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1997 Supreme(SC) 377

K.RAMASWAMY, SUJATA V.MANOHAR
H. R. Ramachandraiah – Appellant
Versus
State of Karnataka – Respondent


ORDER

These special leave petitions arise from the order of the Karnataka Administrative Tribunal, made on October 31, 1996 in Application Nos. 1374 and 1375/96.

2. The admitted position is that the petitioners were appointed as Laboratory Attenders in the Department of Horticulture under the Karnataka Horticulture (Department) Recruitment Rules, 1974. Under the hierarchy of the posts, there are Gardners, Peons, Zamadars including Attenders, Head Gardners and Field Assistants in the said Department and various scales of pay have been prescribed in the above Rules. The Rules prescribe 25% quota for recruitment by promotion to the posts of Field Assistants from the cadre of Head Gardners, Gardners, Maistries and col. 3 thereof prescribes the minimum qualification for promotion to the same category. The petitioners had filed the OA claiming promotion to the posts of Field Assistant treating that Laboratory Attenders are equivalent to Head Gardners and, therefore, they are eligible to be considered for promotion to the post of Field Assistant. They placed reliance on the judgment of a learned single Judge of the Karnataka High Court. The Tribunal has not accepted the same and dismissed






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