S D NAGARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) SENIORITY is an important condition of service and also an important right of an employee. On seniority, depends promotion, where promotion is made on the basis of seniority-cum-merit. Though an employee may not have a right to promotion, he has a right to be considered for promotion and such right has an intimate connection with his right of seniority.

(2.) SENIORITY is closely connected with the question of promotion. The important question is, therefore, how seniority should be counted. Is it from the date of joining the grade in which seniority is to be determined or is it from the date of acquisition of qualification for the post, irrespective of the date when the incumbent happens to be appointed to the grade. This is the short question that arises for consideration and decision of this court in these two petitions.

(3.) THE facts relevant for the purpose of deciding the sole issue in the writ petitions are, the petitioner-dr. S. d. nagaraj in W. P. No. 32753 of 1996 was appointed on 10-6-1971 as an assistant surgeon - local candidate. The third and fourth respondents were also appointed as assistant surgeons - local candidates on 10-8-1973 and 30-4-1975 respectively, in the respondent-Bangalore city corporation. Petitioner-dr. A. m. belliappa in w. p, No. 35139 of 1996, joined the service in the first respondent- corporation as an assistant surgeon on 13-11-1972. He was placed in independent charge of the post of medical officer of health on 8-2-1978 and he was regularly promoted to the post of medical officer of health on 13-11-1987 in the pay scale of Rs. 2,450-4,190.