(1.) Whether an inter-departmental transferee, transferred within five years of a districtwise recruitment, would be entitled to retain the seniority based on the date of advice is the question to be considered in this case. The answer depends on the interpretation of the 4th proviso and Note thereunder to Rule 27(a) of the Kerala State and Subordinate Service Rules.
(2.) On the basis of the position in the ranked list for appointment to the post of Lower Division Clerks in various Departments in Pathanamthitta district, the petitioner was advised against the Headquarters vacancy in the Directorate of Medical Education, Thiruvananthapuram as per Ext.Pl advice dated 8-10-1986 by the Pathanamthitta District Office of the Public Service Commission. According to the petitioner the Directorate of Medical Education did not have a District Unit at Pathanamthitta. Since the posting of the petitioner at Thiruvananthapuram against Headquarters vacancy was without his consent and since the Unit of appointment sought by the petitioner was Pathanamthitta, petitioner on his request was granted an inter-departmental transfer to the Revenue establishment at Pathanamthitta on 21-2-1990 and thereafter he was absorbed in the Rural Development Department. According to the respondents, since the petitioner got an inter-departmental transfer before completion of five years of original advice, he is not entitled to retain his seniority, in view of G.O.(MS)4/61/PD dated 2-1-1961.
(3.) Rule 27 of the Kerala State and Subordinate Service Rules deals with seniority. Rule 27(a) provides that "seniority of a person in a service, class, category or grade shall, unless he has been reduced to a lower rank as punishment, be determined by the date of the order of his first appointment to such service, class, category or grade." The 4th proviso under Rule 27(a) of the Rules reads as follows: