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archana (Inspector)     10 October 2013

Fixation of seniority in case of rule 38 transfer

 
I work for DOP . In the unit I am attached to there are LSG & HSG posts along with time scale posts.The person who was posted on HSG post had availed Rule 38 transfer twice in her service & has changed circle (from karnataka to Maharashtra ). As per gradation list she becomes junior to one who is working on LSG post & LSG fellow is demanding to be posted as HSA as he is senior to her . However, the lady claims as her working seniority is more she should be HSA . She has been appointed in Postal side of DOP and after 8 years & first rule 38 mutual transfer she has joined RMS wing where she has again availed one more rule 38 transfer after which she has joined in this unit . 
Now , even if her total service in DOP is more than him who holds the right to work on higher post ?
Kindly guide me in this regard , I will be really grateful to you for this . 
Thank you .


Learning

 1 Replies

Sudhir Kumar, Advocate (Advocate)     11 October 2013

change of cadre entail total loss of seniority any no of times one goes not new cadre he comes at the bottom of seniority list.


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