Service Rules or an undertaking in specific by the transferred employee forgoing his seniority in the transferred place, the date of initial appointment in the particular cadre is to be reckoned for the purpose of fixation of seniority. Admittedly, in the present case, the Writ Petitioner/Mr.J.Soosairaj is senior to 2nd respondent/Mr.S.Manoharan in the initial cadre of appointment. Therefore, the department has rightly arrived at a conclusion that the Writ Petitioner is entitled for seniority based on his initial date of appointment in Visakapattinam Unit and consequently fixed seniority by placing the Writ petitioner above the 2nd respondent in the cadre of Engine Fitter. The Tribunal has not considered the fact that, there is no specific Rule or an undertaking by the employee, while effecting transfer from Visakapattinam to INS Kattabomman. In the absence of any such specific Rules or undertaking, the seniority of an employee cannot be infringed. Therefore, we are of the considered opinion that the Tribunal has not considered these aspect, which resulted in allowing the Original Application.
