PILLAPPA T Vs. STATE OF MYSORE

JUDGEMENT

(1.) The four petitioners before us who were appointed as local candidates and who are now craft instructors in the Department of the Directorate of Employment and Training make a complaint that they are senior to respondents 4 to 32 but have been assigned lower ranks. Respondents 4 to 6 were promoted from class IV to class III in the year 1957 and it is asserted that since there was no provision for such promotions, their promotions are ineffective. Respondents 7 to 9, it is asserted, were appointed as craft instructors on 7 April 1960 without adherence to the procedure prescribed by the relevant recruitment rules. Respondents 10 to 32, it is alleged, were similarly appointed as craft instructors in disobedience to the provisions of the recruitment rules made by Government. It is asserted that by an order made by Government on 16 May 1962 the services of the petitioners who were appointed as local candidates were regularized with effect from earlier dates and their services from earlier dates count for seniority. It is by this process that the petitioner ask us to deduce the higher and senior ranks of the petitioners.

(2.) In regard to the argument that the petitioners' service stood regularized for all purposes from the anterior dates mentioned in the Government order of 16 May 1962, it is enough to observed that the Government order negatives the contention. That order makes it very clear that for the order makes it very clear that for the purpose of seniority the date of the Government order is the date from which the services of the petitioners should be regarded as having been regularized, and that for other purpose such as leave, pension and increment, the local service would count.

(3.) Sri Satyanarayana urges that the Government order which selects the date of the Government order as the date from which for the purpose of seniority regularization must be regarded to have been made, contravenes the proviso to rule 1A of the Mysore Government Servants' (Seniority) Rules, 1957. That proviso states that where an appointment is treated as regularized from any date, the seniority in the service should be determined in accordance with those rules as if the appointment was regularly made on that date.