MANIYAR R S Vs. STATE OF MYSORE

JUDGEMENT

(1.) The question raised by the petitioner relates to regulation of seniority of an officer who has been "reinstated" into service some months after he had been relieved of his duties on acceptance of his voluntary resignation.

(2.) The petitioner and respondent 3 were appointed in the former State of Bombay as probationary sub-registrars in grade III, in the year 1948 and had been confirmed in that grade in due course, long before the Reorganization of States. The petitioner was junior to respondent 3. Both of them were allotted to the new State of Mysore with effect from 1 November, 1956. In the division wise provisional seniority list for the Belgaum Division, the petitioner was shown at serial No. 7 and respondent 3 was shown at serial No. 4 under the category of second-grade sub-registrars. In the State-wise list of second grade sub-registrars prepared for promotion to the post of first-grade sub-registrars in August, 1959 the rank of respondent 3 was 38 while that of the petitioner was 40. On 26 January, 1960, respondent 3 tendered his resignation to the Inspector-General of Registration (respondent 2) and the latter accepted the same with effect from 13 February, 1960, when respondent 3 was relieved of his duties. The Government of Mysore issued a circular (annexure E) No. GAD 18 SRR 62, dated 2 March, 1962, directing that the heads of departments should not permit officials to withdraw their resignations which had already been accepted by the competent authority as nothing remains to be withdrawn when once the resignation of a Government servant is properly accepted. In spite of the circular, respondent 3 submitted a petition to the State Government (respondent 1) on 1 April, 1963 praying for permission to withdraw his resignation alleging that he had submitted the same when he was in an agitated mood due to domestic worries, even though a similar request made in 1962 had been refused. The Inspector-General of Registration reviewed his previous order and by his official memorandum dated 28 September, 1963 permitted respondent 3 to withdraw his resignation and reinstated him in service as second-grade sub-registrar subject to certain conditions as per order of the State Government (No. RD 59 GRG 63, dated 11 September, 1963). One of the conditions was that his seniority and pay after the reinstatement were to be governed by the "standing orders." Respondent 3 accordingly joined his duties as sub-registrar at Nargund in Dharwar district in October, 1963. On his reinstatement, his break in service to the extent of three years and eight months was ordered to be treated as "leave without pay and allowance." The petitioner complains that the orders passed by the Government illegally affect his seniority in the substantive rank of second-grade sub-registrars and virtually reduce him in rank postponing his future chances of promotion in the department. He has therefore prayed for quashing the order of reinstatement of respondent 3 and for a writ of quo warranto directing him to vacate the post of the sub-registrar. He has also prayed for a writ of mandamus against respondents 1 and 2 restraining them from giving seniority to respondent 3 over him.

(3.) In the counter filed on behalf of the State it has been contended that permission for withdrawal of resignation had been granted according to rules and that the break in service of respondent 3 had been regularized by treating the period as leave without pay and allowance. It is admitted that an earlier representation made by respondent 3 had been rejected. It is submitted that as respondents was already senior to the petitioner, the latter's rank was in no way altered by the orders passed by the Government in accordance with rule 252 of the Mysore Civil Services Rules, 1958, framed by the Governor in exercise of the powers conferred on him by the proviso to Art. 309 of the Constitution.