In Brief
This case concerns inter-se seniority of Kerala government hospital staff who were absorbed from the Directorate of Health Services (DHS) into the Directorate of Medical Education (DME) following a 2008 policy decision to abolish dual administrative control. The key issue was whether absorbed employees should be junior to original DME employees or retain seniority from their original DHS appointment date. The Supreme Court held that absorption under a government policy decision differs from voluntary inter-departmental transfer. Since seniority was statutorily required to be 'maintained' under the absorption rules, employees retain seniority from their original appointment date in DHS, not from their joining date in DME. The Court distinguished absorption from transfer-on-request and set aside the High Court judgment that had applied seniority rules favoring original DME employees.
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