JUDGMENT :

L. Nageswara Rao, J.

Leave granted.

1. The promotion of Respondent No.2 to the post of Assistant Professor (Ophthalmology) and further promotion to the post of Professor (Ophthalmology) was challenged by the Appellant before the Karnataka Administrative Tribunal (for short “the Tribunal). The Tribunal set aside the orders of promotion of Respondent No.2 to the post of Assistant Professor and Professor (Ophthalmology). The Writ Petition filed by the Respondent No.2 against the judgment of the Tribunal was allowed, the legality of which is assailed in this Appeal.

2. The relevant facts for adjudication of the dispute are as follows:

The Appellant was appointed as Assistant Surgeon after being selected by the Karnataka Public Services Commission on 11th December, 1987 whereas Respondent No.2 was appointed as Assistant Surgeon on 10th September, 1991. Respondent No.2, along with 125 other Medical Officers and Assistant Surgeons, was posted in Health & Family Welfare Department as Lecturer on deputation basis by an Order dated 20th May, 1992. The conditions attached to the deputation made in public interest were that the appointment will not confer any right to change over as lect