SHIVEGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner Shivegowda was appointed as a local Candidate in the cadre of 1st Division Clerks on 14-3-1968 in the services of the respondent-State. He came to be, regularly recruited by the Public Service Commission and appointed to the same cadre on 20-3-1970. The 2nd Respondent, Deputy Commissioner, Hassan prepared gradation list for the purpose of promotion in the cadre of first Division Clerk I Grade Revenue Inspectors of the Revenue Department, Hassan District, for the period between 1-11-1956 and 31-12-77. In the said list petitioner has been shown at serial No. 116, taking his date of entry into service as 20-3-1970.

(2.) It is contended for the petitioner that his initial appointment as local candidate on 14-3-1968 should be regarded as the, date of entry into service for purpose of counting his seniority.

(3.) Learned Counsel for the petitioner Sri Sridharan has strenuously argued that services rendered by the petitions as local candidate in terms of Rule 2 (1) (b) of the General Recruitment Rules should be considered as services under the Government and if he is appointed to the same cadre his seniority should be reckoned from such date. Nothing in the said rule is indicative of that. On the other hand the Karnataka Civil Service Rules, in, defining local candidate in sub-rule 27 (A) of Rule 8 has described local candidate as "a temporary Government servant not regularly appointed as per rules of recruitment to that service." Therefore, the provision of the General Recruitment Rules relied upon by the learned Counsel has no application to a local candidate.