Y. V. Chandrachud, J. - (1.) This appeal by special leave arises out of the judgment of the High Court of Kerala in Writ Petition No. 5463 of 1971. That petition was filed by the 1st respondent A. Satyavan against the State of Kerala, the Director of the Department of Museums and Zoos. Trivandrum and the appellant Smt. V.A. Subhadra. The main relief sought by the 1st respondent was that the order passed by the State of Kerala on March 18, 1971 appointing the appellant as an Upper Division Clerk in the Department of Museums and Zoos be quashed .
(2.) The appellant was appointed as a Lower Division Clerk in the Department of Museums and Zoos, Trivandrum in 1949. She was confirmed in that post in 1950. The 1 st respondent was appointed as a Lower Division Clerk in the same Department in 1955 and was confirmed in 1963. On April 9, 1962, the appellant, on her own request, was transferred to the Department of Agriculture. That was an inter-departmental transfer. Though on transfer the appellant became the juniormost employee in the Department of Agriculture, her rank and lien were maintained in the Department of Museums and Zoos.
(3.) In course of time a vacancy arose in the post of the Upper Division Clerk in the Department at Museums and Zoos. One M. S. Pillai was the seniormost Lower Division Clerk in that Department but when the post of promotion was offered to him he declined it on the ground of ill-health. The appellant was next in order of seniority amongst the Lower Division Clerks in the Department of Museums and Zoos and since her rank and lien in that Department were maintained, she was offered the post of the Upper Division Clerk. She conveyed her inability to accept that post for the time being and thereupon the 1st respondent who was next in order of seniority was appointed provisionally as an Upper Division Clerk. His appointment was made without prejudice to the claims of the seniors in the Department of Museums and Zoos.;