M SAVITRI Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioner M.Savitri, the 2nd respondent K.C.Jayarama Reddy and the 3rd respondent Mohammed Ibrahim Sheriff were appointed Lecturers in Botany; the appointment was by selection out of applicants for the same. The selection was made by the Mysore Public Service Commission at the instance of the State Government.

(2.) It is stated in the counter-affidavit on behalf of the State Government, which we have no reason to disbelieve,that the order in which the names of the above three persons were arranged in the list sent by the Public Service Commission was the 2nd respondent, 3rd respondent and the petitioner. The order of appointment, a copy whereof is produced as Ex.A by the petitioner, also arranges the names of the said three persons in the said orderSl.No.11 K.C.Jayarama Reddy, Sl.No.12 Mohammed Ibrahim Sheriff and Sl.No.13 Smt. M.Savitri.

(3.) The complaint of the petitioner is that it was incumbent on the Government as the appointing authority to determine the inter se seniority among the three persons under Rule 5(b) of the Seniority Rules, and she therefore prays that the Government having failed to do so, this Court should issue a direction to the Government to perform its duty and fix the relative seniority and then proceed to make promotions in accordance therewith.