LexC. KRISHNA GOWDA AND ORS. versus STATE OF KARNATAKA AND OTHERS
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b C. KRISHNA GOWDA AND ORS. A v. STATE OF KARNATAKA AND OTHERS FEBRUARY 2, 1998 [M.M. PUNCH!, CJ. AND M. SRINIVASAN, JJ.] B Service Law-Karnataka Administrative. Service-Assistant Commissioners Class I (Junior Scale)-Direct recruits and promotees- Seniority-Strength of Cadre-Governmenr Order No. GAD 590 SMC dated 03. 03. J 976-Fixing Cadre strength, as 133 posts set out as temporary and C . 152 as permanent-Held, the strength of cadre cannot be said to include the temporary posts-Constitution of India, 1950-Articles 14 and 16. Karna/aka State Civil Services (Probation) Rules-Rule 9-Refers to substantive vacancy and confirmation of probationercHeld, not applicable in D respect of temporary posts. The Government of Mysore published gradation list as on 01.01.1972 by notification dated 13.01.1972 fixing the seniority of Assistant Commissioners. The promotees challenged the quota rule being applied to all vacancies in all posts whether permanent or temporary, in Badami's Case. E The Court dismissing the appeal held that the quota between promotees and direct recruits was to be fixed with reference to the permanent strength of the junior duty posts. Thereafter the gradation list of Junior Scale Officers as on 30.06.1973 was prepared on the guidelines of State Government and notified on 10.08.1976. In the meanwhile on 03.03.1976 Government passed an order No. GAD 590 SMC dated 03.03.1976 with reference to fixation of F cadre strength of Karnataka Administrative Service (Junior Scale). In the appendix 133 posts were set out under caption 'Temporary posts' under State Government and 152 as permanent posts and the permanent cadre strength was mentioned as 152. Again by notification dated 02.02.1977 gradation list was published. G The direct recruits of1974 batch made representation for refixing the inter- se seniority in the gradation list to which State Government passed an order on 22.05.1980. Tlie promotees challenged the order before the High Court in a Writ Petition. The High Court quashed Government order dated 22.05.1980 and issued direction to the State Government to modify the H 435 436 SUPREME COURT REPORTS [ 1998) I S.C.R. A gradation list published in August, 1976. Aggrieved by th~ judgment of the High Court, direct recruits filed Writ Petition under Article 32 which was disposed of by a common judgment in Gana/ Bhimappa's Case, affirming the principle laid down in Badami's Case. Following the decision of this Court in Gana/ Bhimappa's Case the B State Government published notification dated 30.04.1990, after which seniority list of direct recruits and promotees to the cadre of KAS (Junior Scale~ was published. Aggrieved, the promotees approached this court seeking reconsideration of the decision in Gana/ Bhimappa's Case. After the decision in Direct Recruits Class TI Case, t.he Writ Petition of promotees was disposed C of by this court directing the promotees to approach the High Court and seek appropriate remedies. In the meanwhile the Administrative Tribunal Act came into being and the promotees approached the Tribunal seeking the quashing of notification no. DPARS SKG 89 (1) dated 30.04.1990 and the gradation list of Assistant Commissioners accompanying it. The Tribunal dismissed the Petitions upholding the correctness and the validity of the D Government Order. In this appeal challenging the decision of the Tribunal, appellants contended that the Government Order dated 03.03.1976 had increased the cadre strength to 285 posts inclusive of the temporary posts mentioned therein and in view of the amendments of the Rules in 1977, the quota for E the promotees should be fixed on that basis and not on the footing that the cadre consisted of 152 permanent posts only. It was also contented that Rule 9 as amended in 1977 was not brought to the notice of this court when Gana/ Bhimappa case was decided. p Dismissing the appeal, this Court HELD : 1. The Judgment of the Tribunal upholding the correctness and the validity of the government order dated 03.03.1976 is upheld. (446-E] Gana/ Bhimappa v. State ofKarnataka, (19871 (Supp.) S.C.C. 207 and G V. B. Badami v. State of Mysore, (1976) 2 S.C.C. 901, relied on. ' Keshava Ramaswamy Gowda v. State of Karnataka, (1995) K.S.L.J. -';;,. (S.C.) 767, distinguished. Direct Recruits Class II Engineering Officers Association v. State of H Maharashtra, (1990) 2 S.C.C. 715, referred to. C. KRISHNA GOWDA v.
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