M RAMAIAH Vs. STATE OF MYSORE

JUDGEMENT

(1.) The point which is involved in this writ petition is, a short one. The petitioner was one of seven persons who, by the Government Order, dated 27-10-1959 (as per Annexure 'H') had been appointed to officiate as Assistant Statisticians (Gazetted), until further orders. Prior to this order, these seven persons were promoted against seven vacant posts. In the list of seven persons who were so promoted as per Annexure 'H', the petitioner was the third; that is, there were four others who were his juniors, who also were promoted as per Annexure 'H'. Thereafter, by the Government Order, dated 5-3-1960 (as per Annexure J), the petitioner was reverted to his substantive post as Senior Statistical Assistant. It is to be noticed that no reason was given in the order as per Annexure 'J', for the reversion of the petitioner from his officiating post of an Assistant Statistician (Gazetted), to his substantive post as Senior Statistical Assistant. Subsequently, the petitioner was furnished with an extract of a confidential report; that extract has been marked as Annexure "K" and is dated 6th March 1960. Annexure 'K' runs as follows: <FRM>NP_156_tlkar0_1964.htm</FRM> It is seen from what is stated in Annexure "K" that the reason for the reversion of the petitioner was that the latest confidential reports in respect of the petitioner were not favourable. It is unnecessary to refer, in detail, to the representations made by him to the higher authorities, proved to be of no avail. Then, the petitioner filed a writ petition, in W.P. 42 of 1962 on the file of this Court, complaining against the order of his reversion and praying for the restoration of his seniority in accordance with the order of his promotion as per Annexure 'H'. During the pendency of that writ petition, the petitioner was appointed as an Assistant Statistician (Gazetted). Consequent on that appointment, that writ petition was dismissed, however, with the observation that in regard to the question of his seniority, the petitioner may make representations to the Government and that in the event of his representations to Government not being successful, he may again approach this Court.

(2.) The representations made by the petitioner not having proved successful, he has now approached this Court, by means of the present writ petition. The petitioner seeks for the quashing of the order of reversion as per Annexure 'J'. He has also prayed for the restoration of his seniority on the basis of the Government Order as per Annexure 'H'. Sri Rangaswami Iyengar has appeared for the petitioner and Sri Mahendra, the High Court Government Pleader for the State.

(3.) In so far as the restoration of the seniority of the petitioner is concerned, we may mention at this stage alone, that we do not propose to enter into that question; because, the other persons who are likely to be affected by the decision of that question, have not been impleaded in this writ petition. But, that will not be an impediment for our considering the legal validity of the Government Order as per Annexure 'J'.