G N SARWADE Vs. STATE OF MYSORE

JUDGEMENT

(1.) In these two writ petitions, the petitioner G.N. Sarwade and N.B. Patil, have prayed for the issue of a writ of mandamus, directing the Government, (i) to confirm their appointments as Tahsildars with effect from 24-9-1958 and 17-9-1958 respectively; (ii) to fix their ranks above respondents 2 to 107 in the seniority list of Tahsildars and (iii) to consider their cases for promotion to class I posts over and above the cases of respondents 2 to 107.

(2.) Respondent 1 is the state of Mysore, and respondents 2 to 107 are officers in the Mysore Administrative Service, who according to the petitioners, are still officiating as Tahsildars.

(3.) The following facts are undisputed between the parties :-The posts of Tahsildars are class II posts in the Mysore Administrative Service. The petitioners are among the fifty officials selected by the Mysore Public Service Commission under the Mysore Tahsildars and Block Development Officers (Recruitment) Rules, 1958, issued under Notification No. GAD (OM) 5 GRR 57 dated 26-2-58, as amended by Notification No GAD 25 GRR 58, dated 4-8-1958. These fifty officials including the petitioners were appointed by the Government under Notification No. RD 100 RGP 58 dated 9th September 1958. On the same day, memos were sent to these individual appointees including the petitioners intimating that they had been appointed. Both the notification and the individual memos sent to the respective officials stated that these officials were appointed as probationary Tahsildars. The notification also stated that they were posted for training to the divisions noted against their names.