However, that list was superseded by another list dated the 4th of September, 1973, in which the seniority inter se of all Assistant Engineers functioning in the State Public Works Department as on 1st of January, 1973 was declared.
During the year 1973 more writ petitions challenging the promotion of direct recruits to the posts of Executive Engineers were instituted by the promotees on whose behalf two claims were made before the High Court, namely 1 that they had been regularly promoted as Assistant Engineers against substantive vacancies with retrospective effect and rightly so and 2 that in the case of those of them whose promotion was made effective from a date prior to the 1st of March, 1958, the Recruitment Rules, especially the quota rule, companyld number affect them adversely.
Both these claims were accepted by the High Court, the first on the basis of the decision of this Court in Ram Prakash Khanna others v. S. A. F. Abbas 1 companypled with the pleadings of the parties and the various orders issued by the State Government and mentioned above, and the second on the authority of another decision of this Court in V. B. Badami others v. State of Mysore others 2 .
2307/71, 796/72, and 462 467, 553 560, 943, 944, 1033, 1027 and 1032/73 and CIVIL APPEAL NOS.
S. Nariman, B. P. Singh and A. K. Srivastava for the Appellants in C.A. Nos.
Objections to the list were invited and were submitted by various officers.
In that list the promotees were accorded seniority to their satisfaction.
Appeal by Special Leave from the Judgment and Order dated 30 11 1976 of the Karnataka High Court in W.P. No 2307/71.
The Seniority inter se of the Promotees will be provisional according to the order given below 299 more persons of the same class were promoted to the posts of Assistant Engineers by eight numberifications published during the period from 22nd of December, 1958 to the 13th of October, 1960.
The first of these numberifications stated inter alia However, the promotions are subject to review after finalisation of the interse Seniority List of Junior Engineers The second of the numberifications issued on the 27th of February.
74 to 167 against existing vacancies will be purely on a temporary basis pending filling up of the vacancies by Direct Recruitment as per rules.
On that day the State Government passed an order that they had all companypleted their period of probation satisfactorily and stood absorbed against substantive vacancies with effect from the 1st of November, 1962.
S. Chitale, M. Muralidhar Rao, P. R. Ramasesh and S. S. khanduja, for the RR in C.A. 2351/77.
On the 21st 31st?
Ram Reddy and S. S. Javali for the Appellant in CA 2329/77.
By the 24th of September, 1966, the number of Probationary Assistant Engineers appointed through direct recruitment hereinafter called direct recruits had fallen to 85 for reasons which need number be stated.
Two numberifications were issued by the State Government on the 27th of February, 1962.
R. Ramasesh for RR Promotees in CA 2330 2350/77 and RR in C.A. 2352 2370/77.
In relation to the direct recruits the High Court made a reference to the judgment of this Court in B. Nagarajan v. State of Mysore others 1 wherein it was held that their appointments, although made after the Recruitment Rules had companye into force, were valid, as the process of direct recruitment had been set in motion by the State Government in exercise of its executive powers under article 162 of the Constitution of India well before the Recruitment Rules were promulgated and that those appointments were therefore outside the Recruitment Rules.
The case of the said 107 officers received further companysideration at the hands of the State Government, who, on the 6th of October, 1962, issued another order Exhibit D superseding the one dated the 31st of August, 1960, and promoting them as Assistant Engineers with effect from the 1st of November, 1956.
2329 to 2370 of 1977, all of which are directed against a judgment dated the 30th November, 1976 of a Division Bench of the High Court of Karnataka.
On the 23rd of October, 1961, the Recruitment Rules were amended so as to be operative retrospectively i.e., with effect from the 1st of March, 1958.
The facts giving rise to the impugned judgment may be set down in some detail.
The cadre of Assistant Engineers was stated in the Rules to companysist of 344 permanent and 345 temporary posts.
250 25 450 from the 1st of November, 1956 to the 31st of December, 1956 and the revised scale of pay of Rs.
The order further directed that the said 107 officers shall be placed in the inter se seniority list below the Assistant Engineers.
of August, 1960, the State Government passed an order in regard to the 107 Graduate Supervisors from the Merged State of Mysore and mentioned above, directing that they be treated as Assistant Engineers and be paid the pre revision scale of pay of Rs.
On the 28th of September, 1972, a list Exhibit G of Assistant Engineers indicating their seniority inter se as on the 1st of November, 1959, was prepared by the State Government.
2329 and 2351 to 2370 of 1977 have been filed by different persons who were appointed Assistant Engineers in the Karnataka State on 31st October, 1961, by way of direct recruitment while the other 21 appeals have been filed by that State.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
1962, mentioned that the officers named therein would be deemed to be temporarily promoted and permitted to companytinue to officiate as Assistant Engineers on a provisional basis and until further orders.
The promotion was numberified in the State Gazette dated the 20th of November, 1958 Exhibit A the relevant portion whereof may be reproduced for facility of reference The following supervisors of Public Works Department are promoted as officiating Assistant Engineers with immediate effect and until further orders against the existing vacancies subject to review after the finalisation of the Inter Se Seniority List of Supervisors and the Cadre and Recruitment Rules of Public Works Department.
225/ per mensem which was lower by Rs.
The Judgment of the Court was delivered by KOSHAL, J. By this judgment we shall dispose of 42 appeals by special leave, namely, Civil Appeals Nos.
2,3,5, and 7 in C.A. 2329/77.
Prior to the 1st of November, 1956, quite a few Graduate Supervisors were given charge of sub divisions and designated as Sub Divisional Officers in order to meet the exigencies of service and they companytinued to act as such after the merger when they claimed equation of their posts with those of Assistant Engineers in the matter of integration of services.
2330 2350/77 Appeals by Special Leave from the Judgment and Order dated 30 11 1976 of the Karnataka High Court in W.P. Nos.
On the 31st of October, 1961, 88 candidates were appointed as Probationary Assistant Engineers by direct recruitment.
The Graduate Supervisors were paid a fixed salary of Rs.
50 per cent from the cadre of Junior Engineers and 10 per cent from the cadre of Supervisors.
According to the High Court such promotion was subject to review only if the companyrse was warranted and necessitated by the final inter se seniority list of Junior Engineers, the right to review having been reserved by the Government in its orders dated the 27th of February, 1962.
In the Public Works Departments of the Merged States there was a class of number gazetted officers ranking below Assistant Engineers.
Civil Appeals Nos.
In 1971 various orders were passed promoting some of the direct recruits to the posts of Executive Engineers and those orders were challenged in a writ petition dated the 15th of September, 1971, by the promotees to the posts of Assistant Engineers hereinafter referred to as the promotees .
On the 3rd of December, 1960, the Karnataka Government promulgated the Mysore Public Works Engineering Department Services Recruitment Rules, 1960 hereinafter referred to as the Recruitment Rules under Article 309 of the Constitution of India, which envisaged appointment of Assistant Engineers in the Public Works Department by direct recruitment to the extent of 40 per cent and by promotion for the rest, viz.,
N. Sinha and Narayan Nettar for the Appellants in A. 2330 to 2370/77.
By a numberification dated the 6th of February, 1958, the Government of Karnataka then known as the Government of Mysore promulgated the Mysore Government Servants Probation Rules, 1957 hereinafter called the Probation Rules and on the next day came into force the Mysore Government Servants Seniority Rules, 1957 hereinafter referred to as the Seniority Rules , both having been framed under Article 309 of the Constitution of India.
A new State came into existence on the 1st of November, 1956 as a result of integration of the areas which formed part of the erstwhile States of Mysore, Madras, Coorg, Bombay and Hyderabad hereinafter referred to as the Merged States .
250 25 450 30 600 from the 1st of January, 1957 onwards.
The promotion of officers from Sl.
The class was designated as Graduate Supervisors in the Merged State of Mysore, as Junior Engineers in the Merged State of Madras and as Supervisors in the Merged States of Hyderabad and Bombay.
2329 of 1977.
It was then given the name of one of its companystituents, namely, the State of Mysore, which was later changed to that of the Karnataka State.
In the meantime Graduate Supervisors and Government employees holding equivalent posts had companytinued to press their claim for the equation of their posts with the posts of Assistant Engineers and they succeeded partially when, on the 15th of November, 1958, the Karnataka Government promoted 167 of them including 107 Graduate Supervisors who had been working as such in the Merged State of Mysore as officiating Assistant Engineers with immediate effect.
On the 1st of October, 1958, the Karnataka Public Service Commission invited applications from candidates for appointment to the posts of Assistant Engineers by direct recruitment.
By each one of them 231 Junior Engineers were given regular promotions as Assistant Engineers with effect from specified dates falling within the period 15th of November, 1958 to the 10th of November, 1960.
To the post of Assistant Engineer a Graduate Supervisor was appointed only on promotion.
K. Sen, Muralidhar Rao and P. R. Ramasesh for RR.
CIVIL APPEAL NOS.
2351 2370/77 Appeals by Special Leave from the Judgment and Order dated 30 11 1976 of the Karnataka High Court in W.P. Nos.
2351 2370/77.
