MAHARASHTRA STATE ELECTRICITY BOARD Vs. RAMA RAJARAMJI WADEKAR

JUDGEMENT

(1.) This is an appeal by the Maharashtra State Electricity Board assailing the judgment of the Bombay High Court dated 16-4-1996.

(2.) The short question that arises for consideration in this appeal is, whether a Sub-Engineer who seeks transfer from one cadre to the other and gets such a transfer, would be entitled to claim seniority in the transferred cadre by reckoning the past services rendered in the earlier cadre into account.

(3.) It is not disputed that under the Maharashtra State Electricity Board the Sub-Engineers were in different Circles and Sub-Engineers of each Circle constitute a cadre by itself. It is also not disputed that prior to 21-10-1980 the seniority of such Sub-Engineers was on Circle level which fact has also been stated in the impugned judgment of the High Court. The two respondents while seeking transfer from their original Circle to Akola Circle, themselves indicated to the employer that they are ready and willing to lose their seniority in case they are transferred to the new Circle and the authorities while considering their request for transfer, categorically stated that their seniority will be determined in accordance with Regulation 21 (a) of the maharashtra State Electricity Board Employees' Seniority Regulations, 1961 (for short "the Regulations"). The High Court, however, not applying its mind to the relevant provisions of the Regulations and, on the other hand, on a misreading of Regulation 21 (a) , came to the conclusion that the said regulation will have no application and the respondents have not changed their cadre and consequently the High Court allowed the prayer of the respondents, directing that their seniority should be determined taking into account the entire length of service notwithstanding the fact that they were transferred from one Circle to the other on their own requests.