NARAYAN HOSABHAYYA 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 Government Secretariat Services, and giving them seniority and promotion over the petitioner. The facts so far as they are material may be briefly stated: The petitioner who had entered service as an Assistant in the Bombay Secretariat Service on 17 -10 -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 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 Section 115 of the States Reorganization Act, 1956, hereinafter called the Act. Respondent 1, the State of Mysore, prepared and published on 18th 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 11th May, 1962 and 29th 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 23rd November, 1957. The names of respondents 11 and 12 were included in the Provisional Inter -State Seniority List of First Division Clerks in Mysore Government Secretariat, published on 18th November, 1957 and the subsequent revised lists. In the first list, their ranking was Nos. 259 and 260 respectively. In the remarks column No. 7, it is stated that respondent No. 12 is on deputation from the Revenue Department.

(2.) THE office of the Kannada Translator to Government was reorganised by order of the Government made in GAD 13 TAR 57 dated 24th August, 1959. Consequent on the said Reorganization, there was surplus staff to one 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 vacancies and were directed to be absorbed there with effect from 1st October 1959. The petitioner having challenged the said order, it is necessary to set out the same. It reads:

(3.) SINCE the names of respondents 11 and 12 are included in the Provisional Inter -State Seniority List referred to above, and they have been ranked above the petitioner in all the lists, Sri Datar, the learned counsel for the petitioner, did not press his petition against the said respondents 11 and 12.