C RENUKAPRASAD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) DR. Renuka Prasad, petitioner in this petition filed under Article 226 of the Constitution, who is now working as Deputy Director in the Institute of Animal Health and Veterinary Biologicals, Hebbal, has sought for a writ to quash the seniority list of Deputy Directors prepared and published by the Institute in No. IAH/est/jestha/97-98, dated 30-12-1997 as illegal and void. The consequential prayer made is to direct the institute to prepare and publish a final seniority list of Deputy Directors/scientist-3 by treating respondents 3 to 9 as being juniors to the petitioner and lastly, for a direction to the Institute to grant promotion to the petitioner to the post of Joint Director/scientist with effect from 1-3-1993, the date on which his immediate junior Dr. R. Lakshminarayana was promoted with all consequential service and monetary benefits.

(2.) FIRST about the Institute: the Mysore Serum Institute was part of department of Animal Husbandry and Veterinary Sciences of the State of Karnataka. It had a board of Management consisting of representatives from Karnataka dairy Development Corporation, Department of Animal Husbandry and veterinary Services and University of Agricultural Sciences as members. The Commissioner and Secretary to Government, Agriculture and animal Husbandry Department was its Chairman. The primary object of the Institute was to develop programmes for giving appropriate animal health coverage to the entire livestock and poultry within the State. The Board of Management for proper and better administration of the institute in its meeting held on 30th November, 1977 resolved to convert the Institute, which was functioning under the Administrative Control of Agriculture and Animal Husbandry Department of Government of karnataka into a Society. The State of Karnataka by its order dated 7th april, 1978 was pleased to accord sanction for converting the Institute into a Society. Pursuant to the permission so granted, the Institute came to be registered under the provisions of Karnataka Societies Registration Act, 1960, with effect from 5-6-1978 and started functioning in the name and style of "institute of Animal Health and Veterinary biologicals, Hebbal, Bangalore". The Institute/society is fully funded by Government of Karnataka. All officers and Staff working in the former institute of Government have been continued to work in the Society. Apart from others, the objects of the Society inter alia is to conduct epidemiological survey of various diseases of livestock and poultry and to engage in the production of veterinary biologicals and vaccines. Since the service conditions of the staff working in the Society had not been finalised, the Director of the Institute by his letter dated 27-3-1979 requested the State Government to treat the staff working in the Institute as on deputation to the Society with effect from 5-6-1978. Pursuant to the request so made, the State Government by its order dated 31-3-1979 was pleased to pass the following order:

(3.) ABOUT respondents: respondents 3 to 9 were working in the Institute of Animal Health and Veterinary biologicals, which was functioning under the Administrative control of the Agriculture and Animal Husbandry, Department of government, having joined service between 1964 to 1967. After conversion of the Institute into a registered Society with effect from 5-6-1978, these respondents continued to work in the Society in the post earlier held by them. By virtue of the order dated 31-3-1979, pending finalisation of their absorption or repatriation to the parent department, their services came to be transferred on deputation to the Society from the date of its registration. It is pertinent at this stage to mention two aspects. Firstly, on the date of transfer of their service from parent department to the Society, they were all working in the post of Assistant director, which was a Class III post. Secondly, they were governed by karnataka Animal Husbandry and Veterinary Services (Recruitment)Rules, 1959, and the post of Assistant Directors could be filled under the rules, 60 per cent by promotion from the cadre of Veterinary Inspectors and 40 per cent by direct recruitment. The minimum qualification required was only a degree in Veterinary Sciences of a recognised University or a recognised Diploma in Veterinary Sciences or equivalent qualification. It is not in dispute nor it can be disputed that the respondents 3 to 9 had this minimum qualification prescribed under the rules before they were selected and appointed to the post of Assistant Director.