In a significant judgment, the Himachal Pradesh High Court addressed the issue of whether an employee can claim seniority in a new department when their transfer order explicitly states that prior service will not be counted. The court's decision underscores the importance of adhering to the conditions set forth in transfer orders and the implications of such conditions on an employee's service benefits.
Background of the Case
The case involved Yashwant Manhodtra, who was initially appointed as a Copyist in the Civil and Sessions Division, Kullu, on December 30, 2016. On June 2, 2018, he was transferred to the High Court Registry. At the time of his transfer, the order explicitly stated that his previous service in the Kullu division would not be counted for seniority purposes in the High Court Registry. Despite this, Manhodtra applied for a translator position within the High Court Registry, which required candidates to have at least five years of service in the Registry as of the cut-off date, September 20, 2022.
Manhodtra argued that in a similar case, a Junior Office Assistant transferred from the Civil and Sessions Division, Solan, had his contractual service considered for service benefits upon transfer to the High Court Registry. However, the High Court rejected his application, stating that his transfer order clearly forfeited his prior service, making him ineligible for the translator position.
Court's Analysis and Decision
The court, comprising Justices G.S. Sandhawalia and Ranjan Sharma, examined the terms of Manhodtra's transfer order and noted that it explicitly stated that his earlier seniority would be forfeited. The judges emphasized that once such a condition is stipulated, the employee cannot claim seniority in the new department based on previous service. They observed:
“Once the condition provided that earlier seniority would be forfeited, the claim for seniority in future could not have been made. If such a course is provided, it would amount to making ineligible's as eligible and the said post being filled up by a person who would not be eligible at the time of cut-off date leading to heart burning.”
The court further highlighted that allowing such claims would undermine the purpose of the eligibility criteria, which are designed to ensure fairness and transparency in the recruitment process. By adhering to the conditions set forth in the transfer order, the High Court maintained the integrity of its recruitment procedures and upheld the principle that terms and conditions of employment, including those related to transfers, must be respected.
Implications of the Judgment
This ruling has significant implications for government employees seeking to transfer between departments or divisions. It reinforces the principle that transfer orders are binding and that employees must comply with the terms specified therein. Specifically, if a transfer order explicitly states that prior service will not be counted for seniority or other benefits, employees cannot later claim those benefits based on that prior service.
The decision also underscores the importance of clarity in transfer orders. Employers must ensure that the terms and conditions of transfers are clearly articulated to avoid disputes and ensure that employees are fully aware of the implications of their transfer. For employees, it serves as a reminder to carefully review and understand the terms of any transfer orders before accepting them, as these terms can have long-term consequences on their career progression and benefits.
Conclusion
The Himachal Pradesh High Court's decision serves as a critical reminder of the binding nature of transfer orders and the conditions they impose on employees. By upholding the forfeiture of prior service for seniority purposes, the court has reinforced the importance of adhering to the terms and conditions set forth by employers. This judgment not only clarifies the legal standing of such conditions but also promotes fairness and transparency in the management of government services.
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