ASHOK V DAVID Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN this writ petition, what essentially falls for decision making is whether the direction issued by the Apex Court in its judgment dated 10-5-1996 in Civil Appeal Nos. 8391 and 8393 of 1996 has been correctly complied with by the Union Public Service Commission, the 3rd respondent herein.

(2.) FEW facts which are germane to the decision making may be noted first, and they are as follows.-The petitioner was appointed to Karnataka Administrative Service (KAS) in 1974 by direct recruitment. On completion of 8 years of service in KAS, he became eligible for consideration and promotion to the indian Administrative Service (IAS) in terms of the "indian administrative Service (Appointment by Promotion) Regulations, 1955" (for short, 'regulations' ).

(3.) THE petitioner was not considered for promotion to the IAS cadre by promotion at the appropriate time though he ought to have been brought under zone of consideration in the year 1983 itself. That led to litigation between the parties, ultimately, landing before the Apex Court in Civil Appeal Nos. 8391 and 8393 of 1996. The Apex Court finding serious flaws in the selection and promotions to IAS made in the year 1983, allowed the appeal of the petitioner and another, M. G. Halappanavar, by name and issued the following directions: