409/83.
119/83 for a declaration that his initial appointment was to a higher post and his seniority should be reckoned on that basis.
Their pay scale was Rs.
When the appellants services were regularised in 1967 he was placed in the category of Labour Inspector and it is only in 1982 he has been promoted to the post of Senior Inspector of Labour.
The order of appointment was in the following terms Pending filling up of the post of Asst.
150 270 from 1.1.1961.
120 220 and they had been regularly appointed by the State of Madras.
80 200/ .
The Government of Mysore made arrangements for filling up the posts with Local candidates by calling for names from the local Imployment Exchange and issuing orders of temporary appointment to the selected candidates.
860/79 for a direction that the bifurcation of departments should be made on the basis of the initial appointments or in the alternative that he be declared to be entitled to opt for the Factories and Boilers Department.
493 of 1983 affirming the dismissal of W.P. No.
The Transfer Petitions No.
Inspector of Labour, Udipi as per P.S.C. Rules, Shri Varadha Rao, B. is appointed tentatively as Assistant Inspector of Labour, Udipi on a pay of Rs.
In W.P. No.
4018 of 1980 for a review of the order passed in W.P. No.
1471 of 1969 but this Court declined to grant leave and dismissed the petition.
His seniority can, therefore, be reckoned only with reference to the date of regularisation of service and the date of his promotion viz.
1.3.1982 as Senior Labour Inspector.
The appellant cannot, therefore, claim that he had been regularly appointed to the Factories and Boilers wing in the year 1960.
In the said writ petition the appellant challenged an order dated 15.12.82 of the Government of Karnataka rejecting the statutory appeal preferred by him regarding the fixation of his seniority in the cadre of Labour Inspectors with effect from 21.12.1967 on which date his services as a Local candidate came to be regularised under the Karnataka Civil Services Recruitment of Local Candidates to Class III posts Rules, 1966 Regularisation Rules for short .
153/66 had since become a Judge of the High Court of Karnataka and therefore, he was apprehensive that he would number get a fair companysideration of the appeals in the High Court of Karnataka.
The appellant then reverted back to his attack on the dismissal of W.P. No.
When the suit was dismissed on 3.9.83 he filed R.F.A. No.
409/83 and W.A. No.
In 1980, the appellant filed W.P. No.
When the New State of Mysore came into existence on 1.11.1956 following the re organisation of States three incumbents in the post of Assistant Inspector of Labour of Madras area, namely Shriyuts J. Varadha Rhat, G. Umanath Rao and K. Venkataramana came to be allotted along with their posts to the State of Mysore.
1875 of 1981 in the City Civil Court, Bangalore to seek a declaration that the order passed in W.P. No.
When the Chief Inspector of Factories and Boilers circulated a letter on 1.1.79 calling upon the officials of his department to opt to remain either in the same department or to go over to the Labour Department, on account of the proposed bifurcation of the two departments, the appellant who was in the Labour Department and to whom the circular did number apply, filed W.P. No.
493/83, the dismissal of which has given rise to this appeal by special leave.
The companysistent stand of the Government has been that the appellant was numberdoubt issued an order of appointment to the post of Assistant Inspector of Labour but the post was number equitable with the posts held by the allottees from the Madras State Service.
It is only in the year 1963 that the petitioner came to be transferred from the Factories Boilers Department to the Department of Labour On a close reading of the statements made in the two writ petitions we do number find any companyflict in the stand of the Government in those petitions or any suppression of material facts in the earlier petition.
The appellant then sought the leave of this Court to prefer an appeal and filed S.L.P. No.
Unrelentingly the appellant filed a suit O.S. No.
120 and 121 of 1984 were dismissed by this Court on 5.3.84.
Yet another infirmity in the case of the appellant is that he claims a right of placement in a promotional post at the very companymencement of his service.
153/66 on the footing that the special Government Pleader had misrepresented facts to the Court regarding 2 the post to which he was initially appointed and as such the decision rendered in the said writ petition was vitiated by fraud.
Disputing the seniority assigned to him, the appellant preferred an appeal under Rule 19 of the Karnataka Civil Services Classification, Control and Appeal Rules, 1957 and companytended that his seniority should be reckoned from the date of his assuming office i.e. 17.10.1960 and furthermore he should have been categorised in a higher post equivalent to Assistant Inspector of Labour Madras State Secvice instead of Labour Inspector Mysore State Service .
860/79 it was stated in the companynter affidavit as follows At the time of integration of States, there were three posts of Assistant Inspectors of Labour, two at Mangalore and one at Udipi in the scale of Rs.
These posts fell vacant during 1958 when the incumbents by virtue of their seniority were posted against the higher posts.
In W.P. No.
The appellant was one such person to be appointed to one of the three posts.
As regards the appellants claim that he was appointed in the Factories and Boilers wing, numberhing much turns upon it because the appellant himself has stated in his affidavit that the second respondent, Labour Commissioner companytinued to function as the ex officio Chief Inspector of Factories and Boilers and Director of National Employment Service till the Employment Exchange Department got its own full time Director during 1963 64 and the Factories and Boilers Department got its own full time Chief Inspector of Factories and Boilers during 1979.
On account of these factors the appellants attempt to disown his regularisation in the Labour Department in 1967 and to claim a berth in the Factories and Boilers Department is thoroughly misconceived.
On a scrutiny of the matter we find the argument to be wholly devoid of merit.
He has further stated in his affidavit that because the second respondent was having both the departments under his companytrol he was mixing up the officials in the two departments and posting them in one section or the other.
150 200 old Madras Area under the companytrol of Inspector of Factories, Mangalore.
The petitioner whose name was sponsored through the Employment Exchange, was appointed against one of these posts 2It is also to numbere that the petitioner was originally appointed as Assistant Inspector of Labour in the Factories and Boilers wing, which was regarded as a separate department.
During the year 1958 59 those three allottees were promoted to higher posts by virtue of their seniority.
This petition was also dismissed and it was pointed out that the order sought to be reviewed had become final by reason of the writ appeal and the special leave petition filed by the appellant.
A gradation list of Labour Inspectors was published on 30.7.1981 pursuant 10 the review of promotions under The Karnataka Civil Services Regulation of Promotion, Pay and Pension Act, 1973 in which the appellants seniority was reckoned from 21.10.1967 the date of his regularisation , in the cadre of Labour Inspector, and he was assigned the rank of 99 in the seniority list.
Subsequently the Writ Appeal and the Regular First Appeal were heard by the High Court and were dismissed on 7.6.84 and 24.7.84 respectively.
The appellant sought a joint hearing of R.F.A. No.
There is numberadmission in the later petition that the appellant was appointed to a post equivalent in all respects to the posts held by the allottees.
61/69 and the appeal too was dismissed by a Division Bench of the High Court.
W.P. No.
The petition was dismissed on 4.2.1980 on the ground that under Rule 15 of the Karnataka Civil Services General Recruitment Rules, 1957 the Government was empowered to transfer an official from one department to another and that the appellants temporary appointment as Assistant Inspector of Labour by the Inspector of Factories, Bangalore did number companyfer on him a vested right to opt for inclusion in the Factories and Boilers Department.
His companytention in the writ petition and the writ appeal as well as in this appeal before us is that the fixation of his seniority on the basis that his initial appointment was as a Local candidate is erroneous and secondly, at all events his appointment was to one of the posts of Assistant Inspector of Labour transferred from the erstwhile State of Madras to the State of Mysore at the time of reorganisation of States and as such the regularisation of his services in 1967 should have been in a higher category post instead of the category of Labour Inspector.
153/66 was a nullity.
Following a companymunication from the Labour Commissioner, Bangalore, the Inspector of Factories, Bangalore issued an order of appointment to the appellant on 14.10.60 appointing him tentatively as Assistant Inspector of Labour, Udipi on a temporary basis on a pay of Rs.
On the basis of relevant materials, he has been assigned serial number 99.
The grounds on which the appellant rests his case for a higher seniority may be set out as below.
Besides he was posted in the year 1963 as a Labour Inspector and his regularisation in the service was also to the post of Labour Inspector.
Natarajan, J. 1 This appeal by special leave is directed against the judgment of the High Court of Karnataka in W.A. No.
80 200.
153/66 and filed a Review Petition C.P. No.
493/83 and in addition he also sought a transfer of the two appeals to another High Court on the ground that the Special Government Pleader who had appeared for the State of Mysore in W.P. No.
119 of 1983 filed by the appellant.
In the meanwhile the appellant had filed another petition viz.
The High Court of Karnataka dismissed the writ petition.
The appellant filed S.C.L.A.P. No.
