MAHADEVAYYA G S Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioner was a confirmed second division clerk in the Department of Health, and on 2 September, 1961 he was selected by the Public Service Commission for appointment to the post of a second grade typist. The Public Service Commission's recommendation which was accepted by Government, resulted in the appointment of the petitioner as an officiating typist, grade 2, on 2 September, 1961, by a Government order made for that purpose. Since then he has been continuing as an officiating second-grade typist. While he was holding that post during all these years he asked for fixation of his pay and other benefits as second grade typist, and on one occasion in the year 1962 he sought repatriation to the post of a second division clerk, but there was no such repatriation and there was no fixation of his pay as second-grade typist either. So he asks for a direction that, his pay and other benefits should be fixed in the new post of second-grade typist with effect from 31 August, 1959 and his rank in the grade of a first division clerk should be maintained until he was confirmed as a second-grade typist.

(2.) It is plain that the petitioner is undoubtedly entitled to the fixation of his pay and other benefits in the post of a second-grade typist according to rules. Sri Tilak Hegde contends that such fixation will have to take effect from 31 August, 1959. We make a direction that there shall be a fixation of the petitioner's pay and other benefits according to the relevant rules such as rules 41, 44 and 45 of the Mysore Civil Services Rules. This shall be done within three months from this date.

(3.) The other prayer made by the petitioner is that we should issue a direction for the retention of his lien and the rank "on the basis of his seniority in the grade of first division clerks until he is confirmed as second-grade typist." In support of this prayer dependence was placed on note 4 appearing underneath rule 20 of the Mysore Civil Services Rules. That note provides that a Government servant who has secured employment in one department of Government under the rules of recruitment and who seeks employment in another unit or department is entitled to the retention of his lien on the original appointment if he has been confirmed in that old post, and that such retention shall continue until his permanent absorption in the new post.