The Hindu : Karnataka / Bangalore News : `Seniority should be retained in appointments by transfer of service'

Online edition of India's National Newspaper
Monday, Mar 13, 2006

Karnataka

Karnataka - Bangalore

`Seniority should be retained in appointments by transfer of service'

Staff Reporter

BANGALORE: The Karnataka Administrative Tribunal (KAT) has held that the appointment by transfer of service under Rule 16 (a) (2) of the Karnataka Civil Services Rules, 1977, should not wipe out the service put in a previous cadre when questions of seniority and promotion are considered in the transferred cadre.

A Division Bench comprising Chairman A.V. Srinivasa Reddy and Administrative Member P. Kotalinganagoud allowed applications by H. Shankarappa and T.S. Dakshina Murthy, deputy directors in the Department of Kannada and Culture. It held that the applicants were entitled for the benefits of promotion and seniority in the transferred cadre.

The applicants were working in the Department of Public Instruction and were deputed to work in the Department of Kannada and Culture. Thereafter, they were appointed by transfer of services by invoking the provisions under Rule 16 (a) (2) of the Karnataka Civil Services Rules (General Recruitment), 1977.

However, their appointments were not treated to have been made in the interest of public service but at their own request.

The applicants had challenged this and moved the tribunal.

Allowing the applications, the tribunal said the Government order of December 9, 1996 and the communication of January 22, 1997 issued by the Department of Kannada and Culture was quashed. It directed the Department to treat the absorption of the applicant's services as having been done in public interest.

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