IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 8TH OCTOBER 2010 / 16TH ASWINA 1932 WP(C).No. 28009 of 2010(A) -------------------------- PETITIONER(S): --------------- C.V.GEETHA , LAST GRADE SERVANT LOCAL FUND AUDIT, KERALA AGRICULTURAL UNIVERSITY, MANNUTHY, THRISSUR. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.S.SUJIN SMT.NITA.N.S. RESPONDENT(S): --------------- 1. THE KERALA SERVICE COMMISSION PATTOM, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY TO GOVERNMENT PERSONNEL & ADMINISTRATIVE REFORMS (RULES) DEPT GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 3. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. ADDITIONAL RESPONDENT: 4. THE DIRECTOR, LOCAL FUND AUDIT DEPARTMENT, VIKAS BHAVAN, THIRUVANANTHAPURAM. (R4 IS IMPLEADE AS PER ORDER IN I.A.NO.13988/2010 DTD.8.10.2010) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.28009 of 2010 ================== Dated this the 8th day of October, 2010 J U D G M E N T The petitioner was advised for appointment as a Peon in the Public Service Commission. She was appointed to the headquarters vacancy in the Regional Office of the PSC at Ernakulam. She was thereafter transferred to Thrissur. After two years of service there, she was transferred to Thiruvananthapuram. Since the petitioner could not make both ends meet if posted at Thiruvananthapuram, the petitioner obtained an inter-departmental transfer to Local Fund Audit Department at Thrisusr, itself. Consequently, the petitioner was posted at Thrissur. Now the petitioner submits that since her posting was at headquarters vacancy, the petitioner can stake a claim for service benefits taking into account the service in the PSC as well for the purpose seniority in the Local Fund Audit Department. The petitioner seeks the following reliefs: “(i) To issue a Writ of Mandamus or any other appropriate Writ, order of direction, directing the respondents to grant seniority to the petitioner taking into account the service put in by her as last grade servant under the Kerala Public Service Commission and pass appropriate orders: (ii) To issue a Writ of Mandamus or any other appearance Writ, order or direction, directing the respondents to consider Ext.P3 representation submitted by the petitioner in accordance with law.” 2. The learned standing counsel for the Public Service w.p.c.28009/10 2 Commission would contend that there is no district-wise appointment in the PSC and all appointments are State-wise. 3. Whatever that be, the petitioner's claim in respect of her appointment in the PSC cannot now govern the seniority in the Local Fund Audit Department, since the petitioner has requested for an inter-departmental transfer to the Local Fund Audit Department and consequentially, as per the conditions prescribed inter-departmental transfer, the petitioner can join in the Local Fund Audit Department only as the junior-most since that is the specific condition under which, inter-departmental transfer has been given to the petitioner. There is no way the petitioner can now seek seniority based on the period of service put in in the PSC Department. As such, I do not find any merit in the writ petition and accordingly, the same is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge