S R JOSHI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner, a Revenue Inspector in the Revenue Department of the State Government, has prayed for the issue of a writ of mandamus directing the respondents to maintain the ranking given to him in the list of selected candidates by the selecting authority.

(2.) The facts of the case, in brief, are as follows: The petitioner was selected for appointment to the post of First Division Clerk in the Revenue Department by the Public Service Commission. The posts of First Division Clerks and First Grade Revenue Inspectors, in the Revenue Department constitute a combined cadre. On the basis of his selection, the petitioner was appointed as a Water Rate Revenue Inspector by an order of the Deputy Commissioner, Chitradurga District, Chitradurga on 30.6.1973 (vide Annexure-A) .The petitioner failed to join duty within the time allowed, as he was unable to do so. He, Rules, 1957 R.12A-1977 Rules, Seniority. however, requested the Deputy Commissioner to give him extension of time to join duty and it was given. Ultimately, the petitioner joined duty on on 30.10.1973 i.e., after four months from the date of the appointment order. The seniority of the petitioner has been fixed with effect from 30.10.1973, the date on which he joined duty

(3.) The contention of the petitioner is, he being a direct recruit, the ranking given to him in the select list by the Commission must be maintained in view of Rule 5 (1) of the Karnataka Government Servants Seniority Rules, 1957. He relies on Rule 12A (1) of the General Recruitment Rules, 1957, which empowered the appointing authority to extend the time given to a direct recruit on his first appointment to join duty. The petitioner's case is that when the competent authority, in exercise of its powers under R. 12A (1) of the General Recruitment Rules, had given time to join duty, the original ranking fixed in the select list cannot be altered.