V S RICHARDS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONER joined the Air Force on 13-4-1971. He was promoted as a sergeant on 1-8-1984. He was discharged from the Air Force on 30-4-1986 on completing fifteen years of service. At the time of discharge from the Air force, his pay scale was Rs. 1460-1710. The petitioner claims that the term of his engagement in the Indian Air Force was 15 years of regular service and 6 years of reserve service; and that during the period of reserve period of six years (that is between 1-5-1986 to 30-4-1992), he could have been called upon to serve in the Regular Air Force Reserve.

(2.) AFTER his release from Air Force, the petitioner applied to the Karnataka public Service Commission against a notification for recruitment to the posts of Commercial Tax Inspectors. He was duly selected and was appointed by the second respondent as per order dated 3-6-1988, in the pay scale of Rs. 1400-1750. According to petitioner, the post of CTI in Commercial Tax department which is a Group 'c' post is equivalent in grade to the post sergeant in the Air Force. In the seniority list relating to the cadre of CITs, the petitioner was assigned the date of entry into service as 3-6-1988. Petitioner gave a representation requesting that date of entry into service should be shown as 13-4-1971 by taking into account his services in the Air Force relying on Rule 6-A of the Karnataka Government Servants' (Seniority)Rules, 1957 ('seniority Rules' for short ). The said request was rejected by endorsement dated 7-11-2000 issued by the second respondent. Feeling aggrieved, petitioner approached the Karnataka Administrative Tribunal, in application No. 2447 of 2000, for the following reliefs: (a) To set aside the endorsement dated 7-11 -2000; and (b) for a direction to respondents to consider his case afresh and extend him the benefit of Rule 6-A of the Seniority Rules by counting his service in the Air Force from 13-4-1971 for the purpose of seniority in the cadre of Commercial Tax Inspector in the Department of commercial Taxes and also grant him consequential monetary benefits. The said application was dismissed by order dated 2-4-2002. Petitioner thereafter filed Review Application No. 26 of 2000 and that was also dismissed by the Tribunal by order dated 11-10-2002.

(3.) THE petitioner has filed this petition for setting aside the orders of the tribunal, dated 2-4-2002 and 11-10-2002 and for grant of the reliefs sought in his application before the Tribunal. The question that therefore arises for consideration is whether a person who takes up fresh employment under the state Civil Service, after being discharged from Defence Service, is entitled to couut such Defence Service, for purposes of seniority in the State Civil service.