KURIAN,J. - (1.) The appellants are aggrieved by the Judgment and order dated 25.01.2010 passed by the High Court of Orissa in W.P. (C) No. 17192 of 2009. The issue pertains to the inter-regional transfer of the first respondent from Maharashtra to Orissa.
(2.) It is not in dispute that at the time of transfer, the first respondent was working as an Upper Division Clerk (in short, "UDC") in the Maharashtra region. No doubt, the first respondent had applied for a transfer to Orissa region while he was working as Lower Division Clerk (in short, "LDC"). However, at the time when the inter-regional transfer to Orissa was to be effected, the first respondent had already become UDC and he was working as such in the Maharashtra region. But it is seen from the proceedings that the transfer of the first respondent to Orissa was made as an LDC.
(3.) Though the learned counsel for the appellants has strenuously argued that the transfer was at the option of the first respondent and that the first respondent had subsequently appeared in the LDC examination in Orissa region and got promoted in the year 2011 in Orissa as a UDC, we find it difficult to appreciate the situation of a UDC being transferred as an LDC. Therefore, the High Court was right in its observation that as on the date of transfer of the first respondent as a UDC to Orissa, in case there was a vacancy of UDC in Orissa region, the first respondent should be considered against that vacancy.;