Govt Employee Transferred By Way Of Absorption To Another Department Can Retain Seniority Of Previous Dept : Supreme Court
6 days, 5 hours ago

Govt Employee Transferred By Way Of Absorption To Another Department Can Retain Seniority Of Previous Dept : Supreme Court

Live Law  

The Supreme Court held that employees who are transferred on absorption to another department are entitled to retain the seniority of their previous department as per the Kerala State and Subordinate Service Rules. The Court held that the proviso to Rule 27 of the KS & SSR, which hold that previous seniority cannot be claimed when an employee is transferred on request, won't apply to transfer on absorption. The Supreme Court pointed out that the proviso does not include transfer due to administrative exigencies or by way of absorption under the government's policy decision within its ambit. “The said absorption was in furtherance to a policy decision of the Government to abolish the dual control system enhancing the efficiency of the administration of medical colleges and attached hospitals thereto giving it to DME withdrawing from DHS…” The Court concluded that the action taken in public interest due to administrative exigency even on option is different than the action done on request.

Kerala Supreme Court Court Public Interest Employees Transfer Seniority Department Employee Rule Dhs Request Absorption Proviso Dme  dme  court  kerala  employee  retain  rule  absorption  govt  employees  seniority  request  department  transfer  transferred  dept  proviso  supreme  previous  way

History of this topic

Transfer Of Govt Employee On Request Can't Be Termed Transfer In Public Interest Or Administrative Exigencies : Supreme Court
6 days, 1 hour ago

Transfer Of Govt Employee On Request Can't Be Termed Transfer In Public Interest Or Administrative Exigencies : Supreme Court

Live Law  

The Supreme Court has observed that the transfer of an employee is an incidence of service if it is in public interest. Simultaneously, if employee makes a request due to some hardship and if the authority or the Government as the case may be is satisfied, it may post such employee as per request, but such transfer cannot be termed …

Seniority of Transferred Employee In Region Counted From Transfer Date, Not From Date Of Joining: Madras High Court
8 months ago

Seniority of Transferred Employee In Region Counted From Transfer Date, Not From Date Of Joining: Madras High Court

Live Law  

A single bench of the Madras High Court comprising Justice Mummineni Sudheer Kumar, while deciding Writ Petitions in the case of C. Subramani vs. Additional Chief Secretary to Government, Transport Department, held that when an employee changes regions and accepts the lowest administrative rank, their seniority in the transferred region is counted from the transfer date, not the original date …

Kerala High Court Digest 2023: Labour & Service Laws
1 year ago

Kerala High Court Digest 2023: Labour & Service Laws

Live Law  

Pension Schemes Under KTWWF Act & Kerala Dairy Farmers' Welfare Fund Act Do Not Prohibit Membership Of Two Different Welfare Funds: Kerala High Court Case Title: Sadanandan K.S. Such control is exclusive in nature, comprehensive in extent and effective in operation.” Transfer Of Employee To Maintain Internal Harmony In Organization Not Punishment, Enquiry Not Required: Kerala High Court Case Title: …

Retired Employees Can't Claim Benefit Of Subsequent Govt Decision To Increase Retirement Age : Supreme Court
1 year, 4 months ago

Retired Employees Can't Claim Benefit Of Subsequent Govt Decision To Increase Retirement Age : Supreme Court

Live Law  

The Supreme Court has dismissed a petition filed by a group of teachers in Homeopathic Medical Colleges in Kerala seeking increase of their retirement age from 55 years to 60 years at par with the teachers of other Medical Colleges.The appellants approached the Supreme Court in 2010 challenging the refusal of the Kerala High Court to grant them relief. The …

Kerala High Court Directs KSRTC To Look Into Anomalies In Pay Scale Between Senior & Juniors Promoted To Same Post
2 years, 4 months ago

Kerala High Court Directs KSRTC To Look Into Anomalies In Pay Scale Between Senior & Juniors Promoted To Same Post

Live Law  

The Kerala High Court recently observed that where there is an anomaly between the pay scale drawn by a senior and a junior in service, particularly when both had been promoted to the same post, albeit from different levels, the competent authority would have to engage its mind as to the circumstances up to the same. However, vide its impugned …

Supreme Court Dismisses Plea To Enhance Retirement Age Of College Faculty As 65 Yrs
2 years, 5 months ago

Supreme Court Dismisses Plea To Enhance Retirement Age Of College Faculty As 65 Yrs

Live Law  

The Supreme Court on Tuesday dismissed an appeal which sought a direction to enhance the retirement age of college teachers as 65 years in State of Kerala as per a recommendation made by the University Grants Commission in 2010.A bench comprising Justices Indira Banerjee and Justice JK Maheshwari affirmed the view taken by the Kerala. A bench comprising Justices Indira …

Supreme Court Pulls Up State Of Kerala For Challenging Seniority Of Upper Division Clerk
2 years, 8 months ago

Supreme Court Pulls Up State Of Kerala For Challenging Seniority Of Upper Division Clerk

Live Law  

The Supreme Court on Friday pulled up the State of Kerala for filing a Special Leave Petition assailing Kerala High Court's order of affirming the seniority of an upper division clerk. "In the case of an upper division clerk who has been given seniority, is there for SC to interfere? When the matter was called for hearing, Justice DY Chandrachud …

Can Associate Professors Be Demoted For Lack Of Ph.D? Supreme Court Issues Notice
3 years, 6 months ago

Can Associate Professors Be Demoted For Lack Of Ph.D? Supreme Court Issues Notice

Live Law  

The Supreme Court on Friday issued notice on a special leave petition challenging a Kerala High Court judgment which held that Ph.D is mandatory for Associate Professor posts in technical institutions after 05.03.2010 as per AICTE regulations. The bench headed by Justice Kaul was hearing the challenge to the impugned judgment dated 03-12-2020 whereby a Division Bench of the High …

Supreme Court Issues Notice To Kerala Govt On Plea To Fix Retirement Age As 60 For All Govt Servants
4 years, 1 month ago

Supreme Court Issues Notice To Kerala Govt On Plea To Fix Retirement Age As 60 For All Govt Servants

Live Law  

The Supreme Court on Thursday issued notice to the State of Kerala on a plea seeking to fix the retirement age of government servants in Kerala as 60 years.A bench led by Justice D Y Chandrachud issued notice on the special leave petition Saju Nambadan and another v State of Kerala and others which challenged the amendments brought to the …

'Empanelled Employees Cannot Continue Beyond 180 Days', Kerala HC Directs KSRTC To Relieve All Empanelled Drivers By April 30 [Read Judgment]
5 years, 9 months ago

'Empanelled Employees Cannot Continue Beyond 180 Days', Kerala HC Directs KSRTC To Relieve All Empanelled Drivers By April 30 [Read Judgment]

Live Law  

The High Court of Kerala today directed that the empanelled drivers of Kerala State Road Transport Corporation should be relieved by April 30.This is following the earlier order of the High Court directing the removal of empanelled conductors of KSRTC, holding that they cannot continue beyond 180 days and that the vacancies existing beyond that period should be filled up …

Discover Related