Seniority in public service should be calculated from the date of transfer order, not the date of joining, unless there is willful delay by the employee.

JUDGMENT

(Judgment of the Court was delivered by S.SRIMATHY, J.

The present writ appeal is filed by the respondents against the order passed in W.P.(MD)No.13792 of 2024, dated 27.06.2024.

2. The writ petition was filed inter alia praying for issuance of Writ of Mandamus, to direct the 1^st respondent therein to revise the seniority list in Pharmocology Department based on the date of transfer posting order before conducting the re-counselling which arises due to the vacancy caused by transfer counselling vide circular Transfer Counselling / By E-Mail / Ref.No. 000033/E3/1/2024, dated 14.06.2024.

3. The 1^st respondent herein is the writ petitioner. The writ petitioner was earlier transferred vide order dated 16.08.2023 to Virudhunagar Government College. At that point of time the writ petitioner was working in Nilgiris Medical College and she was relieved only on 25.10.2023 and then she joined in the transferred place of Virudhunagar on 26.10.2023. In the next transfer counselling, which was released on 19.06.2024 the petitioner’s name has been included in incorrect seniority by taking the date of joining instead of date of transfer order.

4. The contention of the writ petitioner is that the transfer order was issued on 16.08.2023 but she was belatedly relieved on 25.10.2023 by the Nilgiris Medical College and the very next day the writ petitioner joined the transferred place without availing the joining leave. Hence the claim of the petitioner she ought to have been kept in seniority list by taking the date of transfer order. But when the 1^st respondent issued the circular, dated 14.06.2024, fixing the date of counselling for Pharmacology on 19.06.2024, a seniority list was released based on the date of joining in the last working station. If the date of transfer dated 16.08.2023 is taken for consideration, then the writ petitioner is eligible to be placed in the seniority list and would have obtained the transfer order. But the respondents have taken 26.10.2023, the date of joining and have calculated the seniority, thereby, deprived the writ petitioner from participating in the transfer counselling based on circular, dated 14.06.2024. Hence, the writ petition was filed.

5. After considering the writ petitioner's plea, the Writ Court has disposed of the writ petition and directed the 1^st respondent therein to modify the transfer counselling seniority by including the writ petitioner's name. Aggrieved over the same the respondents in the writ petition had filed the present writ appeal.

6. The contention of the appellants is that G.O.(2D).No.131, Health and Family Welfare Department, dated 20.11.2007, has given guidelines for conducting transfer counselling. In the said G.O., guidelines for determining the seniority list were also prescribed. Under clause 10.6, it states that actual period of duty in the present posting alone can be counted for preparing the seniority list. When the writ petitioner had joined the duty on 26.10.2023, then the writ petitioner is entitled to seniority from the date of joining the transferred post.

7. The clause 10.6 of the said G.O. is extracted hereunder:

“For counting station seniority, actual period of duty in the present posting alone will be counted, excluding period spent on leave like Earned Leave, Medical Leave, Extra ordinary leave, etc., and period of unauthorised absence.”

The said clause only speaks to exclude the leave period or unauthorised absence period alone. In the present case, the writ petitioner was granted relieving order which is a belated one. Even according to the appellants, the service of the writ petitioner was necessary, hence the appellant had retained the writ petitioner in Nilgiris and the said decision was taken in the interest of public. But such decision cannot affect the writ petitioner's valuable right of seniority. Further, it is not the mistake of the writ petitioner. Infact the writ petitioner was ready and willing to serve in the transferred post at Virdhunagar. It is