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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
B.M. Kalagate and G.K. Govinda Bhat, JJ.
Narayan Hosabhayya Naik —Appellant
Vs.
State of Mysore by its Chief Secretary, Vidhana Soudha, Bangalore and others —Respondent
Writ Petition No. 12 of 1965
Decided on : 08-03-1967
Transfer - Mysore Government Secretariat Services - Mysore State Civil Services (General Recruitment) Rules, 1958, Rule 16 - Mysore Government Servants (Seniority) Rules, 1957, Rule 6 - Inter-State Seniority List - Absorption of surplus staff - Seniority determination - Challenge to orders of transfer, absorption, and promotion - Preliminary objection of laches overruled - Grounds for challenge - Power of transfer and absorption by State Government - Determination of seniority under Rule 6 - Final decision in favor of respondents
Fact of the Case:
The petitioner challenged the transfer, absorption, seniority, and promotion of respondents 2 to 10 in the Mysore Government Secretariat Services. The petitioner, serving in the Mysore Government Secretariat, contested the transfer and absorption of respondents 2 to 10 from the Translation Department to the Secretariat, and their subsequent seniority and promotion over the petitioner. The petitioner argued that the transfer contravened recruitment rules and that the seniority determination was illegal. The petitioner also contended that the respondents' names were wrongly included in the Inter-State Seniority List of First Division Clerks in the Mysore Government Secretariat.
Finding of the Court:
The court overruled the preliminary objection of laches raised by the State and found that the delay in filing the petition was satisfactorily explained. The court rejected the petitioner's contentions and upheld the orders of transfer, absorption, and promotion. It held that the State Government had the power to transfer and absorb officials and to determine their seniority under Rule 6 of the Mysore Government Servants (Seniority) Rules, 1957. The court also clarified that the inclusion of respondents' names in the Inter-State Seniority List was for convenience and subject to re-adjustment based on the final list prepared by the Central Government.
Issues: Challenge to transfer, absorption, seniority, and promotion of respondents 2 to 10 - Preliminary objection of laches - Grounds for challenge - Power of transfer and absorption by State Government - Determination of seniority under Rule 6 - Inclusion of names in Inter-State Seniority List
Ratio Decidendi: The State Government had the power to transfer and absorb officials and to determine their seniority under Rule 6 of the Mysore Government Servants (Seniority) Rules, 1957. The inclusion of respondents' names in the Inter-State Seniority List was for convenience and subject to re-adjustment based on the final list prepared by the Central Government.
Final Decision: The court dismissed the petition and upheld the orders of transfer, absorption, and promotion, ruling in favor of respondents 2 to 10. The petitioner's contentions were rejected, and the court awarded costs to the respondents.
Govinda Bhat, J.—In this writ petition preferred under Art. 226 of the Constitution of India, the petitioner has challenged the transfer to, and absorption in, of respondents 2 to 12 in the cadre of Assistants in the Mysore Government Secretariat Services, and giving them seniority and promotion over the petitioner. The facts so far as they are material may be briefly stated:
The petitioner who had entered service as an Assistant in the Bombay Secretariat Service on 17-10-1955, was allotted to the New State of Mysore consequent on the Reorganization of States and since then he has been serving in the Mysore Government Secretariat. Respondents 2 to 10 with exception of respondents 8 and 9 were serving in the Translation Department of the erstwhile State of Mysore, and respondents 8 and 9 are allottees from the erstwhile States of Hyderabad and Madras respectively, to the new State of Mysore under Section 115 of the States Reorganization Act, 1956, hereinafter called the Act. Respondent 1, the State of Mysore, prepared and published on 18th November 1957, under the directions of the Central Government, a Provisional Inter-State Seniority List of First Division Clerks in the Mysore Government Secretariat. The petitioner's ranking in the said list is serial No. 323. The said list was revised on 11th May, 1962 and 29th September 1962. The names of respondents 2 to 10 were not included in the Provisional Inter-State Seniority List of the First Division Clerks in the Mysore Government Secretariat; but their names were included in the Provisional Inter-State Seniority List of the Department of Translation published on 23rd November, 1957. The names of respondents 11 and 12 were included in the Provisional Inter-State Seniority List of First Division Clerks in Mysore Government Secretariat, published on 18th November, 1957 and the subsequent revised lists. In the first list, their ranking was Nos. 259 and 260 respectively. In the remarks column No. 7, it is stated that respondent No. 12 is on deputation from the Revenue Department.
(2) The office of the Kannada Translator to Government was reorganised by order of the Government made in GAD 13 TAR 57 dated 24th August, 1959. Consequent on the said Reorganization, there was surplus staff to one gazetted officer and 18 Class III officials. Respondents 2 to 10 who were First Division Clerks in the office of the Kannada Translator to Government, were transferred to the Mysore Government Secretariat against the existing vacancies and were directed to be absorbed vacancies and were directed to be absorbed there with effect from 1st October 1959. The petitioner having challenged the said order, it is necessary to set out the same. It reads:
"Reorganization of the office of the Kannada Translator to Govt.--Absorption and transfer of surplus staff.
GOVERNMENT OF MYSORE
General Administration Department (O, & M.) Read-
1. Government Order No. GAD 13 TAR 57, dated 24-8-1959, ordering the Reorganization of the office of the Kannada Translator to Government.
2. Correspondence ending with letter No. KTO 255 dated 19th September 1959 from the Kannada Translator to Government.
Government order No. GAD 13 TAR 57,
Dated, Bangalore, the 30th Sep.1959/
Aswaja 8, Saka Era, 1881
Consequent on the Reorganization of the Office of the Kannada Translator to Government there will be surplus staff of one gazetted officer and 18 officials of Class III. The following officials are transferred to Mysore Government Secretariat against existing vacancies and will be absorbed there with effect from 1st October 1959:-
Sarvashri:--
1. V. Gururajan 1st Dn. Clerk OOD in Census Department till Feb. 1960
2. M. V. Govindaiah do
3. Lakshman Rao S. Jagirdar do
4. S.Ramachandrachar do
5. H. Venkateshiah do
6. B. C. Subbaraya Sastry do
7. H.M.R. Gowda do
8. B. Rami do
9. N. R. Balehosur do (already working in E.E.S)
10. K. Keshava Rao do
* * * * * *
Sarvashri K. Keshava Rao, Anantapadmanabha Rao, Hanumanthachari and S. M. Kodakani, First Divisi
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