SUNILKUMAR BIRADAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Aggrieved by the order dated 03.12.2015, passed in W.P.No.66735/2010, respondent No.3 therein has filed this appeal.

(2.) The brief facts of the case are that on 10.07.2008, respondent No.2 the Karnataka Institute of Medical Sciences (for short "the KIMS") issued a notification inviting the applications from the eligible candidates to participate in a walk-in-interview conducted for the post of "Assistant Professor" in the Forensic Department of the said institute. The interviews were held on 21/22.07.2008. The names of the appellant and respondent No.3 were published in the select list on 11.08.2008 for the said post. As per the select list, respondent No.3 had scored higher marks than the appellant. However, for the reasons best known to respondent No.2-KIMS, they immediately issued an order of appointment only in favour of the appellant and the appellant joined the services of respondent No.2 as an Assistant Professor on 18.08.2008. But respondent No.2 did not issue an appointment order to respondent No.3. The ostensible reason being that, the 3rd respondent had not produced his "relieving letter" from his employer, which we will deal with later. Hence, respondent No.3 preferred W.P.No.11575/2008. In the said writ petition, respondent No.3 prayed for a direction to respondent No.2 herein to implement the select list dated 11.08.2008 and also place him above the appellant herein. Even before the first hearing of the said writ petition, the 2nd respondent-Institute issued a letter of appointment to the 3rd respondent i.e., the petitioner therein. Thereby virtually granting the main relief sought for in the writ petition and consequent upon which respondent No.3 herein withdrew the writ petition and he also joined the services of respondent No.2 herein as an Assistant Professor on 04.09.2008 after getting himself duly relieved from his erstwhile job. It is pertinent to note here itself the various dates in the writ petition. The date of filing of the writ petition, is 28.08.2008 and the date of appointment order is 30.08.2008 and the withdrawal of the petition is on 01.09.2008, that is, the date on which the petition was first listed before the High Court and the date of joining is 04.09.2008.

(3.) On the ground that respondent No3 joined the post of an Assistant Professor subsequent to the appellant, respondent No.2 has placed respondent No.3 below the appellant, in the order of seniority and has presently promoted the appellant. This is by proceedings subsequently drawn up.