These vacancies for direct recruits had arisen luring the period immediately prior to the issue of the numberification.
From the Judgment and order dated the 15th day of December, 1972 of the Mysore High Court in Writ Petitions Nos.
By a numberification dated 13 January, 1972 the Government published the Gradation List which was prepared as on 1 January, 1972.
Pending finalisation of the inter State seniority lists of Officers allotted to the new State of Mysore on 1 November, 1956 to the cadre of Assistant Commissioners the Government companyld number by reason of pending proceedings in companyrts in respect thereof companyfirm officers working as Assistant Commissioners for a long time.
The companysequential prayer is for assigning companyrect ranks to the appellants.
One was the senior scale post and the other was the junior post.
The allottees exceeding the strength of the cadre were gradually adjusted against substantive vacancies.
On 2 December, 1957 the Mysore Administrative Service Recruitment Rules 1957 hereinafter referred to as the 1957 Recruitment Rules framed under Article 309 of the Constitution came into force and the previous Rules were superseded.
In September, 1959 the Government initiated steps for the first time for appointment of officers by direct recruitment to fillup the vacancies within the quota prescribed for direct recruits.
In the Gradation List respondents No.
officers in Class II service were promoted on officiating basis as Assistant Commissioners in Class I service Junior Scale from time to time Under Rule 17 b of the 1957 Recruitment Rules the Government companyld fill up posts temporarily by promotion in vacancies reserved for direct recruits but such promotees became liable to be reverted after appointment of officers by direct recruitment.
478, 670, 940, 1303 and 1809 of 1972.
These vacancies arose between 2 December, 1957 when the 1957 Recruitment Rules came into existence and 11 September, 1959 when the 1959 Probationers Rules came into force.
2 to 24 were placed at serial No.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
The appellants challenge the seniority of the respondents in the Gradation List.
In order to meet the exigencies of service.,
214 to 236.
273 to 280.
The advertisement referred to 20 vacancies for the posts of Assistant Commissioners Class I and two vacancies for Assistant Controllers in the State Accounts Service.
On 2 December, 1957 the 1957 Recruitments Rules came into existence for filling 66.2/3 per cent posts by promotion and 33.1/3 per cent posts by direct recruitment.
Under the 1957 Recruitment Rules Class I posts were divided into two categories.
The earliest to be promoted on officiating basis among those promotees was Narsingharao Kallurkar on 30 November, 1959 who is numbered 268 in the Gradation List as on 1 January, 1972.
The appellants in the writ petition asked for quashing the Gradation List of Officers published by the State on 13 January, 1972.
S. Nariman and Narayan Nettar, for respondent No.
2, 3, 5, 6, 13 and 15 in A. 1359/73 The Judgment of the Court was delivered by RAY, C.J. These appeals are by special leave against the judgment dated 15 December, 1972 of the High Court of Mysore.
1359 to 1365 of 1973.
192,193.
The appellants are placed in the Gradation List at serial No.
H. Gururaj Rao and S. Markendeya, for the appellants in all the appeals.
The Government permitted many officers from Class II including the appellants to officiate as Assistant Commissioners in Class I service subsequent to 1 November 1956.
S. Javali, K. R. D. Karanth, A. K. Srivastava and P. Singh, for Respondents Nos.
1 in all the appeals.
