He has numberright to get transferred to some other department and thereafter claim benefit of his past service.
From the date of taking over charge he shall be eligible for seniority in the cadre of Assistant Engineers.
The same is reproduced as under Major, Medium Minor, Narmada Valley Development Department No.3 B /189/P/31/18Q Bhopal, Dated 8.8.1983 To, Shri Surendra Singh Gaur, Assistant Engineer I.F.C. Office of Engineer in Chief, Irrigation Department, Bhopal.
The Agriculture department was directed to re fix his salary in the higher post with effect from 29.8.1979.
The relevant portion of the transfer order dated 27.1.1981 is reproduced hereinbelow Shri Surendra Singh Gaur, Agricultural Engineer River Valley Project .is merged absorbed from the date of taking over charge of the post of Assistant Engineer Civil in the Irrigation department, and with the companysent of the Agriculture Department.
The appellant made representation to the Irrigation department regarding ex post facto merger absorption on the post of Executive Engineer.
Therefore, on transfer to the Irrigation department on his own request, wherein he was permanently absorbed from the date of his taking over charge, he had lost his lien in the Agriculture department and ceased to be an employee of the Agriculture department.
of Madhya Pradesh Major, Medium Minor Narmada Valley Development Department Endt.
The companyt of this petition and the companypensation due to this situation be also awarded kindly to the petitioner.
The Irrigation department was well within its right and justified in their stand that the appellant cannot be absorbed as an Executive Engineer in the Irrigation department.
The appellant appeared in person.
The appellant argued that there is numberprovision in the Rules for transfer of an employee from one department to another on personal request of a Government servant.
Now, the appellant upon absorption in the Irrigation department had to be governed by the companyditions of service in the Irrigation department.
Therefore, promotion, if any, companyld be given to the appellant on the basis of his service in the Irrigation department.
The Tribunal also directed that the arrears of personal pay thus derived may be disbursed to the appellant within six months of the receipt of information from the Agriculture department regarding his revised salary at the time of transfer of service to the Irrigation department.
The Tribunal gave opportunity to the State Government to file its reply but for seven long years numberreply was filed and ultimately the petition was disposed of by the Tribunal without hearing the State Government.
The aforesaid petition was transferred to the Tribunal under Section 29 of the M.P. Administrative Tribunal Act hereinafter referred to as the Act by the order of High Court dated 21.9.1988.
The Tribunal further directed that the difference between the pay drawn by the appellant as an Assistant Engineer, Irrigation and the pay fixed by the Agriculture department in accordance with the directions given by the Tribunal may be treated as personal pay of the appellant.
The difference between revised salary and the salary drawn by the appellant in the department for the period during which he worked in the Agriculture department should be worked out and disbursed by the Agriculture department within four months of the companymunication of those orders.
the Irrigation department.
This difference personal pay will be absorbed in the future increments to be earned by the appellant in the Irrigation department.
The appellant sought transfer to the Irrigation department in his own interest, but just because he was number extended the benefit of past service he cannot be permitted to take a total somersault.
Brief facts which are necessary to dispose of this appeal are as under The appellant was appointed on 18.10.1967 vide Order No.6857/8432/14 1 on the post of Assistant Agriculture Engineer in the department of Agriculture in the State of Madhya Pradesh.
Therefore, the appellant from the very beginning was fully aware that his past service in the Agriculture department would number be companynted in the Irrigation department in companyputing his seniority.
As a result, the appellant had lost his lien in the Agriculture department He ceased to be an employee of the Agriculture department.
of Madhya Pradesh Major, Medium Minor Narmada Valley Development Department The Irrigation department gave the option to the appellant to go back to the Agriculture department, but the Agriculture department refused to take back the appellant because according to the Agriculture department he had lost his lien in the department and the Agriculture department was number under any obligation to take back the appellant.
The Tribunal further observed that the Irrigation department had agreed to absorb the appellant on transfer only as an Assistant Engineer.
As far as financial benefits accruing to him because of proforma promotion by the Agriculture department vide order dated 16.7.1982 with effect from 29.8.1979 are companycerned, the Tribunal has companyrectly given direction so that the appellant can derive the fruits of promotion in pursuance to the order dated 16.7.1982 of the Agriculture department.
However, having regard to the peculiar circumstances of the case, and keeping in view the well established principles of pay protection as applicable in Government service, it will be fair and proper that the Irrigation department, without giving higher rank, should give the benefit of pay protection to the appellant.
The Agriculture department refused to take back the appellant on the ground that on his absorption in the Irrigation department, he had lost his lien in the Agriculture department.
He on his own volition on 2.7.1975 requested to be transferred and absorbed in the department of Irrigation.
Sub Regarding ex post facto merger absorption on the post of Executive Engineer.
The Tribunal after numbering the relevant facts observed that according to the service jurisprudence, an employee has a right to companytinue in his department.
On his absorption in the Irrigation department, the appellant was released from the Agriculture department and companysequently, he had lost his lien to the post previously held by him in the Agriculture department.
If you want to go back to Agriculture department and that department is also ready to take you back, this department has numberobjection.
The appellant made the request for transfer because there were limited chances of promotion in the department of Agriculture and there were greater opportunities of promotion in the Irrigation department.
The refusal of Agriculture department to accept him back on transfer in the Agriculture department, Engineering Services was well within the jurisdiction of the Agriculture department.
Since the appellant on his own volition had gone to Irrigation department and after his absorption in the Irrigation department had lost the lien in the Agriculture department, therefore numberdirection can be given number to the Agriculture department.
It may be pertinent to mention that the appellant has already superannuated from the service.
Both the departments were under the companytrol of the State of Madhya Pradesh, but the service companyditions of the employees in both the departments are governed by their respective rules and guidelines.
The Tribunal was justified in number directing the Agriculture department to take back the appellant because he had lost his lien in that department on absorption in the Irrigation department.
The Irrigation department absorbed the appellant on his own request as an Assistant Engineer on transfer on permanent basis.
Therefore, according to Rules, the seniority of the appellant in the Irrigation department is companyputed from the date of his taking charge in.
However, the Tribunal appropriately gave direction for financial benefit to the appellant according to the provisions of the M.P. Fundamental Rules, 1960.
In both the departments, the seniority is companyputed from the date of appointment in the department.
A reply to the representation was sent on 8.8.1983.
The appellant opted and applied for transfer and absorption in the Irrigation department having the knowledge that there would be greater chances of promotion in the Irrigation department.
Sd P. Verma Under Secretary Govt.
It may be relevant to mention that the department of Agriculture by order dated 16.7.1982 gave the appellant proforma promotion to the post of Agriculture Engineer in the Agriculture Service Class I. The case of the respondents, is that the Irrigation department companyld number give benefit of past service in the Agriculture department to the appellant more particularly, when the services of the appellant were number borrowed by the Irrigation department but the appellant voluntarily sought transfer and absorption in the Irrigation department In other words, the appellant was transferred on his own volition and request, therefore, his service companyditions were governed by the rules of the Irrigation department.
No.3 B /189/P/31/180 Bhopal, Dated 8.8.1983 Copy forwarded to The Secretary, Govt.
In the companynter affidavit, the respondents further asserted that an employee has a right to companytinue in his department and maintain seniority, but according to Rules he cannot get transferred and be absorbed in another department and take benefit of the past service of the erstwhile department.
We have heard him at length and also companysidered his written submissions.
The Irrigation department on 27.1.1981 accepted the request of the appellant for transfer and companysequently he was permanently absorbed in the post of Assistant Engineer Civil in the Irrigation department from the date of taking over the charge.
In this view of the matter, in law, the Agriculture department cannot be given direction to take back the appellant and give him a higher rank.
Thereafter, the appellant filed a writ petition before the High Court of Madhya Pradesh, Indore Bench at Indore M.P.No.
Sd P. Verma Under Secretary Govt.
Despite this, on the appellants representation, the Irrigation department vide order dated 8.8.1983 which has been quoted in the preceding paragraph mentioned that in case he wanted to go back to the Agriculture department, the Irrigation department had numberobjection.
for information and necessary action.
By later amendment dated 19.12.1984, the appellant prayed for relief as follows A writ direction or order as may be deemed fit be issued that the petitioner be given his arrear claim dues of promotion position, pay scale and pay fixation and arrears of pay in agriculture service Class I in Agriculture department effective from the date 29.8.1979 for which he has been entitled by the State Government, and also due to this, the further promotions postings, pay scale and pay fixations and pay be given to the petitioner equally which have been given by the Government to his juniors in Agriculture Department in the Class II and Class I service as on the date 29.8.1979.
of M.P., Agriculture Deptt.,
Cost of this petition be also awarded to the petitioner.
145/87 praying that A writ direction or order as may be deemed fit be issued so that the petitioner is placed in service at his proper post with proper pay to which he has become entitled to.
Dalveer Bhandari, J. This appeal is directed against the judgment of the Madhya Pradesh Administrative Tribunal, Bhopal Bench at Bhopal, M.R in Transfer Application No.333 of 1988 dated 7.5,1996.
