Employees who agree to forego their seniority during a request transfer cannot subsequently reclaim it under the Tamil Nadu Ministerial Service Rules, as per court interpretation.

C O M M O N J U D G M E N T

(Made by R.VIJAYAKUMAR,J.)

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 being transferred from one division to another division on request transfer, after having expressed their willingness to forego seniority, will not be entitled to retain or restore their seniority in the transferred division. Challenging the same, the petitioners have filed the above said writ petitions.

4.The writ Court after considering the submissions made on either side, had relied upon Rule 20 of the Special Rules for Tamil Nadu Ministerial Service and proceeded to hold that the petitioners having been transferred within the Commercial Taxes Department and not from one department to another department, the question of surrendering or forgoing of seniority would not arise.

5.On the above said observations, the writ Court had allowed the writ petitions and directed the authorities to restore their original seniority that were conferred upon them in their original place of appointment. Challenging the same, the State has filed the present writ appeal.

(A)Facts leading to the filing of the present writ appeals are as follows:

6.The petitioner in WP(MD).No.2656 of 2013 (WA(md).No.4 of 2020)

was appointed as a Typist in the Commercial Taxes Department at Thanjavur falling within Trichy Division on 03.01.1997. He was promoted as an Assistant on 16.06.2006. He had addressed a representation on 31.01.2007 to transfer himself to Madurai Commercial Taxes Division. The authority had forwarded the said representation to the Tamil Nadu Public Service Commission on 19.07.2008 and after obtaining concurrence from the Commission, the transfer order was passed on 20.05.2009. Therefore, he had challenged the order of transfer dated 20.05.2009 with regard to the portion wherein he was asked to forgo his seniority.

7.The petitioner in W.P(MD).No.2567 of 2013 (WA(md).No.22 of

2020) was originally appointed as Junior Assistant through Tamil Nadu Public Service Commission on 11.10.1994 to Trichy Commercial Taxes Division. Subsequently, she was promoted as Assistant on 09.06.2006. She made a representation on 30.04.2007 seeking transfer to Madurai Commercial Taxes Division. The said request was acceded to after getting concurrence from the Tamil Nadu Public Service Commission and transfer orders were passed on 03.10.2008 with a condition that she should forego her seniority.

The portion of the order of transfer which directs the petitioner to forego her seniority is put to challenge.

8.The petitioner in W.P(MD).No.2658 of 2013 (WA(md).No.615 of

2020) was originally appointed as as Junior Assistant through TNPSC on 05.03.1998 and allotted to Tirunelveli Commercial Taxes Division. He was promoted as Assistant on 31.05.2006. He submitted a representation on 25.07.2007 request one way transfer to Madurai Division. Her application was accepted and after getting concurrence from TNPSC an order of transfer was passed on 09.03.2009. The portion of the said order which directs the petitioner to forego her seniority was put to challenge.

9.It was contended by the writ petitioners before the writ Court that their appointment is through TNPSC and their seniority is a State wise seniority. Their transfer was not from one department to another department, but within the Commercial Taxes Department from one division to another division. Therefore, the question of foregoing their seniority on being transferred from one division to another division (falling within the same department) would not arise.

10.They h