ORDER : 1. By way of filing the present writ petition, the petitioner has prayed for following reliefs:- i. “By an appropriate writ, order or direction, impugned seniority lists dated 24.04.2018 (Annexure-04), 29.05.2020 (Annexure-06), 19.05.2022 (Annexure-10) as well as order dated 17.08.2022 (Annexure-13) issued / passed by the respondents may kindly be quashed and set aside consequently respondents be directed to issue fresh seniority lists and seniority be determine from the joined on the post of be promoted on the post of Forester against the vacancies of 2021-22, if otherwise found suitable. ii. By an appropriate writ, order or direction, in alternative respondents be directed to determine the seniority of the private respondent from the day when he was joined in forest division, Bhilwara. iii. Any other appropriate order or direction which this Hon’ble Court may deem fit just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner. iv. Costs of the writ petition may kindly be awarded to the petitioner.” 2. Briefly stated facts of the case are that the petitioner came to be appointed on the post of Forest Guard w.e.f. 10.05.2011 in Forest Division, Bhilwara whereas, the respondent No.5 also came to be appointed on the post Forest Guard w.e.f. 21.04.2011 in Forest Division, Bundi. It is thus, apparent that the petitioner and respondent No.5 though were appointed on the post of Forest Guard but their initial appointment was made in different Forest Divisions. The services of the petitioner and respondent No.5 are governed by Rajasthan Forest Subordinate Service Rules, 2015 (hereafter referred to as “the rules of 2015”). The Office of Principal Chief Conservator of Forest, Rajasthan, Jaipur by an order dated 10.10.2016 transferred respondent No.5 from Forest Division, Bundi to Forest Division, Bhilwara. The office of Deputy Forest Conservator, Bhilwara on 24.04.2018 issued a seniority list of Forest Guards working under him as on 01.04.2018. In the seniority list dated 24.04.2018, the name of the petitioner figures at serial No.27, whereas name of respondent No.5 figures at serial No.17. The Forest Guards working in the respondent department are having an avenue of promotion on the post of Assistant Forester. In the seniority list dated 24.04.2018, the name of the petitioner figures at serial No.27, whereas name of respondent No.5 figures at serial No.17. The Forest Guards working in the respondent department are having an avenue of promotion on the post of Assistant Forester. The office of Deputy Conservator of Forest, Bhilwara, on 26.09.2019, issued an office order stating inter alia that the meeting of Departmental Promotion Committee (DPC) was convened on 26.08.2019 for recommending names of candidates for promotion on the post of Assistant Forester from the post of Forest Guard against the vacancies of year 2019-20 and the department by accepting the recommendations of DPC has decided to accord promotion to the eligible candidates against the vacancies of year 2019-20. In the promotion order dated 26.09.2019, the name of the petitioner finds mention at serial No.3 whereas the name of respondent No.5 was at serial No.1. 3. The petitioner immediately after issuance of promotion order dated 26.09.2019 submitted representations to the respondents stating that the respondent No.5 has been wrongly assigned seniority over the petitioner, against the post of Forest Guard working in the office of Deputy Conservator of Forest, Bhilwara. The petitioner in the representation stated that since the respondent No.5 was transferred from Forest Division, Bundi, to Forest Division Bhilwara, he ought to have been given seniority for the post of Forest Guard, from the date of his joining in the Forest Division, Bhilwara. In other words, the petitioner by way of submitting representations requested the respondent to assign seniority to the respondent No.5 in Forest Division Bhilwara below the petitioner and thereafter by convening meeting of Review DPC, promote him on the post of Assistant Forester over and above respondent No.5. 4. Drawing attention of the Court towards office order dated 10.10.2016 (Annexure-3), issued by the office of Principal Chief Conservator of Forest, Rajasthan, Jaipur, learned counsel for the petitioner submitted that the order dated 10.10.2016 (Annexure3) nowhere indicates that the respondent No.5 was transferred from Forest Division, Bundi to Forest Division, Bhilwara on administrative exigency, without there being any request from his side. Learned counsel submitted that it is not in dispute that the seniority of Forest Guards is being maintained in the respondent department, division wise. Learned counsel submitted that it is not in dispute that the seniority of Forest Guards is being maintained in the respondent department, division wise. Thus, the respondent No.5 on being transferred to Forest Division, Bhilwara from Forest Division, Bundi ought to have been granted seniority below the existing Forest Guards of Forest Division Bhilwara. Learned counsel submitted that the respondent No.5 was not at all entitled to claim seniority for the period he rendered services in the Forest Division, Bundi. Attention of the Court was further drawn towards the relevant provisions of Service Rules, which states that seniority of the persons appointed on the post encadered in the service or lowest categories of post in each group / section of service, as the case may be, shall be determined from the date of regular selection in accordance with the provisions of the Service Rules. Learned counsel submitted that undisputably, seniority of Forest Guards is being maintained at divisional level and promotion on the next higher post i.e. the post of Assistant Forester is being made by the Departmental Promotion Committees constituted at divisional level. Therefore, there was no reason or occasion to assign seniority to the respondent No.5 from the date he was initially appointed on the post of Forest Guard in Forest Division, Bundi on his transfer to Forest Division, Bhilwara. Learned counsel prayed that entire action of the respondents in assigning seniority to the respondent No.5 on his transfer to Forest Division, Bhilwara over and above the present petitioner and thereafter promoting him on the post of Assistant Forester on the basis of wrong seniority assigned to him, deserves to be declared bad in the eyes of law and consequently, all the impugned orders deserve to be quashed and set aside. 5. Per contra, learned counsel for the respondents submitted that the seniority lists have been prepared in accordance with the Rules of 2015 as well as Guidelines issued by the State Government from time to time. Learned counsel submitted that by way of issuing Guidelines dated 22.01.2008, the Principal Chief Conservator of Forest has clarified that seniority upon inter division transfer of employees would be affected only when, in the transfer order it has been mention that “inter division transfer of employee would affect his seniority in new division”. Learned counsel submitted that by way of issuing Guidelines dated 22.01.2008, the Principal Chief Conservator of Forest has clarified that seniority upon inter division transfer of employees would be affected only when, in the transfer order it has been mention that “inter division transfer of employee would affect his seniority in new division”. Learned counsel submitted that since in the transfer order dated 10.10.2016 (Annexure-3), it has nowhere been mentioned that the seniority of candidate would be determined from the date of appointment, the respondent No.5 was entitled to be assigned seniority from the date of his initial appointment, on his inter division transfer. Learned counsel submitted that the respondent No.5 was rightly assigned seniority vide office order dated 24.04.2018 (Annexure-4) and had rightly been promoted as per the seniority assigned to him in the seniority list dated 24.04.2018 (Annexure-4), on the post of Assistant Forester vide office order dated 26.09.2019 (Annexure-5). Learned counsel submitted that the orders impugned passed by the competent authorities of the respondent department are perfectly legal, valid, justified and in accordance with law and the same do not suffer from any vice or infirmity deserving interference by this Court. Learned counsel thus, prayed that the present writ petition may be dismissed. 6. Heard learned counsel for the parties and perused the material available on record. 7. It is not in dispute before this Court that seniority of Forest Guards is being maintained at Divisional Level. It is also not in dispute before this Court that generally, upon inter divisional transfer of an employee, his / her seniority would be affected. In other words, an employee who has sought inter division transfer, would be assigned bottom seniority in the new Division. The only exception to aforesaid rule is when inter divisional transfer of an employee was / had been made in administrative exigencies/ grounds, and then his / her seniority would be determined even in new division, from the date of initial appointment. 8. This Court having carefully perused the documents placed on record by both the parties does not find any material indicating that respondent No.5 was transferred from Forest Division, Bundi, to Forest Division, Bhilwara, vide order dated 10.10.2016 (Annexure-3) issued by Principal Chief Conservator of Forest, Rajasthan, Jaipur in administrative exigencies / administrative grounds. 8. This Court having carefully perused the documents placed on record by both the parties does not find any material indicating that respondent No.5 was transferred from Forest Division, Bundi, to Forest Division, Bhilwara, vide order dated 10.10.2016 (Annexure-3) issued by Principal Chief Conservator of Forest, Rajasthan, Jaipur in administrative exigencies / administrative grounds. This Court has no hesitation in reaching to the conclusion that since inter division transfer of respondent No.5 was not made in administrative exigency / administrative ground, his seniority ought not to have been counted from the date of his initial appointment in the Forest Division, Bundi. Consequently, respondent No.5 ought not to have been granted seniority in the seniority list of Forest Guards dated 24.04.2018, issued by the office of Deputy Conservator of Forest, Bhilwara over and above the petitioner, who was an existing employee of the Forest Division, Bhilwara. 9. In the result, the present writ petition is allowed. The impugned seniority list dated 24.04.2018 (Annexure-4), promotion order dated 26.09.2019 (Annexure-5), seniority list of Assistant Foresters dated 29.05.2020 (Annexure-6) and seniority list dated 11.05.2022 (Annexure-7), so far it pertains to present petitioner and respondent No.5 are quashed and set aside. The respondent Nos.2, 3 & 4 are directed to assign seniority to the petitioner in the Forest Division, Bhilwara over and above respondent No.5 and conduct the exercise of promotion for the post of Assistant Forester, afresh by convening meeting of Review DPC within next three months. The petitioner shall be entitled for all consequential benefits. 10. No order as to costs.