M S PARTHASARATHI Vs. DIRECTOR OF PUBLIC INSTRUCTION

JUDGEMENT

(1.) The petitioners have challenged, in this writ petition, an order of reversion dt.29-1-1974 passed by the Director of Public Instruction in Karnataka reverting them from the Cadre of First Division Clerks to the Cadre of Second Division Clerks. The facts of the case are briefly these

(2.) The petitioners were formerly working as Second Division Clerks. By an prder dt.19-9-1970, they were promoted to the Cadre of First Division Clerks under Rule 17 (c) of the Karnataka State Civil Services (General Recruitment) Rules, 1957. The relevant part of the order of promotion reads as follows : The following IInd Division Clerks of the Department as per the provisional gradation list of IInd Division Clerks who are appointed or promoted after 1-11-1956 are promoted on a purely temporary basis for a period of one year only or till they are replaced by PSC Candidates whichever is earlier as per the provisions of the Rule 17 (c) of Mysore State Civil Services (General Recruitment) Rules 1957 in the posts of 1st Division Clerks as noted against their names or until further orders. The claims of those who have passed the departmental tests as laid down in the C & R Rules, 1967, have only been considered. These promotions are also ordered subject to the under-standing that their work is found to be satisfactory. If any member who is now promoted has come to serious- adverse notice he should not be relieved for duty pending final orders from this office and a special report should be submitted to this office for final orders to the personal address of Joint Director of Public Instruction (Administration).

(3.) Rule 17(c), which came into force on 2-1-1965, reads as follows : 17. Appointment by direct recruitment or by promotion in certain cases.-Notwithstanding anything contained in these rules or in the rules of recruitment specially made in respect of any service or post, the appointing authority may - (c) fill up by promotion temporarily on the basis of seniority cum-merit any vacancy relating to a post which is required to be filled by direct recruitment where selection to the post has not been finally made and there is likelihood of undue delay in making direct recruitment to the post or where the candidate selected for the post as per recruitment rules has not yet joined duty. Such promotion shall be made only after a requisition has been sent to the Commission or to the appropriate Recruitment Committee for selection of a suitable candidate. A candidate temporarily promoted under this sub-rule shall not have any preferential claim for regular promotion and also shall not count the period of service in the promoted post for seniority; he shall revert to his original post on the exipry of one year or on the appointment of a direct recruit selected in accordance with the rules of recruitment applicable to. the post whichever is earlier.