STATE OF KARNATAKA Vs. V K JAVALI

JUDGEMENT

(1.) This appeal is preferred by the State, of Karnataka against the order of the learned single Judge dated 3rd July, 1975 made in W.P. No. 2516 of 1974.

(2.) The facts so far as material, are as follows: The respondent was an allottee from the former State of Bombay. Ever since then, he has been fighting many battles against the Government both in this court and also in the Supreme Court. Prior to his allotment, he had suffered a penalty upon certain disciplinary proceedings. The legality of that penalty was questioned by him before the Supreme Court in W.P. No. 55 ' of 1960. In 1.961, that writ petition was allowed quashing the said penalty. In the meantime, the respondent lost his legitimate rank in the provisional Inter State Seniority list prepared by the State of Karnataka. Consequently, on 5th October, 1960, the juniors of the respondent were promoted as Joint Directors. After the Supreme Court rendered the decision in favour of the respondent quashing the penalty imposed by the former State of Bombay, the respondent's legitimate seniority was restored end the State Government suo motu took steps to promote the petitioner to the cadre of the Joint Director and promoted him as such by order dated 2nd January, 1962.

(3.) The respondent, however, was not satisfied. His complaint was that he was overlooked on 5th October, 1960 for no fault of his. and non-consideration of his case for promotion with effect from that date was therefore illegal. He moved this Court with a Writ Petition No. 942 of 1966 praying for a direction to the State Government to consider his case for promotion from the date on which his juniors were promoted as Joint Directors. By order dated 24th May, 1971, this Court allowed the writ petition with a direction to the Government to consider his case for promotion to the cadre of Joint Director with effect from 5th October, 1960.