Tribunal's Orders Set Aside; Seniority of Transferred Employees to Be Based on Joining Date in New Unit
The Andhra Pradesh High Court has delivered a significant ruling regarding the fixation of seniority for government employees transferred upon their own request. In a batch of writ petitions titled "State of Andhra Pradesh v. U.J. Narasimhulu," the division bench comprising Justices Cheekati Manavendranath Roy and Tuhin Kumar Gedela overturned the Andhra Pradesh Administrative Tribunal's orders which had directed seniority to be maintained based on prior service in the original unit.
The case revolved around the seniority rights of police constables who had requested transfers to their native districts prior to the bifurcation of Andhra Pradesh in 2014. The Tribunal had earlier ruled in favor of these employees, citing several government orders that protected the seniority of similarly transferred Sub-Inspectors.
However, the High Court found this interpretation inconsistent with Rule 35(b) of the Andhra Pradesh State and Subordinate Service Rules, 1996. This rule clearly states that the seniority of employees transferred at their own request must be fixed based on the date they join the new unit, without carrying forward the seniority from their previous posting.
The bench emphasized that the rule aims to protect the existing seniority of regular employees in the new unit, preventing any disruption by incoming transferees. It was further noted that the respondents had initially agreed to forgo their seniority in their original units as a condition of their transfer requests.
The court criticized the Tribunal for overlooking the specific provisions of Rule 35(b) and erroneously applying government orders meant for administrative transfers, which protect past seniority. The bench clarified that while past service can be recognized for other service benefits, it cannot influence the seniority hierarchy in the new unit.
The decision reinforces the legal framework governing employee transfers and seniority, ensuring clarity and uniformity in service rules application. The writ petitions were allowed, setting aside the Tribunal's orders, and affirming the correct application of Rule 35(b) for seniority determination.
Bottom Line:
Seniority of employees transferred on their own request to another unit must be fixed from the date of their joining duty in the later unit, as per Rule 35(b) of Andhra Pradesh State and Subordinate Service Rules, 1996. Their past service in the previous unit can be reckoned for service benefits, but not for seniority in the later unit.
Statutory provision(s): Andhra Pradesh State and Subordinate Service Rules, 1996 - Rule 35(b), Rule 35(a).
State of Andhra Pradesh v. U.J. Narasimhulu, (Andhra Pradesh)(DB) : Law Finder Doc Id # 2833603
