G V B NAIDU Vs. STATE OF MYSORE

JUDGEMENT

(1.) The principal question in these two writ petitions is one of seniority as between G. V. B. Naidu, the petitioner in both the Writ petitions on the one hand, and respondents 2 to 10 in Writ petition 2505 of 1970 on the other. The petitions came to be filed in the following circumstances.

(2.) The petitioner and the nine respondents, mentioned above are officers serving in the Department of Agriculture of the State Government. The respondents were directly recruited on 30th August, 1950 for appointment as Assistant Directors of Agriculture. After completion of the probationary period they were appointed as Assistant Directors of Agriculture on 26th June, 1952. It is stated that though the said respondents have been declared to have satisfactorily completed their probation, there is no specific order of confirmation. These respondents will hereinafter be referred to as direct recruits or probationers.

(3.) The petitioner was already in service in the Agriculture Department. Early in 1950 he was working as Agricultural Botanist. By an order dated 9th February, 1930 he was first placed in charge of the duties of the Assistant Director of Agriculture. By a subsequent order dated 7th April, 1950 he was appointed as Acting Assistant Director of Agriculture in what is described as an existing vacancy. Later, as from 3rd May, 1950, bis status was described by the term "sub pro tem" which, according to the Mysore Service Regulations then prevalent, meant only an officiating status. Although this practice of appointing persons sub pro tem was abolished or given up, so far as the present cases are concerned, it is enough to note that throughout the period relevant for discussion, the petitioner was officiating in the promotional post of Assistant Director of Agriculture.