R K KULKARNI Vs. DIVISIONAL COMMISSIONER BELGAUM

JUDGEMENT

(1.) This writ petition was originally included in a batch of writ petitions all of which were disposed of by a common order dated 25-2-1969. It was later discovered that this writ petition had been wrongly included in the said batch. The said order of 25-2-1969 in so far as it related to this writ petition was recalled and set aside on 23-10-1970. As directed in the same order fresh notice was issued to parties who were unrepresented by Counsel, Service on them also has now been completed.

(2.) The question raised by the petitioner is one of relative seniority between himself and respondents 4 to 25. One of the village officers in the erstwhile State of Bombay went by two names-Kulkarni and Talati. Kulkarnis were hereditary village officers enjoying watan land for service. Talatis were non-hereditary stipendiary offices. The petitioner, a hereditary Kulkarni had been working as such from 1940 onward. When the Kulkarni watans were abolished by an Act of the Bombay Legislature with effect from 1-2-1952, the petitioner along with other Kulkarnis was absorbed into Government service as stipendiary Talati. Such absorption took effect from 1-2-1952.

(3.) Respondents 4 to 25 were appointed as on an ad-hoc appointment between the date 25-3-1945 and 16-1-1952. Such ad-hoc appointment is in all material particulars the same as appointment as local candidate in the erstwhile State of Mysore. The said respondents were subsequently enlisted as regular talatis as from 31-8-1956. Such enlistment is equivalent to what is called regularisation in the erstwhile State of Mysore.