JOYACHAN M. SEBASTIAN V. THE DIRECTUR GENERAL AND ORS INSC 1008

Name of the Case- OYACHAN M. SEBASTIAN V. THE DIRECTUR GENERAL AND ORS

Year Decided- 1996

Facts- After passing the All India Clerk Grade 2 examination, Joyachan M. Sebastian was appointed as Clerk Grade 2 at the television station Kohima. On 8 June 1983, his post at Kohima was terminated due to administrative needs. He chose to be transferred to Tamil Nadu Doordarshan Kendra at Salem on 6 August 1984. Later he was transferred to the television station in Trivandrum on 26 March 1987 at his request. During his transfer to Trivandrum, he gave an undertaking that he would not claim his seniority from his time at Salem. His seniority was then calculated from his joining at Salem rather than from his original appointment at Kohima. Disappointed, he submitted a claim to the Ernakulam Bench of the Central Administrative Tribunal, which rejected it. He filed an appeal with the Supreme Court.

Issue- Whether Joyachan M. Sebastian’s seniority be reckoned from his initial appointment at Kohima or from his subsequent appointments following the abolition of his post?

Decision- The appeal was dismissed by the Supreme Court, upholding the Tribunal's decision.

Majority Opinion Reasoning- The appellant's right to claim seniority from that position was declared invalid by the Court due to the elimination of the post at Kohima. After the abolition, his transfer to Salem was considered a new appointment for seniority purposes. In addition, he requested his transfer to Trivandrum and made a clear commitment not to claim seniority from Salem. According to established law, employees who are transferred at their request assume the position of junior most in the new area. The Court upheld the Tribunal's proper application of these guidelines.

Dissenting Opinion Reasoning- There was no dissenting opinion given in this case.

Impact of the Case- This case establishes that any subsequent appointment is considered new for seniority purposes when a post is abolished. In order to ensure equity in determining seniority across regions, it also emphasizes that employees who are transferred at their own request must accept junior-most seniority in the new region, particularly when specifically agreed upon.