Facts
The appellant, an Assistant Surgeon, challenged a revised transfer-counselling seniority list that gave the sixth respondent priority for posting at Ramanathapuram.
Source reference: pp. 2–5, 6Both had been transferred on 16 August 2023, but the sixth respondent was relieved only on 25 October 2023 and joined the next day.
Source reference: pp. 2–5, 6In earlier proceedings, the sixth respondent obtained a direction to count her seniority from the transfer date; that direction was affirmed in W.A.(MD) No. 1366 of 2024.
Source reference: pp. 2–5, 6The appellant’s writ petition challenging the revised list was dismissed, leading to this appeal.
Source reference: pp. 2–5, 6Issues
Whether transfer-counselling priority was governed by station seniority rather than the appellant’s claimed superior State seniority.
Source reference: pp. 6–7Whether the sixth respondent’s selection for posting at Ramanathapuram, made pursuant to the earlier litigation and transfer counselling, should be given effect despite the appellant’s challenge.
Source reference: pp. 7–8Law Applied
The Court applied the distinction between State seniority and station seniority, holding that station seniority determines priority when employees seek transfer to the same place through transfer counselling.
Source reference: pp. 6–7It also relied on the earlier Division Bench decision in W.A.(MD) No. 1366 of 2024, which affirmed that the sixth respondent’s seniority was to be counted from her transfer date, 16 August 2023.
Source reference: pp. 3, 6Reasoning
Although the appellant was senior to the sixth respondent in the State seniority lists, the Court considered station seniority decisive for transfer counselling.
Source reference: pp. 6–8Both employees had been transferred on the same date, and the sixth respondent’s delayed relief had already been addressed in the earlier proceedings.
Source reference: pp. 6–8The Court also noted that the appellant’s deputation at Madurai Medical College could not count towards station seniority, while the sixth respondent had been selected for Ramanathapuram in the counselling process.
Source reference: pp. 6–8The authorities were required to give effect to that decision and the prior court directions.
Source reference: pp. 6–8Holding
The Court held that station seniority governed the transfer-counselling priority and upheld the dismissal of the appellant’s writ petition.
It dismissed the writ appeal, with no order as to costs, and directed the authorities to issue orders in accordance with the counselling decision and the circular dated 1 April 2025, within three weeks.
Source reference: p. 8–9Original Court PDF
V.SivaranjanivsThe Director of Medical Educ
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