ORDER : (ARUN MONGA, J.) 1. Before this Court are, unskilled/semi-skilled and/or skilled (Category 'A' or 'B') staff members of the two Power Distribution Companies (discoms) operating in State of Rajasthan, i.e. Jodhpur Vidhyut Vitran Nigam Ltd. (JVNL) and Ajmer Vidhyut Vitran Nigam Ltd. (AVNL). Vide instant order the entire bunch of above numbered petitions is being disposed of as same controversy is involved therein. 2. Common grievance being, that by virtue of mass transfers carried out by both the Discoms, the petitioners have not only been dislodged, but their service conditions have also been adversely changed qua inter-se seniority, which are to be maintained at Sub divisional/Divisional Level. 3. Given the nature of controversy, the individual facts in the various petitions need not be gone into. 3.1. What is assailed herein is the legality of the transfer orders being in alleged violation of the applicable service rules, as well as, the administrative impropriety of giving complete short shrift to even the deserving cases of extreme hardships which the petitioners would be confronted with. 3.2. Averment also is that the transfer exercise has been carried out in the most mechanical manner, which on the face of it, though may not be punitive, but unwittingly many of the employees would have to relocate themselves to very far off places. Notwithstanding, that they are on the bottom of the pyramid of the human resource deployed by Discoms. Thus, being at the entry level of pay-scales equivalent to those of either Class- IV or Class-III employee of their counterparts, who are serving in the State Government, they can financially ill afford to relocate their families and/or make housing arrangements for them. 4. At the very threshold, pertinent it is to note that the applicable service rules in both the Discoms are pari passu. Therefore, interpretation thereof would be applicable across board to both the discoms. 4.1. In fact, the service conditions vis-a-vis the applicable rules owe their genesis to the erstwhile parent organization, i.e., Rajasthan State Electricity Board. After enactment of the Electricity Act, 2003, a trifurcation of Rajasthan State Electricity Board took place, by virtue of which it was unbundled into three entities, i.e. Power Generation, Power Transmission and Power Distribution (Discoms). 4.2. 4.1. In fact, the service conditions vis-a-vis the applicable rules owe their genesis to the erstwhile parent organization, i.e., Rajasthan State Electricity Board. After enactment of the Electricity Act, 2003, a trifurcation of Rajasthan State Electricity Board took place, by virtue of which it was unbundled into three entities, i.e. Power Generation, Power Transmission and Power Distribution (Discoms). 4.2. Prior to trifurcation, ibid, a Memorandum of Settlement, under the Industrial Disputes Act, 1947, was executed on 26.01.1970 between the then Rajasthan State Electricity Board and Prantiya Vidhyut Mandal Mazdoor Federation (which continues to be existing even as on today to serve the cause of staff of both discoms). Relevant extract i.e. Appendix 'B' of the Memorandum, ibid, reads as under:- " APPENDIX 'B' SUB: TRANSFERS OF TECHNICAL STAFF 1. The various categories of Technical Staff may be divided under the categories shown below together with the seniority jurisdiction wherein they are expected to work and which form the basis of their seniority and consequentially liable to be transferred within that jurisdiction. Category of Staff Seniority Jurisdiction 1. Unskilled and semi Skilled technical staff. Sub Division 2. Skilled B and skilled A Technical staff Division 3. Supervisory Technical staff upto the scale of pay identical to the scale of skilled A category (105-240) Circle 4. Remaining supervisory Technical staff Board as a whole 2. Ordinarily no such employee should be transferred outside the seniority jurisdiction pertaining to him. Where, however it is found absolutely essential to transfer such a person outside the seniority jurisdiction, the transfer would be effected under the orders of the respective technical staff about below who would record in detail the reasons for such transfer in the file of the worker concerned:- 1. From one sub division to another sub division in the same division Executive Engineer 2. From one Division to the another in same circle Superintending Engineer 3. From one circle to another circle Chief Engineer / Additional Chief Engineer 3. The transfer order should clearly stipulate the seniority which would accrue to the transferred in the new seniority jurisdiction to which he is posted which should be based on the length of continuous service in the post from which he is transferred. From one circle to another circle Chief Engineer / Additional Chief Engineer 3. The transfer order should clearly stipulate the seniority which would accrue to the transferred in the new seniority jurisdiction to which he is posted which should be based on the length of continuous service in the post from which he is transferred. During temporary transfers, not exceeding three months, the seniority of the person concerned would be retained in the earlier seniority jurisdiction and he would be entitled to benefits, if any which would have accrued but for the temporary transfer. 4. A person may, at his own request be transferred outside the seniority jurisdiction provided he declares that he is prepared to forgo his seniority 5. In fact, it so transpires that the aforesaid service conditions mutually agreed between the employer and the employees were subsequently reduced into statutory rules, namely, Rajasthan State Electricity Board (Technical Workmen) Service Regulations, 1975. Services of the staff members of both the discoms are now governed by the said Rules is the conceded position. Relevant whereof is extracted hereinbelow:- "30. The basis of seniority of regular workmen would be as follows:- Category of the staff Seniority jurisdiction Authority to finalise seniority i) Unskilled & semi- skilled staff Sub-division level By concerned controlling AEN ii) Skilled 'B' and skilled 'A' categories Division level By concerned controlling XEN iii) Supervisory staff having pay scale identical to scale 'A' category Circle level By concerned controlling SE iv) Remaining supervisory staff State level By concerned controlling CE (2) Notwithstanding anything contained in sub-regulation-(1) the seniority jurisdiction of the workmen who are Draughtsmen, Tracers, Ferromen and Vehicle Drivers or who are working in EHT Wing, a Power Station, a Meter & Relay Testing Wing, Store, PLCC or any other wing or office not specified herein shall be maintained separately by such authorities as may be decided by the Chairman. (3) That the inter-se-seniority of persons appointed to a post in a particular group by direct recruitment on the basis of one and the same selection except those who do not join service when a post is offered to them, within a time allowed, shall follow the order in which their names have been placed in the list prepared by the Selection Committee. (4) That as the vacancies for direct recruitment as well as for promotion shall be determined every year and the persons promoted on the determination of such vacancies shall rank senior to the direct recruitees of that year irrespective of their date of appointment. (5) That the date of fixing the workmen in regular pay scales shall be the date for determination of seniority. In case the date of appointment/fixation in regular cadre being the same, the seniority will be determined as per the date of appointment in workcharged/muster roll capacity where the date being the same, the seniority shall be determined on the basis of their date of birth. (6) That the inter-se-seniority of two or more workmen promoted from a lower post by the same order or orders of the same date shall be the same as their seniority in the lower cadre. (7) That the tentative seniority list prepared shall be published and shall be displayed on Notice Board of the concerned offices. Copies of seniority list may be given to the recognised registered/representative trade unions or Associations and to the concerned workman on request. (8) That the aggrieved workman shall have a right to file objections/representations against such seniority to the concerned Appellate Authority within a period of 30 days. The period of 30 days shall reckon from the date of issuing the seniority list. The representations so received, shall be duly considered and judiciously dealt and in this process due opportunity to the aggrieved workman in explaining their case shall be given if sought. (9) That the next higher authority to the Authority who has been authorised to publish and finalise the seniority list as prescribed in regulation 30(i) above shall be the Appellate Authority to decide the objections/representations filed by the aggrieved workmen against the tentative seniority list, but in case of remaining supervisory staff, draughtsman, tracers, Ferroman, Vehicle Drivers, where seniority is to be finalised by concerned controlling Chief Engineer the Appellate Authority shall be Director of Personnel or any other officer as may be authorised by the Chairman. SCHEDULE-I SKILLED-A 1. Electrician-I 2. Welder 3. Turbine Attendant 4. Relay Tester 5. Mistry-II 6.Head Lineman & Electrician-II 7. Boiler Attendant-II 8. Fitter-I 9. Turbine Attendant-II 10. Artisan-I 11. Radio Mechanic-I 12. Meter Tester & Repairer-II 13. Driver-I 14. Cable Jointer 15. Welder-II 16. Asstt.Surveyor 17. Sub-Station Attendant-I 18. Turbine Driver 19. SCHEDULE-I SKILLED-A 1. Electrician-I 2. Welder 3. Turbine Attendant 4. Relay Tester 5. Mistry-II 6.Head Lineman & Electrician-II 7. Boiler Attendant-II 8. Fitter-I 9. Turbine Attendant-II 10. Artisan-I 11. Radio Mechanic-I 12. Meter Tester & Repairer-II 13. Driver-I 14. Cable Jointer 15. Welder-II 16. Asstt.Surveyor 17. Sub-Station Attendant-I 18. Turbine Driver 19. Black Smith-I 20. Electrician & Wireman-I 21. Wireman-I 22. Lineman-I 23. Carpenter-I 24.Painter-I 25. Turner-I 26.Moulder-I 27. Filter Operator 28. Estimator 29. Wireman 30. Mason-I 31. Crane Operator-I 32. Draughtsman-I 33. Senior Operator 34. Mechanic-I(Inst.) 35. Operator-I 36. Asstt. Yard Master 37. Computer System Analyst-cum-Operator Gr.II 38. Loco Operator 39. Fitter-I(Loco) 40. EOT/Crane Operator 41. Dozer Operator 42. Mechanic-I/Technician-I 43. Sr.Carriage Fitter-II 44.Permanent Way Mistry. SKILLED-B 1. Electrician-II 2. Lineman-II 3. Cable Jointer-II 4. Sub-Station Attendant-II 5. Artison-II 6. Driver-II(Mechanic) 7. Mechanic-II 8. Fitter-II 9. Mistry-II 10. Auxiliary Attendant-II 11. Meter Tester & Repairer Gr.III 12. Fireman-II 13. Radio Mechanic-II 14. Welder-III 15. Tool Keeper-II 16. Meter Inspector-II 17. Water treatment & Plant Attendant 18. Pump Driver 19. Vehicle Driver 20. Meter Reader & Meter Checker-I 21. Turner-II 22. Blacksmith-II 23. Moulder-II 24. Carpenter-II 25. Filter Attendant-II 26. Mason-II 27. Coal Jamadar-II 28. Painter-II 29. Wireman-II 30. Tracer 31. Electrician & Wireman-II 32. Operator-II 33. Sample Collector 34. Carriage Fitter 35. Fitter Gr.II(Loco) 36. Lead Fireman 37. Senior Fireman] 38. Fire Tenderer Driver-cum-Pump Operator 39. Mechanic-II(Inst.) 40. Asstt. Loco Operator 41. Mechanic-II(Diesel) 42. Pump Operator 43. Mechanic-II/Technician-II 44. Fork Lift Operator 45. Compressor Operator SEMI-SKILLED 1. Helper-I 2. Sub-Station Attendant-III 3. SBA-III 4. Consumer Call Attendant 5. Hammerman 6. Ferroman 7. Loco Fitter Gr.IV 8. Pointsman 9. Mate 10. Fireman 11. Semi-skilled Carriage Fitter 12. Consumer Call Attendant 13. Operator Gr.III 14. MR-II/M.C.II* UN-SKILLED 1. Helper-II 2. Shunting Porter-cum-Hokman 3. Trolleyman 4. Keyman" 6. In light of the aforesaid applicable rules, what is now required to be seen is whether the transfer orders impugned herein indeed adversely affect the seniority of the petitioners, who have been sent out of the respective sub divisions/ divisions. 7. In this context, it would be apposite to reproduce the stand taken by the Discoms in para Nos.2 to 4 of their comprehensive reply (qua all petitiones), which reads as under:- "2. 7. In this context, it would be apposite to reproduce the stand taken by the Discoms in para Nos.2 to 4 of their comprehensive reply (qua all petitiones), which reads as under:- "2. That, the service condition of the petitioner are being governed by the Technical Workman Service Regulations, 1975 (For short will be referred as "TWSR-1975") The amendment came to be made in the said regulations in Schedule -1 & III, forming separate cadre for technical workmen appointed as Technical Helpers, re-designated Technical Workmen drawing pay in Level-4 or equivalent, at their option, as Technical Helper-II, drawing pay in Level-5 or equivalent, at their option, as Technical Helper-II as the answering respondent Nigam, drawing pay in Level-8 or equivalent, at their option, as Technical Helper and drawing pay in Level-10 or equivalent, at their option, as Technical Supervisor. 3. That, in pursuant to the amendment in the TWSR-1975, the answering respondent Nigam issued one order & Circular dated 12.02.2024, & 14.02.2019 inviting options from the willing workmen to submit the option form for re-designation. A copy of order & circular dated 12.02.2024 & 14.02.2019 is being enclosed herewith and marked as Annexure-R/1. 4. That, the answering respondent Nigam later issued another circular dated 17.07.2019 for guidelines for fixation of pay for Technical Helper who opted for new cadre after re-designated and up gradation on completion of 3, 12, 21 & 30 years of service. At point no. 6 of the said circular it was specifically mentioned that " on re-designation, these Technical Workmen will have no right to claim any benefit of seniority & promotion etc. in old cadre ." A copy of circular dated 17.07.2019 is being enclosed herewith and marked as Annexure-R/2." 8. A perusal of the stand taken by discoms clearly reflects that the entire emphasis of justified the transfer from outside the division rather is on the ground that since on expiry of 3, 12, 21 and 30 years of service, new guidelines having framed vide circular dated 17.07.2019 resulting in their re-designation and enhanced financial benefits and, therefore, their seniority would not be adversely affected. 9. I am unable to persuade myself with such a recourse adopted by the respondents. The same is being noted only to be rejected. The reasons are not far to seek. Let us see how. 10. 9. I am unable to persuade myself with such a recourse adopted by the respondents. The same is being noted only to be rejected. The reasons are not far to seek. Let us see how. 10. Before proceeding further, pertinent it is to take note of the circular dated 17.07.2019, which is supposedly the trump card of the respondents to justify the stand taken in the reply as already quoted hereinabove. The said circular reads as under:- "CIRCULAR dated 17.07.2019 Sub.: Guidelines for fixation of pay in respect of Technical Helpers opted new cadre. Consequent upon re-designation of technical workmen (ITI) initially appointed as Technical Helper, the following guidelines are issued for their up-gradation on completion of 3. 12. 21 & 30 years of service :- 1. The re-designation of such technical helper (ITI) shall be effective from 01.04.2019. 2. On up-gradations, the financial benefit on account of increase in level in pay matrix will be allowed only on or after 01.04.2019. 3. Subsequent up-gradation with increase on level in pay matrix will be allowed by the S.E. on the recommendation of the committee constituted as under :- a. For O&M Wing :- (i) Xen of concerned division (ii) Circle Accounts Officer (iii) Circle Personnel Officer b. For M&P Wing :- (i) SE (M&P-ZPC) or his nominee not below rank of Xen (ii) Accounts Officer (DC) Jodhpur for M&P Circle Jodhpur. Accounts Officer (DC) Bikaner for M&P Circle Bikaner and Accounts Officer (O&M) Barmer for M&P Circle Barmer. (iii) Personnel Officer (DC) Jodhpur for M&P Circle Jodhpur, Personnel Officer (DC) Bikaner for M&P Circle Bikaner and Personnel Officer (O&M) Barmer for M&P Cirele Barmer. 4. The experience gained prior to re-designation shall be counted for the purpose of promotion/up-gradation. The period for counting 3, 12, 21 & 30 years service shall be reckoned from the date of initial joining as Technical Helper, 5. This up-gradation shall be subject to the condition that no DE or criminal proceedings are pending against the concerned workman and he is not under Suspension and his work performance during the preceding 7 years has been satisfactory and no penalty has been imposed during this period. 6. On re-designation, these technical workmen will have no right to claim any benefit of seniority & promotion etc. in old cadre." 11. 6. On re-designation, these technical workmen will have no right to claim any benefit of seniority & promotion etc. in old cadre." 11. Circular, ibid, clearly reveals that on completion of 3, 12, 21 and 30 years of service, as per Schedule-III, appended therewith, all that which is envisaged is re-designation of the technical workmen and/or technical helpers, which shall come in effect from 01.04.2019, depending upon the longevity of their services rendered until then. The circular clearly states in as many words as "experience gained prior to re-designation shall be counted for the purpose of promotion". 12. It is thus, clear that the circular is merely to accord certain financial benefits on completion of respective length of service of the various staff members of unskilled/semi-skilled and/or skilled categories. The benevolence thereof is simply to avoid any heart burn for lack of promotional opportunity. However, as and when a promotional post becomes available, it is stated clearly that their experience prior to re-designation shall be counted to consider them eligible as per their seniority, subject, of course, to the caveat, that “on re-designation, these technical workmen will have no right to claim any benefit of seniority & promotion etc. in old cadre.. There is no gainsaying to observe that experience gained prior to re- designation has to be read to mean the individual seniority of each staff member. Past experience can only be reckoned from the length of service which necessarily means the seniority. 13. The above position is fortified from the fact that on a court query, in course of hearing, ad idem response is that seniority list of the technical staff of the level of petitioners is being maintained at the respective sub division/ division levels and they are treated as cadre employees accordingly. 14. To sum up, The Memorandum of Settlement (1970) and the Rajasthan State Electricity Board (Technical Workmen) Service Regulations, 1975 establish that technical staff comprising of- unskilled/semi-skilled and/or skilled (Category 'A' or 'B') should not be transferred outside their seniority jurisdiction i.e. the respective sub divisions/ divisions which they have been assigned at the time of unbundling or subsequent recruitment, as the case may be. 14.1. The respondents rely on the circular dated 17.07.2019, arguing that re-designated employees have no right to claim seniority in their old cadre. However, the circular clearly states that experience gained prior to re-designation shall be counted for promotion. 14.1. The respondents rely on the circular dated 17.07.2019, arguing that re-designated employees have no right to claim seniority in their old cadre. However, the circular clearly states that experience gained prior to re-designation shall be counted for promotion. This means seniority remains intact, as experience is directly tied to service duration. 15. In the premise, the impugned transfer orders of the petitioners, who are stated to be the staff members either belonging to unskilled/semi-skilled and/or skilled (Category 'A' or 'B') have been transferred, are set aside, with liberty to pass fresh orders. Endeavor shall be made to keep them within the same division, subject of course to the administrative exigencies at the place to be determined at the discretion of the competent authority. 16. Before parting, I may hasten to add that it is not for this Court to substitute its own discretion to determine the work exigencies as has been argued on behalf of the petitioners, asserting that they should be allowed to continue on the same post at same place, since their transfers are not caused by any existing administrative exigency and/or are not in the interest of Discom. The said decision is, left open to the administrative experts. However, such work exigencies must be balanced against employee rights and service rules vis-à-vis humanitarian considerations in deserving cases, upon due verification thereof. Fresh transfer orders, wherever warranted, shall thus be passed only after considering administrative necessity/discom interest while ensuring employees remain within their sub division/division, as per their respective seniority being maintained. 17. All the writ petitions stand disposed of accordingly. 18. All pending application (s), if any, shall also stand disposed of.