STATE OF KARNATAKA Vs. G SIDDALINGAIAH

JUDGEMENT

(1.) These two appeals are from the same order of Jagannatha Shetty, J., in WP.719 of 1972. WA.75 of 1974 is presented by the State of Karnataka which was respondent 1 in the writ petition, while WA.76 of 1974 was presented by respondent 2 in the writ petition. For the bake of convenience, the parties will be referred to with reference to their positions in the writ petition.

(2.) The material facts are not in dispute. The petitioner was a Head Clerk in the Dept of Priming and Stationery. By the order dt .29-4-1.967, he was promoted to the post of Supervisor, in the grade of Rs.180-10-320. Respondent 2 was also a Head Clerk in the Dept of Printing and Stationery. He was promoted to the post of. Chief Cost Accountant in the grade Rs. 180- 10-320 by the order dt.28-2-1968. The Govt, by its order dt .28-10-1970, sanctioned, inter alia, upgrading the post of Chief Cost Accountant to that of Asst Director (Printers' Costing) which is a Class II post. Para 4 of that Government Order reads :

(3.) By two subsequent Govt Orders, the post of Asst Director (Printers' Costing) was continued till 28-10-1973. In pursuance to the Govt Oder dt.28-11-1970, the Director of Printing and Stationery placed respondent 2 in independent charge of the post of Asst Director (Printers' Costing) and permitted him to draw the charge allowance as per the rules, 'j he Govt, by its order dt. 17-2-1972 (produced as Ext.H in writ petition), promoted respondent 2 to the post of Asst Directer (Printers' Costing) in the Dept of Printing, Stationery and Publications, with effect from 30-11-'70, the date on which he assumed independent charge of that post.