LAWS(SC)-1995-4-77

G RABINATHAN Vs. STATE OF KARNATAKA

Decided On April 03, 1995
G.RABINATHAN Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) Leave granted.

(2.) Heard both the counsel on merits. The only question is whether the appellant is entitled to the benefit of Rule 6A of the Karnataka Government Servants (Seniority) Rules, 1957, for short the Rules, amended with effect from November 13, 1969. The factual matrix lie in a short compass.

(3.) The appellant was appointed in the defence service as an Emergency Commissioned Officer with effect from June 30, 1963 and he was released from defence service on 16-9-1967 afternoon. Thereafter, he was again granted commission in NCC and he joined the service on 30-12-1967. He continued in NCC up to 21-6-1972 afternoon. In the meanwhile, he had applied for the recruitment in the Karnataka State Civil Service as a Probationary Commercial Tax Officer. He was selected and appointed with effect from 27-6-1972 Forenoon. On its basis, he claimed seniority from 1963 and when denied, he approached the Tribunal in Application Nos. 1875/90 and 4720/90. When there was a difference of opinion between the two members of the Tribunal, on reference, the Full Bench held that the matter is covered by the orders of this Court in State of Karnataka v. B.S.N.Reddy, (C.A. No. 3379/93) and rejected the relief. Thus this appeal by special leave.