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Supreme Court of India · 11/08/2022

NET RAM YADAV versus THE STATE OF RAJASTHAN & ORS.

[2022] 7 S.C.R. 101 · 2022 INSC 822

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Summary

A physically disabled Senior Teacher appointed in 1993 was posted about 550 km from his home in Alwar. After a 2000 Rajasthan circular directed that persons with disabilities be posted at or near places of their choice, he was transferred to his home district. Years later his State-level seniority was downgraded under the Explanation to Rule 29(10) of the 1971 service rules, as a transfer on request. The High Court upheld this, holding the circular applied only to postings on appointment. The Court held that the Explanation, which discourages request transfers, affects seniority only within the transferee district or range, not State-level seniority. It cannot apply to disabled employees transferred under a beneficial circular, whose benefit extends to those appointed earlier. The appeal was allowed and his seniority restored.

Issues

  1. Whether the Explanation to Rule 29(10), which places a teacher transferred at his own request at the bottom of the new district's seniority list, could reduce a disabled teacher's State-level seniority.
  2. Whether the benefit of a circular for posting persons with disabilities near places of their choice extends to employees appointed before it was issued, without loss of seniority.

Provisions considered

Held

Result

Appeal allowed. The High Court's orders and the order downgrading the appellant's seniority are set aside, and his State-level seniority is to be restored counting his earlier service.

Judgment PDF: Supreme Court of India, [2022] 7 S.C.R. 101.