S C V REDDY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Leave granted. We have heard learned counsel on both sides.

(2.) These appeals by special leave arise from the order of the Karnataka Administrative tribunal, Bangalore bench, made on 24/1/1996 in Applications Nos. 1405 and 1564 of 1992 and batch.

(3.) The admitted position is that the governor, in exercise of the power under proviso to Article 309 of the Constitution has constituted, for the first time, the Mysore Agricultural State Service Cadre. Therein, Class II posts consist of Assistant Directors, District Agricultural Officers, Cotton Development Officers, Horticultural Development Officer, Senior Assistant of Research Section, Professors - Class II, Superintendents of Agricultural Research Stations and Agronomists and Assistant Soil Conservation Officers and Apiarist. The method of recruitment from different sources has been prescribed by the rules called Mysore Agricultural Department Service (Recruitment) Rules, 1961 issued by the governor in exercise of the power under proviso to Article 309 of the Constitution which came into effect from 26/9/1961. Therein, 25% posts of Assistant Directors are reserved for direct recruitment and 75% for promotees from Extension Officers (Agriculture). The method of direct recruitment has been provided in column 3. Similarly, 50% posts of Senior Assistant of Research S. and Professors Class II are reserved for by direct recruitment and 50% by promotion of Scientific Assistants. Equally, for Superintendents of Agricultural Research Stations and Agronomists, 50% is by direct recruitment and 50% is by promotion from the cadre of Agricultural Extension Officers and Scientific Assistants. For the posts of Assistant Soil Conservation Officers, 33-1/3% is by direct recruitment and 66-2/3% by promotion from the post of Extension Officer (Agriculture) NES Blocks who have undergone training in Soil Conservation. For Apiarist, by direct recruitment or by promotion of Research and Teaching Assistants in Entomology who have undergone training in Agriculture for which there is no quota. Subsequently, these designations of the officers have been changed by the proceedings as a result of the Mysore Pay Commission Report of 1968. The redesignated posts have come into effect from 23/9/1970. As many as 31 categories of posts have been enumerated with redesignations in Class II posts. Subsequently, the question of inter se seniority cropped up at different stages and pursuant to the directions issued by the tribunal also. In exercise of the power by the governor by Notification dated 11/3/1992, the government have issued seniority list working out the respective ratio between the direct recruitment and the promotees, as enumerated in Annx. I to the Notification. Clause 1 reads as under: