STATE OF KARNATAKA Vs. R CHIKKAMAGALUR

JUDGEMENT

(1.) Aggrieved by the order of Rama, Jois, J. allowing W.P.No. 8654 of 1976, the State of Karnataka has preferred this appeal. The learned single Judge, by the impugned order, issued a writ in the nature of mandamus directing the Stale Government to give effect to its assurance as contained in para 8 of the Official Memorandum dated 25-9-1965 (produced as Ext-A in the writ petition) .

(2.) The facts that are material for the disposal of this appeal are not in dispute. In the wake of the first National Emergency declared by the Central Government due to external aggression, a number of Civilian personnel working in the various Departments of the State Government had to be drafted into the Military Service temporarily. To provide an incentive to join such service, certain concessions were assured to personnel joining such service. One such concession announced by the State Government in that Official Memorandum was that 70% of the vacancies that were to be filled by direct recruitment or promotion in the Medical Department, would be reserved to Government servants with Military service. The respondent's grievance is that the aforesaid assurance embodied in clause 8 of that Official Memorandum, was not given effect to by the State Government in her case.

(3.) The respondent who was a permanent employee of the State Government as a Staff Nurse, rendered military service from 14-5-1963 to to 5-4-1971 and held the rank of a Captain in the Army. Since she retained a lien on her permanent post in the State Government service while she was still in Military Service, she was given a proforma promotion as Nursing Superintendent, Gradet-II with effect from 6-1-1970. After she rejoined the State Government service, she claimed the benefits of the concession under clause 8 of Official Memorandum. She was informed that her Military service would be counted for purposes of promotion, increment leave and pension. Regarding her claim for promotion under clause 8 of the aforesaid Official Memorandum, she did not get and positive reply. Hence she filed the writ petition. While allowing it, learned single judge directed the State Government to give effect to its assurance that 70 per cent of the posts to be filled by direct recruitment or by promotion, should be reserved for Government servants with Military service by making, if necessary, appropriate amendment to the rules of Recruitment and to give her all consequential benefits.