SANIM SHAH Vs. STATE OF KERALA

JUDGEMENT

(1.) We are in this case concerned with the interpretation of R.10 read with R.17(d) of the Kerala Last Grade Service which deals with transfer on request from one Department to another Department of the State.

(2.) Petitioner commenced service as a Peon in the General Education Department on 19.11.1999. While he was an approved probationer in the General Education Department he has sought for a transfer to the Technical Education Department vide Ext.P1 order dated 14.3.2005. Petitioner was accordingly transferred as Peon to the Technical Education Department and he joined the Technical Education Department as Peon on 23.3.2005. In the order granting transfer it was stated that petitioner had to complete probation for a period of one year from the date of joining duty. But he had already completed his probation in the category of Peon in the General Education Department. Petitioner then approached the second respondent against condition imposed in Ext.P1. His request was turned down vide Ext.P6 order dated 31.3.2006. Petitioner then took up the matter with the Government. Government vide Ext.P7 order partly accepted the petitioners request and ordered that petitioner need not undergo probation again since he had already completed probation in the category of Peon in the General Education Department. However, it was ordered that petitioner would have to be ranked below probationers, approved probationers and full members in the Technical Education Department. Aggrieved by the same petitioner has approached this court.

(3.) Learned single Judge interpreting R.17(d) took the view that petitioner has to forego the right to seniority based on R.14 and that he would have to take his rank as last in the list of probationers, even though he had completed his probation in the category of Peon in Education Department. Learned single Judge was of the opinion that it would be inconsistent with the purport of R.17(d) to allow a person who seeks a request for transfer to lay a claim for seniority over a probationer in the new Department, who in fact would be entitled to lay claim to seniority in terms of R.14 on the basis of his first appointment.