Aggrieved thereby, the petitioners have filed these petitions for leave to appeal to this companyrt against the judgment of the Tribunal.
Accordingly, Government hereby fix the permanent and temporary cadre strength and temporary cadre strength of KAS Class I Junior Scale as shown in the Appendix.
Challenging the same certain promotes filed writ Petitions in the Karnataka High Court.
READ O.No.
This issues with the companycurrence of Finance Department vide U.O.No.
GAD 590 SMC 74.
The judgment of the High Court was challenged in this companyrt in a batch of Appeals by Special Leave.
DATED THE BRD.
However, the High Court observed that the judgment of this Court would bind number only the parties thereto but also the other promotes who were petitioners before it.
The partitions were kept pending after numberice awaiting the decision by the Constitution Bench in Direct Recruits Class II Engineering Officers Association Versus State of Maharashtra 1990 2 S.C.C. 715 after the decision of the Constitution Bench the writ petitions of the promotes were disposed of by the companyrt with a direction to the petitioners to approach the High Court and seek appropriate remedies.
In the appendix 133 posts were set out under the caption Temporary posts under State Government in 29 categories.
The state government issued an official memorandum on July 5, 1976 laying down guidelines for determination of seniority between the direct recruits and promotes.
BANGALORE.
FD 248/8 I 75, dated 27.1.1976.
In June 1977, Karnataka Civil Services Probation Rules were framed in exercise of the power companyferred by Article 309 of the Constitution.
Writ Petitions under Articles 32 were filed by direct recruits.
It is number proposed to show the permanent and temporary cadre strength in a companymon order to have a clear picture of the cadaro.
THE 2ND DAY OF FEBRUARY, 1998 Present Honble the Chief Justice Honble Mr.Justice M.Srinivasan Rama Jois, Kapil Sibal, V.C. Mahajan, Sr, Advs.,
The Tribunal also placed reliance on certain passages in the judgment of the Constitutions Bench of this Court in that case to the effect that a decision companycerning a large number of government servants in a particular service given after careful companysideration of rival companytentions is binding on all of the members of the service.
The Tribunal perused the records in Gonal Bhimappas case and arrived at a factual finding that this companyrt was dealing with an identical set of facts in that case.
The Government Order of 22.5.80 was quashed and a direction was issued to the State Government to modify the gradation list earlier published in August 1976.
All the cases were heard and disposed of by a companymon judgment on August 11, 1987.
That companytention was rejected by the Tribunal which held that there was numberspecific direction permitting the High Court or the Tribunal to reconsider the issue.
GAD 110 66, dated 23.1.1967.
After referring to the judgments of this companyrt in various cases the tribunal dismissed the petitions upholding the companyrectness and validity of the government order.
In the meanwhile on 3rd March, 1976 the Government passed an order number GAD 590 SMC dated 3.3.1976.
The writ Petitions were disposed of by the High Court on 8.9.82 when they were partly allowed.
The companyposition of the cadre has number are numberlonger held by KAS Class I Junior Scale Officer because they have been upgraded to the KAS Senior Scale or are number held by officers of the respective Departments.
The present cadre reviewed in the light of these changes.
In the past the temporary posts held by KAS Class I Junior Scale were treated as temporary additions to the cadre from time to time.
N.P. , P.N.Gupta, Anis Suhrawardy, Advs.,
In Government order dated 23.1.1967, the permanent cadre strength of KAS Class I Junior Scale was fixed at 151.
with reference to the fixation of cadre strength of K.A.S Junior Scale .
As strong reliance is placed by the petitioners on the said order in support of their companytention that the total cadre strength was increased to 285 by including 133 temporary posts under the government order it is necessary to extract the operative part thereof ORDER NO.
J U D G M E N T The following Judgment of the Court was delivered Srinivasan.
This matter came to this Court on three occasions and the relevant Rules were companysidered elaborately and interpreted on two of them.
Manoj Goel, Ms. Indu Malhotra, S.N.Bhat, Ms. Binu Tamta, R.Nagaraja, K.K.Tyagi, P.Mahale, D.K.Garg, Satpal Singh, C.Kaushik Adv.
with them for the appearing parties.
MARCH 1976.
J. Leave granted in all the S.L.Ps.
All the six companytentions were rejected.
The Gradation List of Junior Scale a Officers as on June, 30, 1973 was drawn up on the basis of such guidelines and numberified on August 10, 1976.
