K B NAGENDRA Vs. S P RAGHUNATH

JUDGEMENT

(1.) promotion of the appellant as chief manager vide order dated 4-7-1995 was challenged in the writ petition filed by Sri s.p. raghunath-respondent, mainly on the grounds of violation of the service Rule applicable, ignoring his seniority and non-consideration of the case. The writ petition was allowed by quashing the impugned order giving the employer-corporation liberty to make fresh order of promotion in accordance with law and keeping in view the observations made in the said judgment. It is submitted that the order of the learned single judge being contrary to the relevant rules was liable to be set aside. It is contended that the learned single judge was not right in holding that the committee which approved promotion was not properly constituted. It is further submitted that the learned single judge did not properly appreciate the effect of Rule 13 of the Karnataka state small industries development corporation limited (cadre and recruitment) rules (hereinafter referred to as 'the rules'). The promotions to the post of chief manager could not be made only on the basis of the seniority as it has stated to have been presumed by the learned single judge.

(2.) on almost identical grounds the corporation has also challenged the order of the learned single judge vide their separate appeal.

(3.) in order to appreciate the rival contentions of the parties itis necessary to have a resume of facts which are either admitted or substantially established.