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1998 Supreme(SC) 138
1998(2) Supreme 441
Supreme Court of India
(From Karnataka Administrative Tribunal)
M.M. Punchhi, CJI. and Srinivasan, J.
C.Krishna Gowda &Ors.etc.etc. -Appellants
versus
State of Karnataka & Ors. -Respondents
Civil Appeal Nos. 528-536 of 1998
(Arising out of SLP (C) No. 10291 of 1996
And
SLP (Civil) Nos. 14792-14797 & 17228-17229 of 1996)
Decided on 2-2-1998
Counsel for the Parties :
For the Appearing Parties : M. Rama Jois, Kapil Sibal, V.C. Mahajan, Sr. Advocates, Manoj Goel, Ms. Indu Malhotra, S.N. Bhat, Ms. Binu Tamta, K.R. Nagaraja, K.K. Tyagi, P. Mahale, D.K. Garg, Satpal Singh, (R.C. Kaushik) Advocate (N.P.), P.N. Gupta, Anis Suhrawardy, Advocates.
Headnote:Service Law - Karnataka Administrative Service - Seniority inter se direct recruits and promotees-Government’s gradation list published by notification dated 13.1.1972 fixing seniority was challenged-In V.B. Badami v. State of Mysore, 1976(2) SCC 90 Court directed to fix quota between promotees and direct recruits with reference to permanent strength of 135 junior duty posts-Cadre strength was found to be 135-Court held that neither promotees could be alloted to any substantive vacancy nor direct recruits to promotional vacancies-Gradation List of junior scale officers as on 30.6.1973 was drawn up on basis of guideline-Government order No. GAD 590 SMC dated 3.3.1976 with reference to fixation of cadre strength of K.A.S. (Junior Scale) showed 152 permanent post and 135 temporary post-Gradation list published on 2.2.1997-Meanwhile Karnataka Civil Service (Probation) Rules were framed in June 1977-At instance of direct recruits Government re-fixed inter-se seniority in gradation list-Gradation list was challenged which culminated in decision in Gonal Bhimappa v. State of Karnataka, 1987 (Suppl.) SCC 207 wherein principles laid down in Badami’s case was affirmed-Government thereafter granted promotion to petitioners (promotees) simultaneously fixing seniority list of direct recruits in 1990-Promotees (petitioners) challenged seniority list-Administrative Tribunal upheld fixation of seniority-Promotees’ case was Government had increased cadre strength to 285 post by order dated 3.3.1976 and in view of amendments of Rules in 1977 quota for promotees should be fixed on that basis and not on footing that cadre consisted of 152 permanent post only-Not sustainable-In Government orders dated 3.3.1976 temporary post mentioned in appendix was not included in cadre-Rule 9 of Probation Rules as amended in 1977 refers to only substantive vacancy -Government Notification dated 30.4.1990 and accompanying Gradation list are in pursuance of decision in Gonal Bhimappa’s case. (Paras 13 to 16)
Judgment
Srinivasan, J.-Leave granted in all the S.L.Ps.
The phoenix has risen again. Admittedly this is the fourth round of litigation in the dispute which germinated about three decades and three years ago between two groups of employees in Karnataka Administrative Service. One group comprises persons directly recruited as Assistant Commissioners in Group ‘A’ (junior scale) while the other consists of Tehsildars promoted as Assistant Commissioners. This matter came to this Court on three occasions and the relevant Rules were considered elaborately and interpreted on two of them. The history of the Rules governing the service need not be repeated here as it has been set out in detail in the previous rulings.
2. The Government of Mysore published a gradation list prepared as on January 1, 1972 by a notification dated January 13, 1972 fixing the seniority of the Assistant Commissioners. The same was challenged in V.B. Badami v. State of Mysore1. Before this Court as many as six contentions were urged, the first of them being that the quota rule applied to vacancies in all posts whether permanent or temporary. All the six contentions were rejected. While dealing with the first contention, this Court gave three principal reasons:-
I. The cadre consisted only of permanent posts.
II. The advertisement of the Public Service Commission stated that the posts were likely to be made permanent.
III. Rule 9 of the Mysore Government Servants Probation Rules provided for confirmation of a probationer as a full member of the service at the earliest opportunity in any substantive vacancy which may exist or arise in the permanent cadre of the service.
3. The court went on to hold that the quota between promotees and direct recruits was to be fixed with reference to the permanent strength of 135 junior duty posts. The cadre strength was found to be 135 permanent posts. In para 34 of the judgment, the court said that so long as the quota rule remained, neither promotees could be alloted to any of the substantive vacancies meant for the quota of direct recruits nor direct recruits could be allotted to promotional vacancies. Ultimately the court dismissed the appeals rejecting the claim of the promotees.
4. That judgment was delivered on September 17, 1975. The State Government issued an official memorandum on July 5, 1976 laying down guidelines for determination of seniority between the direct recruits and promotees. The Gradation List of Junior Scale Officers as on June 30, 1973 was drawn up on the basis of such guidelines and notified on August 10, 1976. In the meanwhile on 3rd March, 1976 the Government passed an order number GAD 590 SMC dated 3.3.1976 with reference to the fixation of cadre strength of K.A.S. (Junior Scale). As strong reliance is placed by the petitioners on the said order in support of their contention that the total cadre strength was increased to 285 by including 133 temporary posts under the government order it is necessary to extract the operative part thereof:
Order No. GAD 590 SMC 74, Bangalore, dated the 3rd March, 1976.
Read:
G.O.No. GAD 110 SMC 66, dated 23.1.1967.
In Government Order dated 23-1-1967, the permanent cadre strength of KAS Class-I (Junior Scale) was fixed at 151. The composition of the cadre has not changed, since some of these posts are no longer held by KAS Class-I (Junior Scale) Officer because they have been upgraded to the KAS (Senior Scale) or are now held by Officers of the respective Departments. The present cadre strength has, therefore been reviewed in the light of these changes. In the past the temporary posts held by KAS Class-I (Junior-Scale) were treated as temporary additions to the cadre from time to time. It is now proposed to show the permanent and temporary cadre strength in a common order to have a clear picture of the cadre.
Accordingly, Government hereby fix the permanent and temporary cadre strength of KAS Class-I (Junior-
