SANTOSH DUGGAL, T.K.TUKOL
MANIYAR – Appellant
Versus
STATE OF MYSORE – Respondent
( 1 ) THE question raised by the petitioner relates to regulation of seniority of an officer who has been "reinstated" into service some months after he had been relieved of his duties on acceptance of his voluntary resignation.
( 2 ) THE petitioner and respondent 3 were appointed in the former State of Bombay as probationary sub-registrars in grade III, in the year 1948 and had been confirmed in that grade in due course, long before the Reorganization of States. The petitioner was junior to respondent 3. Both of them were allotted to the new State of Mysore with effect from 1 November, 1956. In the division wise provisional seniority list for the Belgaum Division, the petitioner was shown at serial No. 7 and respondent 3 was shown at serial No. 4 under the category of second-grade sub-registrars. In the State-wise list of second grade sub-registrars prepared for promotion to the post of first-grade sub-registrars in August, 1959 the rank of respondent 3 was 38 while that of the petitioner was 40. On 26 January, 1960, respondent 3 tendered his resignation to the inspector-General of Registration (respondent 2) and the latter accepted the same with effect from 13 Februar
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