Judgment

S.B. Sinha, J.—Construction of an inter-parties order of this Court is in question in this appeal wherein the validity of an amendment of the reservation policy of the State which was the subject matter of a decision of this Court in N.T. Devin Katti and Others v. Karnataka Public Service Commission and Others [(1990) 3 SCC 157], had been raised. This Court therein declared that the revised reservation policy was not applicable to selection initiated prior thereto and consequently directed.

“15.....In this view, we direct the State Government to appoint the appellants on the posts of Tehsildars with retrospective effect, but if no vacancies are available the State Government will create supernumerary posts of Tehsildars for appointing the appellants against those posts. We further direct that for purposes of seniority the appellants should be placed below last candidate appointed in 1976, but they will not be entitled to any back wages. The appellants will be entitled to promotion if otherwise found suitable.”

2. The Respondent thereafter filed an original application before the Karnataka Administrative Tribunal claiming appointment as Assistant Commissioner although in terms