NARAYAN SESHAYYA NAIK Vs. STATE OF MYSORE

JUDGEMENT

(1.) In this writ petition preferred under Art. 226 of the Constitution of India, the petitioner has challenged the transfer to, and absorption in, of respondents 2 to 12 in the cadre of assistants in the Mysore Secretariat Service, and giving them seniority and promotion over the petitioner. The facts so far as they are material may be briefly stated.

(2.) The petitioner who had entered service as an assistant in the Bombay Secretariat Service on 17 October, 1955, was allotted to the new State of Mysore consequent on the Reorganization of States and since then, he has been serving in the Mysore Government Secretariat. Respondents 2 to 10 with the exception of respondents 8 and 9 were serving in the Translation Department of the erstwhile State of Mysore, and respondents 8 and 9 are allottees from the erstwhile States of Hyderabad and Madras respectively, to the new State of Mysore under S. 115 of the States Reorganization Act, 1956, hereinafter called the Act. Respondent 1, the State of Mysore, prepared and published on 18 November, 1957, under the directions of the Central Government, a provisional inter-State seniority list of first division clerks in the Mysore Government Secretariat. The petitioner's ranking in the said list is serial No. 323. The said list was revised on 11 May and 29 September, 1962. The names of respondents 2 to 10 were not included in the provisional inter-State seniority list of the first division clerks in the Mysore Government Secretariat. The petitioner's ranking in the said list is serial No. 323. The said list was revised on 11 May and 29 September, 1962. The names of respondents 2 to 10 were not included in the provisional inter-State seniority list of the first division clerks in the Mysore Government Secretariat; but their names were included in the provisional inter-State seniority list of the Department of Translation published on 23 November, 1957. The names of respondents 11 and 12 were included in the provisional inter-State seniority list of first division clerks in the Mysore Government Secretariat, published on 18 November, 1957, and the subsequent revised its. In the first list, their ranking was Nos. 259 and 260, respectively. In the remarks Col. 7 it is stated that respondent 2 is on deputation from the Revenue Department.

(3.) The office of the Kannada Translator to Government was reorganized by order of the Government made in No. GAD 13 TAR 57 dated 24 August, 1959 consequent on the said reorganization, there was surplus staff of 1 gazetted officer and 18 class III officials. Respondents 2 to 10 who were first division clerks in the office of the Kannada Translator to Government, were transferred to the Mysore Government Secretariat against the existing vacancies and were directed to be absorbed there with effect from 1 October, 1959. The petitioner having challenged the said order, it is necessary to set out the same. It reads :