N SRINATH Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioners in these two cases, N.Sreenath and M.A.Somashekar, were directly recruited on 22nd May 1962 as Probationary Assistant Directors of Industries and Commerce. After completion of their probation, a formal declaration of satisfactory completion of probation was also made and they were confirmed as Assistant Directors on 17th July 1965.

(2.) Respondents, 5, 6 and 7 in each of these writ petitions, A.Channaraje Urs, T.V.Appe Gowda and H.R.Ganganna, who were already in service in the Department, were promoted to officiate as Assistant Directors of Industries and Commerce, the first two on 24th October 1959 and the third on 11th January 1963.

(3.) The next promotional post above that of the Assistant Directors is the post of Deputy Director, the appointment to which is by promotion by selection from the cadre of Assistant Directors. In 1964 the State Government appointed a committee called the Departmental Promotions Committee, of which the 4th respondent Warier was a member, to examine the cases of persons in the cadre of Assistant Directors who were eligible for promotion to the next higher cadre of Deputy Directors. Although there were at that time only three clear vacancies and one or two anticipated vacancies the Committee appears to have made a list containing a larger number of persons than the vacancies then available.