Transfer of an employee from one local body to another on administrative grounds does not affect seniority if the seniority is counted from the parent department.

Order On Board

13.4.2026

1) By way of this petition, petitioner has challenged the transfer order issued by respondent No. 2 dated 30.9.2021 whereby services of petitioner, who is working on the post of Assistant Grade-III have been transferred from Nagar Palika Parishad – Bhatapara to Nagar Panchayat – Bhopalpatnam, District – Bijapur on administrative grounds.

2) Learned counsel for the petitioner submits that petitioner has been transferred out of district which would affect his seniority and this Court had granted interim relief in favor of petitioner vide order dated 28.10.2021. He prays to set aside the order impugned pertaining to the petitioner.

3) On the other hand, learned State counsel submits that seniority of an employee will be counted from the parent department from where the petitioner was transferred according to circular dated 15.7.1993. He further submits that petitioner has filed this petition on apprehension alone and has enjoyed the stay order for period of five years. He contends that this petition deserves to be dismissed.

4) Learned counsel appearing for the respondent No. 3 would support the contention made by learned State counsel.

5) I have heard learned counsel for the parties and perused the documents placed on record.

6) Admittedly, petitioner has been transferred out of district but State has specifically pleaded in the return that seniority of petitioner shall be considered from the parent department, therefore in my opinion, seniority of the petitioner would not be affected on account of his transfer from one local body to another.

7) Accordingly, this petition is hereby being disposed reserving liberty in favor of petitioner to make a representation before the Secretary, Department Of Urban Administration And Development within period of 15 days from today and the authority concerned is directed to decide such representation within further period of 30 days.

8) With the aforesaid observation(s) and direction(s), this petition stands disposed. It is made clear that the interim order dated 28.10.2021 shall remain operative for period of 45 days.