The Tribunal in denying the relief of seniority claimed by the appellant in the Labour Department by taking into account services rendered by the appellant under the Revenue Department relied upon the fact of appellant joining the Labour Department and came to the companyclusion that he willingly joined the Labour Department even after knowing the companydition that his seniority in the Labour Department in the cadre of Senior Auditor will be determined on the basis of taking his services as a Senior Auditor in the Labour Department itself and number taking his past service into account.
Mr. Das, the learned companynsel appearing for the appellant challenged the companyclusion of the Tribunal on the ground that the appellant had never joined the Labour Department willingly but on the other hand, he was forced to join numberwithstanding his unwillingness to join the Labour Department, by letter dated 6.11.1970.
The appellant then filed a Representation challenging his seniority as shown in the Gradation List of Senior Auditors in the Labour Department and shortly thereafter he was transferred to the Directorate of Employees State Insurance Scheme.
The appellant was appointed initially in the year 1956 as a Sevak in the Tribal and Rural Welfare Department and then later on was appointed as D. Clerk in the District Welfare Office, Phulbani.
He was relieved by the Revenue Excise Department on 7.11.1970.
But the Labour Department insisted that the appellant cannot claim his seniority in the Labour Department.
The Tribunal by the impugned order set aside the order dated 26.4.1977, transferring the appellant to the Directorate of ESI and further directed that he would be treated as Senior Auditor of the Labour Department, but his claim of seniority as Senior Auditor, in the Labour Department was number granted.
In the year 1970 the Labour Employment Housing Department issued a requisition to all the Government Departments for sending the names to fill up the post of Senior Auditor in the Labour Department.
Prior to his companyfirmation as Upper Division Clerk he was further promoted to the post of Senior Auditor, Board of Revenue, Cuttack on being recommended by the Collector Phulbani and on being selected.
When the tentative Gradation List of Senior auditors was prepared by the Labour, Employment Housing Department inviting objections, the appellant filed his objection as his past services had number been taken into account.
In other Words his earlier services a Senior Auditor Under the Revenue Department was number taken into account for the purpose of his seniority in the cadre of Senior Auditor under the labour Department.
The appellant expressed his unwillingness to join the new department but numberwithstanding the same the employer Revenue Department relieved him by order dated 7.11.1970.
The final Gradation List was published by the Labour Department on 25th March, 1977 and appellant was shown junior to the respondents.
The appellant was selected for being absorbed in the Labour Department and he was asked to offer his willingness by Revenue Excise Department by letter dated 31.10.1970.
The appellant then filed a Representation to the Labour Department claiming his seniority by taking into account his services as a senior auditor for the date he has been so appointed in the Board of Revenue, Orissa, Cuttack but the Labour Department did number accept his request number even companymunicated any refusal to him.
Appellants name was also sent alongwith others by the Revenue Department.
Appellant then filed a Representation challenging his seniority as well as his transfer to the ESI Scheme but having failed in this attempt filed a Writ petition in the Orissa High companyrt and the same Writ Petition stood transferred to the Administrative Tribunal and finally was disposed of by order dated 21.7.1987.
The appellant expressed his unwillingness to join the new department but numberwithstanding they same the employer Revenue Department relieved him by order dated 7.11.1970 and the appellant was forced to join the Labour, Employment Housing Department.
From the post of LD Clerk he was promoted to the post of Upper Division Clerk in April 1961 and was companyfirmed on that post in April 1969.
Later on his services were transferred to the Revenue and Excise Department, Bhubaneshwar as a Senior Auditor where he was companytinuing with effect from 1.8.1967.
166 of 1986 of the appellant is under challenge in this appeal.
B. PATTANAIK, J. The order date 21st of July 1987 passed by the Orissa Administrative Tribunal dismissing the Transferred Application No.
