M.P. JAISHANKAR S/O M. PUTTASWAMY Vs. STATE OF KARNATAKA BY CHIEF SECRETARY, STATE OF KARNATAKA BY ITS SECRETARY TO INDUSTRIES AND COMMERCE DEPARTMENT EX-OFFICIO CHAIRMAN, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, THE KARNATAKA INDUSTRIAL AR

JUDGEMENT

(1.) THESE three writ appeals arise out of an order dated 28 -5 -1999 passed by the learned single Judge of this Court in writ petition No. 39909/1993. The petitioner one by name M.P. Jayashankar working as a Deputy Development Officer in Karnataka Industrial Area Development Board [hereinafter referred to as the 'Board'] had preferred the writ petition being aggrieved by the action of the employer - Board in notifying the post of Development Officer - a promotional post to persons working in the cadre of Deputy Development Officers as a post to be filled up by promotion from among the eligible candidates belonging to scheduled caste and scheduled tribe community as the post was being notified as a backlog vacancy and had eliminated opportunity to persons like the petitioner.

(2.) THE respondent No. 4 to the writ petition one T.R. Rangahanumaiah also working as a Deputy Development Officer in the organisation is a candidate belonging to scheduled caste community and it was the apprehension of the petitioner that as the post of Development Officer had been notified as a backlog vacancy post, the respondent No. 4 though was much junior to the writ petitioner in the seniority list and according to the petitioner though was ineligible was likely, to be promoted to the post of Development Officer at the cost of the petitioner and persons like him who belong to the general category and though they were much higher in the seniority list of Deputy Development Officers in the organisation.

(3.) IT was also contended that the post of Development Officer was not the lowest post in group -A posts in the organisation; that it was the post of Deputy Development Officer which was the lowest post amongst the Group -A Officers and therefore there cannot be any reservation in respect of the post of Development Officer in terms of the ruling of the Supreme Court in Indra Sawhney etc. etc Vs. Union of India and others, etc. etc., AIR 1993 SC 477 .