M.RAME GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners are knocking at the doors of Writ Court for assailing Karnataka State Administrative Tribunal's order dtd. 16/3/2023 whereby, private respondents Application Nos.4754 and 4755/2022 having been favoured, the endorsement dtd. 12/10/2022 issued by the 3rd respondent herein has been set at naught.

(2.) For ease of reference, the relevant part of said Endorsement is reproduced:

(3.) Learned Sr. Advocate Mr.D.R.Ravishankar appearing for the petitioners argues that Rule 18(1) of 1977 Rules prescribes the joining period and Rule 18(2) provides for its extension; Rule 5(2) of Karnataka Government Servants' (Seniority) Rules, 1957 provides for fixation of seniority by referring to Rule 18(1) of 1977 Rules; as a consequence, although candidates are permitted to join belatedly with leave, they have to suffer lower ranking in the Seniority List. He further argues that the impugned Endorsement having been accordingly premised, could not have been quashed by the Tribunal. He adds that the decision of the Apex Court in Chairman, P.SRINIVAS vs. M.RADHAKRISHNA MURTHY,AIR 2004 SC 2767. has been wrongly construed. So arguing, he seeks invalidation of the Tribunal's order and thereby, revival of the impugned Endorsement.