B VARADHA RAO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of the High Court of Karnataka in W.A. No. 493 of 1983 affirming the dismissal of W.P. No. 119 of 1983 filed by the appellant. In the said writ petition the appellant challenged an order dated 15-12-82 of the Government of Karnataka rejecting the statutory appeal preferred by him regarding the fixation of his seniority in the cadre of "Labour Inspectors" with effect from 21-12-1967 on which date his services as a "Local-candidate" came to be regularised under the Karnataka Civil Services (Recruitment of Local Candidates to Class III Posts) Rules, .1966 ("Regularisation Rules" for short). The appellant's grievance is that his seniority should have been reckoned from the date of his temporary appointment viz. 17-10-1960 and that too in a post equivalent to that of Assistant Inspector of Labour in the Madras State Service. The appellant, who appears to have been appearing in person in all his earlier cases, appeared in person before us too and argued his appeal.

(2.) Following a communication from the Labour Commissioner, Bangalore, the Inspector of Factories, Bangalore issued an order of appointment to the appellant on 14-10-60 appointing him "tentatively as Assistant Inspector of Labour, Udipi" on a temporary basis on a pay of Rs. 80 p.m. in the scale of Rs. 80-200. The order of appointment was in the following terms:

(3.) The appellant was treated as a Local-candidate and his services were regularised in the cadre of "Labour Inspectors" with effect from 21-10-1967 in accordance with the "Regularisation Rules". Ever since the regularisation, it is the admitted position, the appellant was assigned the duties of Labour Inspector and he was also discharging them as such till 1-3-1982 when he was promoted as "Senior Labour Inspector".