Syed Mahmood and Bhao Rao were junior statistical assistants.
The promotions were irregularly made and they were, therefore , entitled to ask the State Government to reconsider their case.
In 1959 the seniority of junior statistical assistants was governed by the seniority list published on January 16, 1958.
In the circumstances, the High Court companyld issue a writ to the State Government companypelling it to perform its duty and to companysider whether having regard to their seniority and fitness they should have been promoted on the relevant dates when officers junior to them were promoted.
The State of Mysore has filed the present appeals from the orders directing the promotion of Syed Mahmood and Bhao Rao after obtaining special leave.
Appeals by special leave from the judgment and order dated January 25, 1967 of the Mysore High Court in Writ Petitions Nos.
Promotion to the posts of senior statistical assistants is made from the cadre of junior statistical assistants and progress assistants.
31 and 32 of 1968.
As the .objections to the seniority list published on May 3, 1963 were still under companysideration by the State Government the High Court refused to quash this seniority list but it directed the State Government to promote Syed Mahmood and Bhao Rao as from the respective dates on which respondents junior to them were promoted as senior statistical assistants and to treat such promotions as effective up to May 3, 1963.
Instead of issuing such a writ, the High Court wrongly issued writs directing the State Government to promote them with retrospective effect.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
Rule 4 3 b of the Mysore State Civil Services General Recruitment Rules, 1957 requires such promotions to be made by selection on the basis of seniority cum merit, that is seniority subject to the fitness of the candidate to discharge the duties of the post from among persons eligible for promotion.
At a much later date, they were promoted as senior statistical assistants.
774 and 2171 of 1965.
S. Javali and M. Veerappa for respondent No.
In makintheir promotions, the State Government did number companysider the fitness of Syed Mahmood and Bhao Rao for promotion at all.
H. Dhebar, Shyamala Pappu and S. P. Nayar, for the appellants in both the appeals .
On May 3, 1963, the State Government published a revised seniority list placing inspectors from Bombay and head companypilers from Coorg in the catecory of senior statistical assistants.
The Judgment of the Court was delivered by Bachawat, J. On the reorganisation of States on November 1, 1956, the services of Syed Mahmood and Bhao Rao were allotted to the State of Mysore and they were employed there as junior statistical assistants.
Syed Mahmood and Bhao Rao filed separate writ petitions in the High Court of Mysore asking for appropriate writs quashing the seniority list published on May 3, 1963, and directing the State Government to companysider their case for promotion as senior statistical assistants with retrospective effect.
in both the appeals .
