D DEVAJAVAKUMAR Vs. TFIPPA RUDIRAH

JUDGEMENT

(1.) These nine appeals are by the several respondents in W.P. 15416 to 15421 of 1980 and W.P. 16800 of 1980 and are directed against the Interlocutory Order dated 4.9.80 made by Rama Jois, J., on I.As. II, IV,VI, VIII X and XII. By that order the learned single Judge directed the State Government not to make promotions from Class II to Junior Class I Posts and to the Class-I Senior Posts in the Department of Horticulture till the final seniority list of the officers is prepared. W.A. 1693 to 1698 and W.A. 2112 of 1980 are by the State of Karnataka and the Director of Horticulture who are respondents 1 and 2 respectively in WP 15416 to 15421 and in WP 16800 of 1980. Appellants in WA 1567 of 1980 are respondents 3 and 4 in WP 15416 of 1980. Appellant in WA 1688 of 1980 was an additional respondent, impleaded as such, at his own instance in W.Ps. 15416 to 15421 of 1980.

(2.) The matter relates to the vexed and long-pending disputes as to Interseniority of officers in the Horticulture Department. These problems were accentuated on account of transfer of officials from the Agriculture Department to this Department pursuant to the transferance of a number of projects and their execution from the Agriculture Department to the Horticulture Department. On 13.2.63 about 20 schemes undertaken by the Agriculture Department stood transferred to the Horticulture Department. 16 more schemes of the Agriculture Department were again transferred to the Horticulture Department some time belt- ween 31,3.64 and 2.8.65. On 14.10.63, by a Government Order the State Government constituted a Committee to determine the seniority of all the officials of the Horticulture Department including those who were transferred from the Agriculture Department along with the schemes. Pursuant to the recommendations of this Committee on the question of inter-se Seniority as well as on the need for re-organisation of the Department, a Government Order dated 3.11.65 came to be made reorganising the services in the Horticultural Department into Class I senior Class I junior Class II and horticultural Assistants Grade-I, II and III respectively. Final Seniority Lists were published on 30.12.75 setting out seniority of officials as on 1.1.65.

(3.) Some of the aggrieved officials challenged the said final seniority. List in WP 555, 558, 595, 641 to 650, 678 to 683, 780, 848, 1424 to 1428 and 1617 of 1976 & on 11.8.78 a learned single Judge quashed the list. Thereafter, a provisional list was published on 23.8.79 calling for representations from persons who felt aggrieved by the rankings assigned to them therein. Representations have accordingly been made; but the final list, after considering those representations is yet to be published. Petitioners before the learned single Judge were those who were aggrieved by and made representations against the rankings assigned to them in the provisional list. Their grievance in the writ petitions was that the State Government which while delaying the consideration of their representations and the publication of the final list is however, hastening to make promotions on the basis of the impugned provisional list.