GEETHA V.M. & ORS. versus RETHNASENAN K. & ORS.

Citation: [2025] 1 S.C.R. 515 · Decided: 02-01-2025 · Supreme Court of India · Bench: J.K. MAHESHWARI · Disposal: Appeal(s) allowed

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Judgment (excerpt)

[2025] 1 S.C.R. 515 : 2025 INSC 33
Geetha V.M. & Ors. 
v. 
Rethnasenan K. & Ors.
(Civil Appeal No(s). 3994-3997 of 2024)
03 January 2025
[J.K. Maheshwari* and Rajesh Bindal, JJ.]
Issue for Consideration
Whether the option exercised by Directorate of Health Services 
(DHS) employees to join Directorate of Medical Education (DME) 
pursuant to a policy decision of the State of Kerala ought to be 
considered as an option for absorption or a request for transfer 
under proviso to Rule 27(a) of Kerala State and Subordinate 
Service Rules, 1958 and in that situation, the inter-se seniority of 
such employees in the DME shall be reckoned from which date.
Headnotes†
Kerala State and Subordinate Service Rules, 1958 – Proviso 
to r.27(a) – Kerala Service Rules, 1959 – r.36 – Transfer of 
the appellants-absorbed employees by way of absorption as 
per the policy decision of the Government of Kerala, if would 
attract the proviso to r.27(a):
Held: No – The proviso of r.27(a) is merely an exception to the 
said Rule of maintaining the seniority from the date of appointment 
in the cases of ‘on request’ and mutual transfer – The exception 
is not attracted in a case of transfer by way of absorption made 
in public interest or in administrative exigencies – Transfer of an 
employee is an incidence of service if it is in public interest – 
Government is the best judge to decide how to distribute and 
utilise the services of an employee – However, if employee 
makes a request due to some hardship and if the authority or 
the Government on being satisfied, posts such employee as per 
request, such transfer is not a transfer in public interest as it is 
on the request of the employee and not in the exigencies of the 
public administration – In the present case, the transfer was made 
by way of absorption on the basis of option and not on the basis 
of request which was in furtherance to a policy decision of the 
Govt. to abolish the dual control system enhancing the efficiency 
* Author
516
[2025] 1 S.C.R.
Digital Supreme Court Reports
of the administration of medical colleges and attached hospitals 
thereto giving it to DME withdrawing from DHS – Therefore, the 
transfer by way of absorption on exercise of option as specified 
in Appendix I and II contained in G.O. dtd. 25.10.2008 does not 
attract the proviso to r.27(a) which only deals with the transfer on 
request or on mutual request – Thus, the action taken in public 
interest due to administrative exigency even on option is different 
than the action done on request – Appellants exercised the option 
for absorption by transfer from DHS to DME in line with the policy 
decision and thus, it cannot be considered as a case of transfer 
based on their own request, volition or voluntary choice – Proviso 
to r.27(a) is not attracted in case of a transfer by way of absorption 
done by the Department in furtherance to the policy decision of the 
Govt. – Transfer by way of absorption in public interest cannot be 
equated with the transfer on request in contingencies as specified 
in proviso to r.27(a) or applied mutually – Further, seniority of the 
absorbed employee cannot be disturbed applying the proviso 
of r.27(a) – Their seniority and inter-se seniority be maintained 
as per r.27(a) and 27(c) of Part II of 1958 Rules r/w clarificatory 
letter dated 24.04.2010 with reference to r.8 of Appendix I to G.O. 
dated 25.10.2008 – Impugned judgment set aside. [Paras 37, 39, 
47, 51-53]
Words and Phrases – ‘Transfer’; ‘option’; ‘absorb’; ‘absorption’ – 
Discussed.
Case Law Cited
K.P. Sudhakaran and Another v. State of Kerala and Others (2006) 
5 SCC 386 – held inapplicable.
Kartar Singh v. State of Punjab, 1989 SCC OnLine P&H 482 – 
approved.
Books and Periodicals Cited
P. Ramanatha Aiyar’s Advanced Law Lexicon, 7th Edition; Corpus 
Juris Secundum; Merriam-Webster Dictionary; Black’s Law 
Dictionary.
List of Acts
Kerala State and Subordinate Service Rules, 1958; Kerala Service 
Rules (KSR), 1959.
[2025] 1 S.C.R. 
517
Geetha V.M. & Ors. v. Rethnasenan K. & Ors.
List of Keywords
Transfer; Transfer by way of absorption; Exercise of option; 
Absorbed employees; Request for transfer; Transfer on request; 
Mutual request; Seniority; Inter-se seniority; Directorate of Health 
Services (DHS); Administrative control of DHS; Directorate of 
Medical Education (DME); State of Kerala; Primary Health Centres 
(PHCs); Community Health Centres (CHCs); Taluk Hospitals; 
District Hospitals; Specialty Hospitals

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