2004 LAB. I. C. 691 ::(2004) 1 Ker LT 183 ::(2004) 1 KHCACJ 282 (KER) ::(2004) 4 ServLR 420 ::(2004) 15 AllIndCas 670 (KER)

Kerala High Court

Hon'ble Judge(s): Jawahar Lal Gupta, C.j., R. Basant , JJJ

(A) Constitution of India , Arts.16, 309— Department of Posts, Gramin Dak Sevaks (Conduct and Employment) Rules (2001), R. 3, Note II(iv) - Appointment by transfer - Post of sevaks - Rule 3 Note II(iv) providing that 'Sevak shall not have any transfer liabilityee' - Provision embodies protection to employ - It does not place restriction or bar on his right to claim transfer to another post. (Para 11 12 23) (B) Constitution of India , Arts.16, 309— Department of Post, Gramin Dak Sevaks (Conduct and Employment) Rules (2001), R. 3 - Appointment by transfer - Right of employee to higher post - Employee working on lower post - Has no indefeasible right to claim appointment by transfer to higher post to exclusion of every other eligible candidate - Moreso when there is no rule specifically providing for appointment by transfer - However, Deptt can consider his claim subject to fulfilment of eligibility conditions In case of appointment by transfer the normal rule is that a person working on one post can be transferred to another, provided the post is in same rank and scale of pay. In certain services even appointment by transfer to a higher post is permissible. This depends upon the provision in the rules. However....