G PHALANETRA Vs. STATE OF MYSORE

JUDGEMENT

(1.) In this petition under Art.226 of the Constitution, the controversy is in regard to the relative seniority as between the petitioner and respondents 3 to 49 in the cadre of Commercial Tax Inspectors and the relative seniority as between the petitioner and respondents 3 to 80 in the cadre of Assistant Commercial Tax Officers. The petitioner has prayed for quashing the seniority list of Commercial Tax Inspectors as on 1-1-1969- (Ext.D) and the seniority list of Assistant Commercial Tax Officers as on 1-12-1968 (Exhibit C).

(2.) Certain material facts which are not in dispute may be stated: At the instance of the. Government, the Public Service Commission prepared a list of the candidates selected for the posts of Commercial Tax Inspectors and that list was published in the Mysore Gazette dt. 13-8-1959 (Ext.A) . The Public Service Commission forwarded that list to the Commissioner of Commercial Taxes in Mysore (hereinafter referred to as the Commissioner) . By the order of the Commissioner dt. 13116-10-1959 (Annexure 2 to the counter affidavit on behalf of respondents i and 2), 47 officials in the cadre of First Division Clerks were promoted as Commercial Tax Inspectors on a temporary basis pending finalisation of equation of posts and they were posted to several places shown in that order. By the order of the Commissioner dt.20-10-1959, 94 persons out of list, Ext.A, including the petitioner, were appointed as Commercial Tax Inspectors. The order stated that those appointees should undergo training, and that on completion of such training, if they were found fit, the Deputy Commissioner of Commercial Taxes, would give them posting orders.

(3.) Respondents 3 to 49 who were promotees, were placed above the aforesaid 94 direct recruits in the seniority list of Commercial Tax Inspectors. In August 1965, 18 Commercial Tax Inspectors were promoted as Assistant Commercial Tax Officers temporarily. At that time the petitioner's case was considered for promotion to the cadre of Assistant Commercial Tax Officers, but he was regarded as not eligible as he had not passed certain departmental examinations. Several Commercial Tax Inspectors promoted then as Assistant Commercial Tax Officers, were juniors. to him. On 4-9-1965 respondents 50 to 80 who were selected by the Public Service Commission were appointed as Assistant Commercial Tax Officers on probation. The Government created super-numerary posts of 31 Asst. Commercial Tax Officers at that time and posted these 31 direct recruits against those super-numerary posts They were given training in the Commercial Tax Department for about a year during which period they were paid & salary of Rs. 200 per month and after such training they were placed in regular charge of the posts of Asst. Commercial Tax Officers.