T S ANANTARAMIAH Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition, the petitioner has assailed the legality and correctness of the rank assigned to him in the Final Gradation List of I Division Clerks and I Grade Revenue Inspectors of Mandya District as on 1-1-1978. The Grada'ion List in question is produced along with the petition at Ext-J. Similarly, he has impugned the correctness and legality of the rank assigned to him in the Final Inter State Seniority List of II Division Clerks as on 1-11-1956 of Mandya District published by the 2nd respondent State o,f Karnataka. The Final Inter State Seniority List published in the Gazette da'ed 28th November, 1977 is also produced at Ext-H to the petition.

(2.) Simply stated, the petitioner's claim is that respondents 5, 6, 7, 9 and 10 (respondent No. 8 was deleted during the pendency of this writ petition) were all juniors 'to him if respondents 2, 3 and 4 had properly assigned him the correct date of confirmation in service. It is also his grievance that in spite of earlier writ petitions and several representations, the said respondents have persistently over-looked his claim to be confirmed in the Cadre of II Division Clerks with effect from the date on, which he passed the qualifying examinations which was earlier than the date on which respondents 5, 6, 7, 9 and 10 were confirmed. The date of confirmation of the said respondents was 25-10-1956.

(3.) The respondents over whom the petitioner claims seniority, though served, have remained absent and unrepresented. The Union of India, under whose authority the Final Inter State Seniority List was published is represented by the Senior Standing Counsel for Central Government while respondents 2, 3 and 4 are represented by Shri S. G. Doddakalegowda, learned Government Advocate in the High Court.