THE SECRETARY TO GOVERNMENT DEPARTMENT OF HEALTH & FAMILY WELFARE & ANR. versus K.C. DEVAKI

Citation: [2025] 3 S.C.R. 1133 · Decided: 25-03-2025 · Supreme Court of India · Bench: PAMIDIGHANTAM SRI NARASIMHA · Disposal: Appeal(s) allowed

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Judgment (excerpt)

[2025] 3 S.C.R. 1133 : 2025 INSC 389
The Secretary to Government Department of 
Health & Family Welfare & Anr. 
v. 
K.C. Devaki
(Civil Appeal No. 4356 of 2025)
25 March 2025
[Pamidighantam Sri Narasimha* and Manoj Misra, JJ.]
Issue for Consideration
Issue arose for consideration that whether the transfer or 
reappointment of a government employee from one post to another 
impact his/her seniority in the new post, and if so, is such seniority 
contingent upon whether the transfer was made in public interest 
or at the employees own request.
Headnotes†
Service law – Seniority – Transfer or reappointment of 
government employee from one post to another – Impact 
on seniority in the new post – Seniority, if contingent upon 
the transfer made in public interest or at the employees own 
request – On facts, the respondent-staff nurse’s request 
to change her cadre to First Division Assistant on medical 
grounds – On acceptance of the request, and on acceptance 
of the consent letter to be placed below the last person in the 
transferred post, issuance of the orders of posting changing 
the cadre of the respondent from Staff Nurse to First Division 
Assistant– Respondent continued in the new position for 
18 years, and thereafter, the seniority list was released – 
Challenged by the respondent on the ground that the seniority 
must be fixed as per the initial appointment as Staff Nurse in 
1979 and not on the basis of the entry into the new cadre in 
1989 as First Division Assistant – Application allowed by the 
tribunal – Said order upheld by the High Court – Correctness: 
Held: Invocation of r.16 of the 1977 Rules is an exception – 
However, if the power is exercised, it would operate notwithstanding 
anything contained in the 1977 Rules or other rules and reason 
* Author
1134
[2025] 3 S.C.R.
Supreme Court Reports
for exercise for such a power must be evidenced in the written 
text of the record – Officer who by bodily infirmity is permanently 
incapacitated can be appointed to the new post in relaxation of the 
existing Rules, such appointment shall not be lower than the one 
he holds – Prescription that such an officer cannot be appointed 
to a post lower than that held by him or her can be waived or 
deviated from if the officer himself consents for the same – On 
facts, the High Court erred in treating transfer made at the request 
of the officer on medical grounds as equivalent to transfer in public 
interest – Respondent accepted the appointment after consenting 
to be placed below the last person in the transferred post, which 
position is recorded in the order of 1989 itself, the seniority has 
to be with effect from 1989 only – Decision of the government 
in issuance of final seniority list granting seniority w.e.f. 1989 is 
in consonance with r.16 of the 1977 Rules and r.6 of the 1957 
Rules which specifically provide that where transfers are made at 
the request of the officer, the employee shall be placed below all 
the officers borne in that class in the transferred post – Tribunal 
as well as the High Court erred in directing the appellant to grant 
seniority to the respondent in the cadre of First Division Assistant 
with effect from the date in which the said respondent has entered 
service in the cadre of Staff Nurse instead of 1989, when she was 
appointed in the new cadre of First Division Assistant – Impugned 
order set aside – Karnataka Civil Services (General Recruitment) 
Rules, 1977 – r.16 – Karnataka Government Servants (Seniority) 
Rules, 1957. [Paras 13, 20-22, 24, 25]
Service Law – Transfer – Transfer made in public interest and 
transfer made at the request of the officer – Difference between:
Held: Purpose of transfer, considerations that weigh, the 
consequences that follow a transfer made in public interest, 
as against a transfer made at the request of the officer, vary 
substantially – Purpose and object of transfer in public interest 
is to ensure effective and efficient administration – It is founded, 
sourced, and rooted in administrative exigencies and nothing else – 
On the other hand, where a transfer is sought at the request of the 
officer and if the government is satisfied with the genuineness of 
the request, it may accept the request and direct transfer – This 
is fairness in action as governmental power accommodates, as 
it must, human needs and vulnerabilities – However, this kind of 
[2025] 3 S.C.R. 
1135
The Secretary to Government Department of  
Health & Family Welfare 

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