1 S.B.CIVIL WRIT PETITION NO.8094/2007 Kishan Lal v. State of Rajasthan & Ors. Date of Order :: 21 st May, 2008 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. K.S.Yadav, for the petitioner. Mr. A.S.Rathore, for the respondents. .... By an order dated 30.10.1979 the petitioner was transferred from B-South Division, Canal Area Development, Rajasthan Canal Project, Rawatsar to Bhakhra Irrigation Circle, Hanumangarh. At his own request, the petitioner, by an another order dated 17.9.1980, was transferred from Bhakhra Irrigation Circle, Hanumangarh to Bikaner Irrigation Circle, Sriganganagar. The respondents are determining seniority of the petitioner in Bikaner Irrigation Circle from the date he joined with the circle aforesaid. The grievance of the petitioner is that his seniority is required to be determined from the date of his initial appointment and not from the date he was transferred to Bikaner Irrigation Circle. As per the respondents the seniority of the petitioner is required to be determined as per proviso 2 XI-a to Rule 27 of the Rajasthan Subordinate Offices Ministerial Staff Service Rules, 1957 (hereinafter referred to as “the Rules of 1957”) (as then applicable). As per the proviso referred above, in the event of transfer from one department to another department at the request of the employee concerned, his seniority is required to be determined from the date he joins the new department. While interpreting the proviso referred above, this Court in the case of State of Rajasthan & Ors. V. Suresh Kumar Chhabra, SBCivil Writ Petition No.859/1993, decided on 8.9.2005 and also in Manohar Lal v. State of Rajasthan & Ors., SBCivil Writ Petition No.2965/1999, decided on 8.9.2005, held that the transfer from one irrigation circle to another irrigation circle is not a transfer from one department to another department, as such seniority of the persons transferred within the department is not required to be determined as per the proviso XI-a to Rule 27 of the Rules of 1957. The judgment given by this Court in the case of Manohar Lal (supra) also stood affirmed by Division Bench of this Court. In the instant matter too the petitioner was transferred from one irrigation circle to another irrigation circle and as such his seniority is not required to be determined as per proviso XI-a to Rule 27 of the Rules of 1957. The petitioner is entitled to 3 get his seniority reckoned from the date of his initial appointment. Accordingly, this petition for writ is allowed. The respondents are directed to revise seniority of the petitioner in the cadre of Lower Division Clerks by reckoning the same from the date of his initial appointment in the Department of Irrigation. No order to costs. ( GOVIND MATHUR ),J. kkm/ps.