KAMAL SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) SHRI V.S. Chaturvedi, Shri R.P. Singh, Shri Nitin Agarwal, Advocate for the petitioners.

(2.) PETITIONERS in all these cases are working as Rural Agriculture Extension Officer or Rural Horticulture Extension Officer and feel aggrieved by a common order vide Annexure -P/1 dated 31 -7 -2003 by which they are transferred from one place to another. The main contention of all these petitioners are that, their seniority is maintained at divisional level and their transfers out of the division would mean loss of seniority adversely affecting their chance of promotion. Inviting my attention to a particular clause in the impugned order Annexure -P/1 dated 31 -7 -2003, learned counsel for the petitioners submitted that option is being called for and petitioners are being compelled to give up their seniority at the divisional level and it is indicated that they would be placed at lower seniority in the place of transfer. That apart referring to the provision of Recruitment Rules, Schedule 4 and note 3 thereto it is argued that seniority in the cadre is maintained divisionwise and transfer of the petitioners out of the division is not permissible. The main grievance of the petitioners is that on their transfers from one division to another there would be adverse effect on their seniority and finally chances of promotion. Referring to a circular issued by the State Government in this regard vide Annexure -P/4 it was submitted by learned counsel that even in the year 1994 option were called for and as the petitioners opted to remain in the division they cannot now be transferred out of the division contrary to the aforesaid provisions.

(3.) HAVING heard learned counsel for the parties and perused the record, I find no substance in these petitions. 1995 MPLJ 545, in the aforesaid case petitioners who were working in the District Courts were transferred from one district to another, seniority of the employees were maintained districtwise and the argument advanced was that transfer from one district to another would adversely affect their chances of promotion. Considering the aforesaid argument, it has been held by the Division Bench that transfer being a condition of service a employee is liable to transfer from one district to another and on such transfer the employee carries with his seniority in the previous district without any loss for the service rendered in the previous district. In the case of Dhaniram Ahirwar (supra) arguments as were advanced on behalf of the petitioners are indicated in para 3 of the judgment, submission No. (iii) was as under: