Regarding transfer
Suyash Kumar
(Querist) 01 May 2012
This query is : Resolved
Sir,
I am a Junior Engineer in a central Govt.department.I was selected though an examination conducted by Staff Selection Commission on all India basis.Previously my department used to conduct the examination itself for its various commands(regions)over the country & seniority was maintained on the command basis. now the selection process being changed,the seniority is maintained on all India basis.
In this regard i want to know that if i opt for mutual transfer with a junior engineer of another command(region)will there be any seniority loss?
Your kind suggestions will be very helpful to me.
Guest
(Expert) 01 May 2012
Of course, you will lose seniority on command to command level only if the other person for mutual transfer is junior in seniority to you, but not if he is senior to you. That is just for the purpose of command level local promotions, etc. , if seniority rules are framed like such. But on all India basis the seniority would remain intact.
K.S.Srinivas
(Expert) 02 May 2012
I agree with the expert PS Dhingra
R.RAJENDRAN
(Expert) 02 May 2012
It would be relevant to note the decision of the Hon'ble Supreme Court in
P.U.Joshi Vs. Accountant General, (2003) 2 SCC 632, wherein the Hon'ble Supreme Court held that there is no right in any employee of the State to claim that rules governing conditions of his service should be forever
the same as the one when they entered service for all purposes and except for ensuring or safeguarding rights
or benefits already earned, acquired or accrued at a particular point of time, a government servant has no right
to challenge the authority of the State of amend, alter and bring into force new rules relating to even an existing service.
In your case, as stated by you the seniority is maintained on command level basis. In view of this position, your seniority will be adjusted to the situation in the command level to which you have opted for transfer on mutual transfer basis, as per the rules.
