Judgment :- 1. The petitioner was appointed as a part-time Junior Language Teacher (Hindi) in the Government U. P. School, Vettekkad in Palghat Revenue District on 11-3-1968. He was promoted as a full-time junior Language Teacher (Hindi) on 18-8-1972 and was posted in the Government High School, Tholannur. He was promoted as a High School Assistant (Hindi) on 16-11-1984 and was posted in the Government High School, Agali. In March, 1986 be applied for inter-district transfer from Palghat District to Cannanore District. That request was allowed in Ext. P1 on condition that the petitioner would be ranked as junior to the junior most part-time Junior Language Teacher (Hindi) in Cannanore District. A declaration to that effect was obtained from the petitioner. 2. Inter-district transfers of Government servants are governed by Ext. P2. Government Order GO Ms. 4/ Public (Services Services-B) Department dated 2-1-1961. According to the provisions of that order, any person transferred to a new unit will be ranked below the junior most in the category in the new unit or department. He will not be allowed to count his previous service towards seniority; and such transfers shall not be prejudicial to the legitimate interest of any one in the department to which he is transferred. But be may be allowed to count his previous service towards increments, leave, pension, gratuity, etc. He will not be required to undergo fresh probation if he has already completed probation. 3. The Government had, however, issued Exts. P3 and PS orders in relation to inter-district transfers of teachers in the Education Department. In Ext. P3, G.O. Ms. No. 301/68/Fin. dated 29-6-1968, it was ordered that such inter-district transferees might be treated as the junior most in the grade of post in which they were originally recruited irrespective of the fact whether they were working as full-time or not, at the time of transfer. In Ext.PS, GO Ms. No, 201/80/G. Edn. dated 1-12-1980 clarifying Ext. P3 and other Government orders in the subject, the Government ordered that inter-district transferees who have five years of service and 8 periods of work might also be given the benefit of full-time, but they would be entitled only to salary in the minimum of the full time scale of pay admissible to them and not in the stage at which they were drawing pay in that scale to their transfer. 4. 4. The effect of these executive orders was to provide that a teacher like the petitioner, who, by virtue of seniority in the district in which he was originally appointed, has secured promotion, will lose the benefit of such promotion on his transfer to the new District and will become junior-most in the category in which he was initially recruited. Ext PS order entails a reduction in the emoluments of the teacher. The question whether such consequences were justifiable was considered by this Court in a number of decisions. OP No. 5567/72, WA 297/75 and OP 8664/83 were only a few of them. The point again arose for consideration in the context of the proviso to R.27(a) of the Kerala State and Subordinate Services Rules before me in OP 127/82. That proviso reads: "Provided that the seniority of persons on mutual or inter unit or inter departmental transfer from one unit to another within the same department or from one department to another, as the case may be, on requests from such persons shall be determined with reference to the dates of their joining duty in the new unit or department. In the case of more than one person joining duty in the same grade in the same unit or department on the same date, seniority shall be determined. (a) if the persons who join duty belong to different units or different departments, with reference to their age, the older being considered as senior, and (b) if the persons who join duty belong to the same category of post in the same department, in accordance with their seniority in the unit of department from which they were transferred." Referring to Exts. P3 and P5, which were only executive orders issued by the State Government, I held as follows: "From the above recitals, it will be clear that at the time when the petitioner applied for transfer and his application was sanctioned, he was working as High School Assistant. P3 and P5, which were only executive orders issued by the State Government, I held as follows: "From the above recitals, it will be clear that at the time when the petitioner applied for transfer and his application was sanctioned, he was working as High School Assistant. Proviso to R.27 of the Kerala State and Subordinate Services Rules enjoins that such inter unit transferees on request shall have the benefit of seniority only from the date on which they joined the unit to which they are transferred, but no other consequences are comprehended which would result in reducing them to lower categories than that which they were occupying at the time of transfer, nor does the rules provide that they shall be junior-most in a category or grade lower than that from they were transferred It is submitted that the executive orders, which are contrary to the provisions in the Kerala State and Subordinate Services Rules, are untenable, and even otherwise the judgments in OP. No. 5567 of 1972, which are affirmed in WA. 297 of 1976 and OP. No. 8664/83 supports the claim of the petitioner for being retained in the same category as High School Assistant and for benefits of emoluments which were being drawn by him, even in Ernakulam District, pursuant to the order of transfer." My learned brother Bhaskaran, J. (as he then was) in the judgment in OP. 870/82 (Ext. P7) dealt with the second aspect of the question viz., whether the inter-district transfers entail reduction in emoluments of the transferee and held that: "if a transferee is promoted to a higher post, be would be entitled to have his scale of pay fixed with reference to the scale of pay which be was drawing in the district from which he was transferred." 5. It is obvious from a reading of the proviso to R.27 (a) as also Exts. P6 and P7 judgments that the insistence upon the petitioner being posted as the junior most among part-time Junior Language Teachers (Hindi) is evidently contrary to the provisions of the statutory rules which apply to him. Reduction in emoluments as a consequence of his transfer is not provided for in any of the statutory rules. P6 and P7 judgments that the insistence upon the petitioner being posted as the junior most among part-time Junior Language Teachers (Hindi) is evidently contrary to the provisions of the statutory rules which apply to him. Reduction in emoluments as a consequence of his transfer is not provided for in any of the statutory rules. The fact that he applied for and obtained a transfer out of the District in which he was originally appointed cannot be held out as a reason for reducing the emoluments he had earned by reason of long periods of service. Presumably as a result of the judgments Exts. P6 and P7, the Government itself has passed orders on 23-4-1987 to the effect that there will be no reduction in rank or emoluments consequent on any inter-district transfer. The Original Petition is therefore allowed. The 2nd respondent will treat the petitioner as junior most among High School Assistants (Hindi) in Cannanore District as on the date of his transfer without any reduction in his emoluments as a consequence of his transfer. The second respondent shall refix the salary of the petitioner pursuant to the above. The amounts due to the petitioner consequent thereon shall be fixed, drawn and disbursed to the petitioner within a period not exceeding three months from the date of receipt of a copy of this judgment. Issue photo copy of this judgment to counsel for the petitioner on usual terms.