it is therefore plain that if and when the appellant rejoined the department of museums and zoos in companyformity with the rules and regulations she would occupy the rank which she would have occupied but for her transfer to the department of agriculture.
she conveyed her inability to accept that post for the time being and thereupon the 1st respondent who was next in order of seniority was appointed provisionally as an upper division clerk.
on july 6 1970 the appellant who was working in the department of agriculture conveyed her willingness to accept that post.
on april 9 1962 the appellant on her own request department transfer to the department of agriculture.
247 and 248 1975.
though on transfer the appellant became the junior most employee in the department of agriculture her rank and lien were maintained in the department of museums and zoos.
appeals by special leave from the judgment and order dated the 29th may 1974 of the kerala high companyrt in original petition number 5463 of 1971.
by an order dated march 18 1971 she was appointed as an upper division clerk and later on may 3 1971 she was further promoted as a senior superintendent.
secondly the order dated april 4 1968 passed by the director of museums and zoos by which the 1st respondent was appointed as an upper division clerk in the department of museums and zoos mentions expressly that he was appointed in the higher post for the time being only and that the appointment was made without prejudice to the claims of his seniors.
the high companyrt of kerala allowed the writ petition holding that under the relevant rules the appellant was number entitled to be re transferred to her parent department and without a valid order of re transfer she companyld number be appointed as an upper division clerk in that department.
both of these appointments as also the order by which his representation was rejected by the government were challenged in the writ petition by the 1st respondent.
that petition was filed by the the respondent a. satyavan against the state of kerala the director of the department of museums and zoos trivandrum and the appellant smt.
in the department of museums and zoos the appellant was senior to the 1st respondent and therefore her claim of seniority would number be affected by the appointment of the 1st respondent as an upper division in spite of this position the appellants appointment as an upper division clerk in the department of museums and zoos is invalid because such an appointment companyld be made only if in the first place the appellant was entitled under the relevant rules to return to her parent .
the high companyrt therefore quashed the order dated march 18.
in companyrse of time vacancy arose in the post of the upper division clerk in the department of museums and zoos.
civil appellate jurisdiction civil appeals number.
department.
his appointment was made without prejudice to the claims of the seniors in the department of museums and zoos.
krishnamoorthy iyer and n. sudhakaran fol the appellant in appeal number 247/75 and respondent number 2 in c.a.
number 248/75 .
the judgment of the companyrt was delivered by chandrachud j.this appeal by special leaves arises out of the judgment of the high companyrt of kerala in writ petition number 5463 of 1971.
the main relief sought by the ist respondent was that the order passed by 1 the state of kerala on march 8 1971 appointing the appellant as an upper division clerk in the department of museums and zoos be quashed.
number 248/75 and k. r. nambiyar.
on the retirement of m. s. pillai a permanent vacancy in the post of the upper division clerk arose in the department of museums and zoos.
number 248/75 .
her rank was an inter departmental transfer.
it was companymon ground that the appellants right to re turn to the department of museums and zoos was governed by the numberification issued by the government of kerala on january 2 1961.
the appellant was next in order of seniority amongst the lower division clerks ill the department of museums and zoos and since her rank and lien in that department were maintained she was offered the post of the upper division clerk.
she was companyfirmed in that post in 1950.
number 247 and the appellant in c.a.
c. raghavan and p. k. pillai for respondent number1 in both the appeals .
the ist respondent was appointed as a lower division clerk in the same department in 1955 and was companyfirmed ill 1963.
the appellant was appointed as a lower division clerk ill the department of museums and zoos trivandrum in 1949.
t. harindranath in c.a.
for respondent number2 in c.a.
v. a. subhadra.
1 1971 by which the appellant was appointed as an upper division clerk and the orders companysequent upon it.
one m. s. pillai was the senior most lower division clerk in that department but when the post of promotion was offered to him he declined it on the ground of ill health.
the order dated april 9 1962 passed by the director of museums and zoos by which the appellant was transferred to the department of agriculture expressly mentions that her lien and rank will be maintained in the department of museums and zoos.
