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2001 Supreme(SC) 89

B.N.AGARWAL, G.B.PATTANAIK
Surya Kant Kadam – Appellant
Versus
State of Karnataka – Respondent


ORDER

These appeals are directed against the impugned order of the Karnataka State Administrative Tribunal. The appellant on the death of his father was given a compassionate appointment as second division assistant/clerk, even though he had applied for the post of Sub-Inspector of Excise and did possess the necessary qualifications for the said post. Respondents 3 and 4 whose father also died while in service, were appointed similarly as Second Division Assistant/Clerk on 9.1.1978 and 19.12.1979 respectively. Those respondents 3 and 4 while continuing as second division assistant/clerk were later on promoted/appointed as Sub-Inspector of Excise on 3.10.1987 and 27.4.1988. The appellant who had been earlier appointed on compassionate ground as second division assistant/clerk and was entitled to be considered for appointment as Sub-Inspector of Excise was not considered when the respondents 3 and 4 were appointed as Sub-Inspector of Excise. The appellant therefore moved the State Administrative Tribunal claiming that his case for appointment as Sub-Inspector of Excise be considered or in the alternative the appointment of respondents 3 and 4 be quashed. The Tribunal considered the ap



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