SHANKARAPPA H Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The short question that arises for conisderation in this writ petition is as to whether the Karnataka Secretariat Services (Recruitment) Rules, 1957 (hereinafter referred to as the 'Rules'), besides providing for recruitment to the posts of First Grade Stenographers, also provided for the determination of the inter-se seniority of the employees so recruited. If so, then, whether the rules in question suffer from the vice of unconstitutionally as being voolative of Art. 16 of the Constitution.

(2.) The learned Counsel appearing for the petitioners relying on the two unreported decisions of this Court, Shanthayya v. State of Mysore, WP. 1979-1989/66 d/.24-1-1967. and Shivalingappa v. State of Mysore (2), has canvassed before us that the relative seniority had to be determined from the date of appointment of the concerned employees, even when they happen to be recruited from diverse sources, as in the present case, and in accordance with the quota fixed for the various sources. In order to highlight his above submission, he drew our pointed attention to the following passage from Shivahngsppa's case, WP.3978/68 d/. 14-4-1971. (supra):

(3.) We find considerable merit in the contention put forward on behalf of the petitioners.