B V THMMAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The above writ petitions raise common questions of law and therefore they are disposed of by this common order.

(2.) The petitioners were all employees in the State Accounts Department either as allottees within the meaning of that term under the 'States Reorganisation Act' or have been recruiied subsequently to the service under the State. They joined service as Second Division Clerks and all the petitioners have been promoted to the cadre of 'First Division Clerks and thereafter to the higher Cadre of Superintendents subsequent to 1-11-1956 On the relevant date of their promotions it was necessary that they should pass the State Accounts Service Examinations (all parts) which had been prescribed under the Mysore State Accounts Cadre and Recruitment Rules promulgated on 26-5-1959. It is relevant to state that all the petitioners on the date of the petition were holding the posts of Superintendents in the Department of State Accounts.

(3.) The petitioners have sought for a direction or a writ of mandamus to the respondent-State of Karnataka to review the promotions strictly in accordance with the Karnataka Civil Services (Service & Kannada Language Examinations) Rules, 1974. However, when similar petitions were disposed, of by this court, the 1st respondent-State passed the Karnataka Service Examinations Act, 1976 (hereinafter referred to as the 1976 Act). By virtue of the provisions contained in Sec. 3 of the 1976 Act, a fiction was created to the effect that there were no Examinations whatsoever prescribed for the period between 1-11-1956 and 9-1-1974 for the purpose of creating eligibility for promotion or as a condition precedent for promotion. Sec. 5 of the 1976 Act also provides for the Government to undertake review of all promotions made from 1-11-1956 upto 9th January 1974 in the light of the fiction created under S.3 of that Act.