PUJARI S R Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioner was enlisted on a temporary basis as a clerk in the State of Bombay in the year 1944, and, according to a gradation list prepared on 8 November, 1945 of those persons who had been so temporarily enlisted, he was assigned rank 21. But, when there was a selection made of persons for a permanent clerical post in the revenue district of Belgaum on 20 September, 1948, his name was not included in that list. But it is not disputed that those twelve persons whose names were enumerated in that list, are senior to the petitioner. Another selection was made on 26 June, 1951 of temporary officiating clerks for appointment to a permanent clerical post. Seventy-one persons were so selected but the petitioner was not one of them.

(2.) It is seen from the papers made available to us that on 8 July, 1951, there was a representation made to the Collector of Belgaum complaining against the selection made on 26 June, 1951. The sequel to this representation was a further selection made on 12 February, 1952, of another 24 persons for appointment to a permanent clerical post, and, amongst them petitioner was to twenty-first. It was stated in the order made by the Collector of Belgaum when that list was made that that selection was "as an addition to the list of candidates already selected ..." on 26 June, 1951. By an order made on 22 September, 1952, the petitioner was confirmed in his post with effect from 1 May, 1952. The other part of the order made on the same day resulted in his deconfirmation as it was called, consequent upon the abolition of one permanent post of the shroff-clerk. So, the two things that happened to the petitioner on that day was his confirmation with retrospective effect and his prospective deconfirmation.

(3.) On 30 November, 1956, on the eve of the States Reorganization, the State of Bombay revised the confirmation, and, the petitioner was not one of those who were confirmed. We are informed that he was confirmed in the post of a second division clerk with effect from only the year 1960.