ELIZE MASCAREHNAS Vs. PRINCIPAL DISTRICT AND SESSIONS JUDGE

JUDGEMENT

(1.) Petitioner was appointed as a typist in the SDA cadre, on 21.06.1985, in the District and Sessions Court, Kodagu District, Madikeri. Thereafter, on her own request, the petitioner was transferred to Mysore Unit on 29.09.1994. She has reported to duty at Mysore Unit on 17.10.1994. She was promoted in the Mysore Unit, to the cadre of FDA, on 15.11.2010. She having submitted representation for fixation of her seniority, at the appropriate serial number and cadre, in the seniority list and promote to the cadre to which she was entitled to and the requested having been rejected by the District and Sessions Judge, Mysore, on 27.02.2013, feeling aggrieved, this writ petition was filed to quash the said rejection and to direct the respondent to treat her as senior to Smt. Kavery B.R., whose name appears in the common provisional seniority list of FDA and senior typists, working in Mysore Unit, as on 01.03.2013. Sri Santhosh S. Nagarale, learned advocate, contended that the petitioner having, been appointed as 'typist' in SDA cadre on 21.06.1985 at Kodagu Unit and upon transfer to Mysore Unit on 29.09.1994, having been promoted as FDA on 15.11.2010, while preparing the seniority list, the length of service of the petitioner from 21.06.1985 has not been considered and thus, the impugned decision being arbitrary and illegal is liable to be quashed.

(2.) The point for consideration is, whether the seniority of the petitioner who was transferred on her own request from Kodagu Unit to Mysore Unit should be reckoned from the date of her initial appointment to the post or from the date on which she joined to new District/Unit?

(3.) In exercise of the power conferred by the proviso to Article 309 of the Constitution of India and in super-session of all existing rules on the subject, the Governor of Karnataka has made the Rules called, the Karnataka Government Servants' (Seniority), Rules, 1957, published in the Karnataka Gazette, dated 20.02.1958, vide Notification No. GAD(OM) 14 GRR 57, dated 07.02.1958. Rule 6 therein, reads as follows: