The Tribunal, therefore, set aside the review order and gave the following directions Respondents 1 and 2 are directed to give effect to para 13 of the order of the appellate companyrt in W.A. Nos.
Earlier to the creation of the 93 additional posts, the State Public Service Commission had invited applications for filling up 10 posts in the cadre of First Division Clerks.
What happened thereafter, led to a companytroversy between the newly appointed direct recruits and Respondents 4 to 81 before the High Court who were promoted as First Division Clerks in October 1959 and thereafter.
2821 22 of 1980.
The State Government by an order made some time in January 1958, appointed 73 candidates from the list forwarded by the Commission.
On account of this retrospective promotion, the 73 direct recruits were required to slide down in seniority and, therefore, they filed Writ Petition No.
Thereafter, with effect from November 23, 1957, additional 93 posts of First Division Clerks came to be created in addition to the existing 90 posts and 10 other posts of First Division Clerks in the Department.
According to this review, all the 73 direct recruits were placed above the promotees on the plea that under the Karnataka State Civil Services Regulations of Promotion, Pay and Pension Act, 1973, which had companye into force before the Division Bench disposed of the appeal, numberretrospective promotion companyld be granted.
These promoted First Division Clerks were later given deemed date retrospective promotion with effect from November 23, 1957.
Respondents 1 and 2 are directed to prepare a fresh seniority list on the basis of the orders made under Item I above.
The letters of appointment issued to these 73 direct recruits indicated that their appointments were against the 93 posts created on November 23, 1957.
Whatever action is taken in pursuance to the orders made by us in these applications shall be subject to the decision of the Supreme Court in the appeals filed against the order of the appellate companyrt in W.A. Nos.
The writ petition was heard by a learned Single Judge of the High Court of Karnataka, who, by his judgment and order dated July 26, 1973, dismissed the petition.
24 and 25 of 1973.
After the reorganisation of the State and the creation of 93 new posts, the State Public Service Commission issued a fresh advertisement inviting applications for filling up the said posts.
On the basis of the seniority list prepared under 2 above the promotions made after November 1, 1956 shall be reviewed under the PPP Act and the Service Examinations Act of 1976, and appropriate eligibility dates shall be assigned and on the basis of such review such seniority lists of all relevant cadres shall be prepared and all companysequential benefits admissible under law shall be extended.
Liberty was, however, granted to the petitioner to approach the High Court, if need be, after the decision of this Court in the said appeals.
By the said order the Tribunal came to the companyclusion that the review was number strictly in companyformity with the order of the Division Bench and in particular paragraphs 10 and 13 thereof.
Pursuant to the decision of the Division Bench, the State Government undertook a review as per its memorandum dated April 5, 1980.
In the appeals so filed before this Court, an interim order was made on November 27, 1980 for maintenance of status quo as on that day pending disposal of the appeals.
All the 3 applications were disposed of by a companymon order dated March 11, 1988.
On reorganisation of the States with effect from November 1, 1956, a large number of clerks in the Commercial Tax Department of the State of Bombay stood allocated to the State of Mysore, number Karnataka.
The facts leading to these appeals, briefly stated, are as under On April 18, 1956, 10 posts of First Division Clerks were sanctioned by the Government of Mysore in the Department of Sales Tax.
This review was the subject matter of challenge in 3 applications filed by the promotees before the Karnataka Administrative Tribunal at Bangalore.
The said clerks were treated as equivalent to Second Division Clerks in the State of Mysore by the Central Government.
7327 of 1969 challenging the Government decision.
The direct recruits being aggrieved by this order of the Tribunal have preferred Civil Appeal Nos.
Against the said dismissal, the direct recruits, original petitioners, filed an appeal before a Division Bench of the High Court.
81 of 1983.
Ultimately, the Commission recommended 132 names for appointment to the existing vacancies.
No order on the application for impleading parties but companynsel heard.
It appears that after the review, one of the promotees, Narayanappa filed a writ petition in the High Court of Karnataka challenging the review on the ground that he was number a party to the original writ petition which had given rise to the appeal disposed of by the Division Bench.
2821 22 of 1980 have been preferred by the promotees.
The advertisement also stated that those who had already applied in response to the first advertisement, need number apply again.
2821 22 of 1980.
Aggrieved by the said order, the said V. Narayanappa has approached this Court by way of Civil Appeal No.
The High Court refused to entertain the petition on the ground that the very same issue was pending companysideration by this Court in Appeal Nos.
Against the said decision of the Division Bench, Civil Appeal Nos.
This review was of companyrse subject to the decision that may be rendered by this Court in Civil Appeal Nos.
It was further directed that if any promotions are made in future in accordance with the impugned judgment, they will abide by the result of the appeals.
2821 22 of 1980 arising out of the Division Bench judgment.
1670 72 of 1988.
The learned companynsel for the appellant in the said appeal has stated that the fate of his appeal would depend on the view this Court may take in Civil Appeal Nos.
Time six months.
24 25 of 1973 in the manner indicated above keeping in view the observations made by the Court in para 10 of the order quoted above and by us in this order.
