STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY AND ANOTHER Vs. SRI. K. SHIVANNA S/O. KHADRAPPA AND OTHERS

JUDGEMENT

(1.) MISC . W. No. 3175/2011 is filed by Respondent Nos. 17, 18 and 19 seeking vacation of the interim order dated 11.2.2011 whereby this Court has granted an interim order of status quo. Misc W. No. 3987/2011 is filed by Respondent No. 172 seeking grant of stay of the order passed by the Tribunal impugned in these writ petitions. Misc W. No. 4291/2011 is filed by Respondent Nos. 14, 15, 26, 34, 51, 53, 54, 56 and 97 seeking stay of all further proceedings in the writ petitions pending disposal of the SLP (Civil) No. 4670/2011.

(2.) THE State of Karnataka and the Principal Secretary, Public Works, Port and inland Water Transport Department, have tiled these writ petitions challenging the order dated 7.5.2010 passed by the Karnataka Administrative Tribunal, Bangalore, in application Nos. 1440 -1441/2009 and other connected matters. The applicants in the said cases challenged the constitutional validity of the Karnataka Determination of Seniority of the Government Servants Promoted on the basis of the Reservation (to the posts In the Civil Services of the State) Act, 2002 (Act No. 10/2002) and the Seniority Lists pertaining to the cadres of Executive Engineers and Assistant Executive Engineers Division -I. The seniority lists have been prepared by granting consequential seniority to the persons belonging to the Scheduled Castes and Scheduled Tribes from 27.4.1978 by virtue of Section 4 of Act No. 10/2002.

(3.) AS noticed above, some of the Respondents herein had filed application Nos. 1440 -1441 /2009 before the KAT for the reliefs mentioned above. The Tribunal by its order dated 17.5.2010 has held that Section 4 of Act 10/2002 should he read down to mean that the consequential seniority already accorded to the Government servants belonging to the Schedule Castes and Scheduled Tribes who were promoted in accordance with the policy of reservation in promotion provided for in the reservation order w.e.f. 17.6.1995 shall be valid and shall be protected and shall not be disturbed. The seniority list dated 23.3.2009 and the 2.1.2010 were quashed and the Government was directed to prepare the fresh seniority lists pertaining to the cadres of Assistant Executive Engineers and higher cadres and thereafter review the promotion or effect promotions. Till the preparation of such lists, no promotion or reversion shall be effected in the cadres of Assistant Executive Engineers and above.