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