H S SHIVALINGIAH Vs. STATE OF MYSORE

JUDGEMENT

(1.) Petitioner joined service in the State Government as a Second Division Clerk in the Commercial Tax Department on the 9th of September 1959. He was later promoted to the cadre of First Divn. Clerks on 20-3-1968.

(2.) In January 1962, the State Government took a policy decision to permit interchangeably in the cadres of Typists and Junior Assistants' Second Division Clerks in order to give some relief to the persons in the lowest rank of Class III posts doing work of a routine nature and desirous of some chance in the nature of duties or work. In the order made by them on the 24th of January 1962 in that regard they provided, among other things, that seniority in the changed cadre will he fixed with reference to the date of entry in the original cadre, which means that the entire length of service would be counted for purposes of seniority. In the said order, the Government expected or directed that action may be taken to amend suitably the Cadre and Recruitment Rules of various Departments to give effect to this policy.

(3.) On the 26th of September 1964, the Governor promulgated under the proviso to Art.309 of the Constitution a set of rules called the Mysore Civil Services (Typists and Junior Asistants Second Division Clerks Change of Cadre) Rules 1964. Rule 2 therein making provision for the main object of interchangeability of cadres provides as follows :