T SHANTHARAM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Leave granted.

(2.) The facts are telling that the appellant was appointed in the Revenue Department as Second Division Clerk in Mangalore on October 8, 1963, He was sent on deputation to the Food and Civil Supplies Department which was then part of Revenue Department as Assistant Civil Supplies Inspector on December 26, 1967 and was promoted as Second Grade Civil Supplies Inspector on September 11, 1968 which is stated to be equivalent to Sheristedar. The 5th respondent Mr. R. K. Vasudev was appointed as a Second Division Clerk on January 22,1965 in Food Wing of the Revenue Department. Thereafter he was regularised as Second Division Clerk on September 30, 1971 and was promoted as a Sheristedar on June 17, 1982. From these facts, it is clear that at all levels of appointments and promotions, the appellant was always senior to 5th respondent. But one fact that remains on record is that the Food Wing of Revenue Department. When he was sought to be repatriated, the appellant filed Application No.6432/86 before the Administrative Tribunal, Bangalore. The Tribunal by its order dated January 28, 1988 directed absorption of the appellant in the Food Department as indicated in the order which reads thus:-