Supreme Court Judgment related to seniority dispute between employees originally in Kerala’s Directorate of Medical Education (DME) and those absorbed from the Directorate of Health Services (DHS). The absorption occurred due to a policy decision to abolish a “dual control” system, where some staff in medical colleges remained under DHS despite the administrative authority shifting to DME. The central issue is whether the absorbed employees, who exercised an option to join DME, should have their seniority calculated from their original appointment date in DHS (as argued by absorbed employees and initially by a single judge) or from their date of joining DME (as argued by original employees and the High Court’s Division Bench). The judgment examines the relevant Kerala State and Subordinate Service Rules, 1958, particularly Rule 27, and government orders to determine if the absorption was a “transfer on request” (which would reset seniority) or a transfer by absorption due to administrative necessity.
Kerala State and Subordinate Service Rules, 1958, Rule 27(a) and Rule 27(c) – Rules for filing option by the staff, on abolition of dual control systems, Appendix I of the G.O. dated 25.10.2008, Rule 8 – Kerala Service Rules (KSR), 1959, Rule 36 – Service Law – Inter se seniority – Absorption – Employees who were working in the Directorate of Health Services (“DHS”), later absorbed on furnishing option as demanded, in the Directorate of Medical Education (DME) – Whether the option exercised by DHS employees to join DME pursuant to a policy decision of the State of Kerala ought to be considered as an option for absorption or a request for transfer under proviso to Rule 27(a) of KS&SS Rules and in that situation, the inter-se seniority of such employees in the DME shall be reckoned from which date? – Division Bench held that once an employee has furnished his/her option, it should be termed as ‘inter- departmental’ transfer on ‘request’, hence, proviso to Rule 27(a) of Part II of KS&SS Rules will be attracted – The said proviso contemplates that seniority of such employees can be determined with reference to his/her date of joining duty in DME – Held that the transfer of appellants–absorbed employees was by way of absorption as per the policy decision of the Government of Kerala and it would not fall within the purview of proviso to Rule 27(a) of KS&SS Rules – The appellants exercised the option for absorption by transfer from DHS to DME in line with the policy decision taken by Government of Kerala and not on their own volition – Such being the situation, it cannot be considered as a case of transfer based on voluntary choice or own request – Their seniority and inter-se seniority shall be maintained as per Rule 27(a) and 27(c) of Part II of KS&SS Rules read with clarificatory letter dated 24.04.2010 with reference to Rule 8 of Appendix I to G.O. dated 25.10.2008 – Findings recorded by the Division Bench reversing the judgment of learned Single Judge held to be without due consideration of the material placed and based on wrong interpretation of rules – Therefore, such findings and the judgment stand set-aside.
(Para 52 and 53)
Geetha V.M & Ors. V. Rethnasenan K.& Ors.
Supreme Court: 2025 INSC 33: (DoJ 03-01-2025)
