M.M.DUTT, RANGANATH MISRA
GONAL BIHIMAPPA – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
RANGANATH MISRA, J.
( 1 ) THE obstinate problem of inter se seniority, this time amongst officers in the Karnataka Administrative Service has fallen for determination in this group of appeals by special leave and Writ Petition under Article 32 of the Constitution at the instance of both direct recruits and promotees.
( 2 ) IT is not disputed that under the relevant Recruitment Rules of 1957 in regard to Class I Junior Scale posts there was a quota system - two-thirds of the vacancies had to be filled up by promotion by selection from Class II officers and the remaining one-third by direct recruitment by competitive examination to be held by the public service commission. When direct recruitment had not been made timely as envisaged by the scheme in the Rules officiating promotions were given in respect of posts covered by the direct recruit quota. Such temporary promotions remained effective for a number of years sometimes varying between 5 and 8 - and later when the vacancies within the direct recruitment quota were filled up, the appointments made in latter years were deemed to carry weightage for seniority on the footing of deemed filling up when vacancies had arisen. Thu
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