G RABINATHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this writ petition the only question of law that arises for consideration is as follows: Whether a person who has rendered service in the Defence Department of the Central Government is entitled to count the said service for the purpose of seniority in a post in the State Service after his direct recruitment to such post after selection by the Public Service Commission, under R. 6A of the Karnataka Government Servant's (Seniority) Rules, 1957, (hereinafter referred to as the Seniority Rules).

(2.) The petitioner joined the defence service as an Emergency Commissioned Officer during National Emergency. He was serving in the Indian Army till September 1967. He was holding substantive post of Captain in the Army and was acting as a Major which was a, Gazetted Class-I post under the Central Government. After his demobilisation from the Army, he was given an appointment on the establishment of the National Cadet Corps Service under Ministry of Defence, Government of India (herein- after referred to as the NCC) . In the NCC he was holding the substantive rank of Lieutenant till 21-6-1.972 which is also said to be a Class-I Post.

(3.) The Public Service Commission of this State invited applications for selection and appointment to Class-1 and II posts in the Karnataka State Civil Services. A combined combetative examination for recruitment of Gazetted Probationers was held by the Public Service Commission.