High Court Kerala High Court

C.V.Geetha vs The Kerala Service Commission on 8 October, 2010

Kerala High Court
C.V.Geetha vs The Kerala Service Commission on 8 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 28009 of 2010(A)


1. C.V.GEETHA , LAST GRADE SERVANT
                      ...  Petitioner

                        Vs



1. THE KERALA SERVICE COMMISSION
                       ...       Respondent

2. THE SECRETARY TO GOVERNMENT

3. STATE OF KERALA

                For Petitioner  :SRI.N.N.SUGUNAPALAN (SR.)

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :08/10/2010

 O R D E R
                                S.SIRI JAGAN, J.

                       ==================

                         W.P.(C).No.28009 of 2010

                       ==================

               Dated this the 8th day of October, 2010

                                J U D G M E N T

The petitioner was advised for appointment as a Peon in the

Public Service Commission. She was appointed to the headquarters

vacancy in the Regional Office of the PSC at Ernakulam. She was

thereafter transferred to Thrissur. After two years of service there, she

was transferred to Thiruvananthapuram. Since the petitioner could not

make both ends meet if posted at Thiruvananthapuram, the petitioner

obtained an inter-departmental transfer to Local Fund Audit

Department at Thrisusr, itself. Consequently, the petitioner was posted

at Thrissur. Now the petitioner submits that since her posting was at

headquarters vacancy, the petitioner can stake a claim for service

benefits taking into account the service in the PSC as well for the

purpose seniority in the Local Fund Audit Department. The petitioner

seeks the following reliefs:

“(i) To issue a Writ of Mandamus or any other appropriate Writ,
order of direction, directing the respondents to grant seniority
to the petitioner taking into account the service put in by her as
last grade servant under the Kerala Public Service Commission
and pass appropriate orders:

(ii) To issue a Writ of Mandamus or any other appearance Writ,
order or direction, directing the respondents to consider Ext.P3
representation submitted by the petitioner in accordance with
law.”

2. The learned standing counsel for the Public Service

w.p.c.28009/10 2

Commission would contend that there is no district-wise appointment

in the PSC and all appointments are State-wise.

3. Whatever that be, the petitioner’s claim in respect of her

appointment in the PSC cannot now govern the seniority in the Local

Fund Audit Department, since the petitioner has requested for an

inter-departmental transfer to the Local Fund Audit Department and

consequentially, as per the conditions prescribed inter-departmental

transfer, the petitioner can join in the Local Fund Audit Department

only as the junior-most since that is the specific condition under which,

inter-departmental transfer has been given to the petitioner. There is

no way the petitioner can now seek seniority based on the period of

service put in in the PSC Department. As such, I do not find any merit

in the writ petition and accordingly, the same is dismissed.

Sd/-

sdk+                                              S.SIRI JAGAN, JUDGE

          ///True copy///




                              P.A. to Judge