixteen persons to the post of Agriculture Sub Inspector vide order dated 23.05.1990 but the candidature of the petitioner was not considered, whereas the persons who were appointed in the year 1970 onwards, had been considered for promotion. In the said circumstances, the petitioner has preferred this writ petition praying that his seniority should be restored from the date of his initial appointment and consequential benefits of promotion should also be granted to him.

3. Per contra, learned counsel appearing on behalf of the respondents stated that the petitioner was appointed on 16.01.1968 on ad-hoc basis and was regularized w.e.f. 05.02.1970. He was transferred from the post of Beldar under the control of District Agricultural Officer, Gurdaspur w.e.f. 20.06.1970 and was further transferred under the Assistant Geologist, Kapurthala, w.e.f. 28.02.1974. While the petitioner was under the Assistant Geologist, Kapurthala, he submitted an application on 21.05.1979, to the Chief Agricultural Officer, Gurdaspur, requesting for mutual transfer to Qadian, under the control of the Chief Agricultural Officer, Gurdaspur. Upon his request, the petitioner was transferred on 08.06.1979. On the joining report submitted by the petitioner, he mentioned that he will forgo his seniority. As the seniority list was required to be prepared district-wise and the petitioner was earlier posted at Kapurthala and had upon mutual transfer been posted at Gurdaspur, the earlier seniority list was required to be foregone.

4. Learned counsel for the respondents submits that the seniority list as issued in the year 1995 mentions the period only from the year 1979, without counting his earlier period of service, which he has forgone while seeking mutual transfer.

5. Learned counsel for the petitioner vehemently argues that in so far as the petitioner is concerned, he at all point in times remained in District Gurdaspur. Although the scheme had headquarters located at Kapurthala, the petitioner continued to be posted at Batala, from where, he requested for mutual transfer to Qadian, which was accepted by the respondents. Learned counsel by referring to the judgment passed by the High Court in CWP- 13555 of 1992, titled decided on 24.08.1995, holding the seniority to be prepared district-wise, also mentions that the seniority of persons, who were in the same district under several schemes will have to be treated as one cadre