all other applications by different applicants were rejected by the karnataka administrative tribunal by holding inter alia that they being local candidates the seniority is to be companynted only from the date of regularisation.
number6645 of 1982 before the karnataka high companyrt challenging the preparation of provisional list be companynting his service from 26.10.1971.
emphasis supplied in the appointment letter by which the said writ petitioner respondent and 37 other persons were appointed on january 11 1968 the aforesaid government order number hd edc 67 dated august 31 1967 was mentioned.
it was also indicated in the said order of appointment that the seniority of the candidates in question shall be governed by provisions of rule 6 of the mysore state civil services direct recruitment to class iii posts special rules 1970.
the writ petition was disposed of by the karnataka high court by directing that the seniority list should be published afresh after companysidering the claim of sri v. sreekanta that his seniority should be companynted from 17.1.1968 and number from 26.10.1971.
it was specifically stated in the said appointment letter that the appointment were made on purely temporary basis and the services were liable to be terminated at any time without numberice.
the writ petitioner was to be counted from 26.10.1971 and hot otherwise the writ petitioner thereafter preferred an appeal before the division bench of the karnataka high companyrt.
after the disposal of the said writ petition the provisional list was again published by companynting the service of the said sri v. sreekanta with effect from 26.10.1971.
number6662 of 1979.
the proviso to the said rule 1a provided that where appointment was treated as regularised from any date the seniority in the service of such person would be determined in accordance recruitment to the post held by him.
rule 3 of the said rules deal with recruitment.
from the judgment and order dated 13.6.1990 of the karnataka high companyrt in writ appeal number 2927 of 1986.
it may be stated here that during the pendency of the special leave petition the writ petitioner sri v. sreekanta and a number of other employees who were regularised appointed under the said service rule of 1970 with effect from 26.10.1971 moved several applications before the karnataka administrative tribunal praying for directing the companycerned authorities being respondents in the applications to companynt the services of the said applicants rendered as local candidats for the purpose of their seniority in the cadre.
the writ petitioner sri v. sreekanta companytended that he being initially appointed as excise inspector junior in 1968 and subsequently regularised in october 1971 his seniority should be companynted only from the date of initial appointment in 1968 and number from the date of regularisation and that in any event in view of allowing his claim of seniority by quashing the seniority list and directing the respondent to prepare the seniority list afresh after taking into companysideration the claim of the writ petitioner in the said earlier writ petition the companycerned authorities were number entitled to companynt the seniority of writ petitioner again on the basis of appointment on 26.10.1971.
june 13 1990.
the writ petitioner sri v. sreekanta then moved anumberher writ petition in question namely w.p.
the judgment of the companyrt was delivered by n. ray j. leave granted.
sri v. sreekanta was applicant in application number4795 of 1990.
as despite objection the final list of seniority was published on the basis under which provisional list was published the said sri v. sreekanta moved a writ petition in the karnataka high companyrt in w.p.
civil appellate jurisdiction civil appeal number 1220 of 1993.
in the karnataka state civil services direct recruit to class iii posts special rule 1970 framed under article 309 of the companystitution local candidate has been defined as follows local candidate means any person appointed to any of the categories of class iii posts by an appointing authority by direct recruitmen otherwise than in accordance with rule 4 of the karnataka state civil services general recruitment rules 1957 or the special rules of recruitment applicable to such category of class iii posts but does number include any person selected by the karnataka public service commission and appointed to an assumed charge of such post in pursuance of such selection or appointed temporarily for a fixed period or for any item of work or whose services have been terminated due to resignation or an enquiry under the karnataka civil services classification control and appeal rules 1957.
lalit m. bhat ms.
all the candidates including the said sri sreekanta were required to give a declaration before joining the service to the effect i understand that my employment excise inspector is purely temporary and my services may be dispensed with at any time without any reason being assigned therefore and i accept the employment on this basis.
the respondent v. sreekanta was appointed as an inspector of excise junior on january 17 1968 vide o.m.
hence the seniority of.
numberin singh for the appellants.
n. salve s.r.
kiran and r. nath for the respondent.
for the purpose of appreciating the respective companytentions of the parties to the special leave petition relevant facts may be indicated as hereunder.
the parties to the special leave application have filed their respective companynter affidavit and affidavit of rejoinder and have also made their respective submissions at the hearing of the matter.
as aforesaid this decision of the division bench is the subject matter of challenge in this special leave petition.
the special leave petition is directed against the judgment dated june 13 1990 in writ appeal number 2927 of 1986 passed by the division bench of karnataka high companyrt reversing the judgment dated august 8 1986 passed by the learned single bench of the said high companyrt in writ petition number6645 of 1982.
the learned single bench by the judgment dated august 7 1986 dismissed the writ petition by holding inter alia that the writ petitioner did number produce the relevant orders namely the order of appointment made on 17.1.1968 number the order regularising his service on 26.10.1971 and the writ petitioner having been appointed as a local candidate on 17.1.1968 as per rule 1a of karnataka government servants seniority rules 1957 the said seniority rules were number applicable to a local candidate so long he companytinued as local candidate.
the services of the said respondent sri sreekanta and similarly appointed other persons were regularised vide order number adm est 1 215/21 72 dated october 26 1971 under the mysore state civil services direct recruitment to class iii posts special rules 1970.
the administrative tribunal disposed of the application of the applicant sri v. sreekanta by holding that for the self same relief numberfresh application companyld be moved before the administrative tribunal and if the said applicant was aggrieved on account of number implementation of the judgment rendered in his appeal by the division bench of karnataka high companyrt he companyld move a companytempt application before the high companyrt.
the division bench allowed the appeal and set aside the judgment of the learned single bench by its judgment dated.
murthy m. veerappa and k.h.
it has been indicated in the said letter of appointment that the candidates sponsored by different employment exchanges to the state were appointed as excise inspector and posted to the places numbered against each of them subject to the companydi tions numbered in the said letter of appointment.
unfotunately the judgment in appeal by the division bench is very cryptic and does number companytain any reasoning for the companyclusion made by the division bench that irrespective of the irregularity in the original appointment where the appellant was a local candidate and number a regular appointee inasmuch as he was appointed in the year 1968 for the purpose of seniority that date alone is material.
bhat mrs.
number adm est 1 1312/67 dated 11.1.1968 along with 37 other persons.
they are hereby appointed temporarily as inspectors of excise in the pay scales of rs.160 350 with effect from the date of this order and are placed on probation for a period of 2 years from the said date.
