CONAL BIHIMAPPA versus STATE OF KARNATAKA & ORS.

Citation: [1987] 3 S.C.R. 885 · Decided: 11-08-1987 · Supreme Court of India · Bench: RANGANATH MISRA · Disposal: Disposed off

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Judgment (excerpt)

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CONAL BIHJMAPPA 
v. 
STATE OF KARNATAKA & ORS. 
AUGUST l l, 1987 
[RANGANATH MISRA AND M.M. DUTT, JJ.] 
Inter se seniority between direct recruits and promotees amongst 
the officers of the Karnataka Administrative Service-Dispute reltlting 
to. 
A 
B 
Under the relevant Recruitment Rules relating to Class I junior C 
scale posts, there was a quota system-two-thirds orthe vacancies had 
to he tilled up by promotion by selection from Class II officers and the 
remaining one-third hy direct recruitment hy competitive examination 
to be held by Public Service Commission. 
D 
When direct recruitment was not made timely as envisaged hy the 
scheme in the Rules, officiating promotions were given in respect of the 
posts covered by the direct recruit quota. Such temporary promotions 
remained effective for a number of years and later when the vacancies 
within the direct recruitment quota were tilled up, the appointments 
made in the later years were deemed to carry weightage for seniority on 
E 
the footing of deemed tilling up when the vacancies had arisen. Thus, 
the dispute as to seniority inter se between those who had manned the 
promotional posts beyond 2/3rds limit and the direct recruits subse-
quently appointed, arose for judicial determination. This Court in V.P. 
Badami, etc. v. State of Mysore and Ors., [1976] 1 SCR 313 had dealt 
with a similar situation with reference to the same set of rules, and with F 
a view to implementing the rule of this Court in Badami's case, the State 
government bad issued an official memorandum on 5. 7. 75, laying down 
guidelines for determination of the seniority between the direct recruits 
and promotees, and accordingly, gradation list of the junior scale offi· 
cers as on 30.6. 73 was drawn up, and notified on 10.8. 75. By a later 
notification dated 2.2. 77, a further gradation list was published. Then, 
G 
on a representation by the 197 4 batch of direct recruits for reflxation of 
inter se seniority in the gradation list taking into account the carried 
forward vacancies, the State Government made an order on 22.5.80 to 
the effect that the 197 4 batch of direct recruits should be shown 
immediately below serial number 64 and above serial number 65 in the 
continuation gradation list published on 2.2. 77. 
H 
885 
A 
B 
c 
886 
SUPREME COURT REPORTS 
[1987] 3 S.C.R. 
Aggrieved by this government direction, some promotees moved 
the High Court under Article 226 of the Constitution for protection of 
their seniority, and aggrieved by the decision of the High Court, both, 
the direct recruits and promotees moved this Court for relief by appeals 
by special leave and writ petitions. The promotees challenged the 
propriety of the direction of the High Court to modify the gradation list 
by applying the quota rule, while the direct recruits sought to have full 
application of the quota rule instead of the limitation of three years, and 
the consequential benefits. 
Allowing the appeals and the writ petitions of the direct recruits 
and dismissing the appeals by the promotees, the Court, 
HELD: The rule of this court in V. P. Badami, etc. v. State of 
Mysore and others, [1976] 1 SCR 313 has to be given full effect. The 
appeals and writ petitions of the direct recruits have to succeed and 
those by the promotees have to fail. The Court hopes the State of 
Karuataka will not demote anyone who has been in a promotional post 
D for several years in the Class II service as a consequence of this decision, 
but the gradation list has got to be adjusted to fit into the principles 
indicated in the judgment. No justification was shown as to why 
the State of Karnataka failed to comply with its obligation of making 
recruitments in accordance with the quota system. Once the State 
frames fules, the rules are binding on the State, and like individuals, the 
E State has got to resulate its conduct in accordance with the rules; 
in fact, the State has to observe them all the more. The Court hopes 
that the State of Karnataka in the years ahead will comply with the 
quota rule with regularity so that a litigation of this type may not arise 
again. [907D·F] 
F 
Upon a suggestion of the Court, counsel for the parties filed 
charts, containing recast gradation list on the basis of the claims 
advanced before the Court-showing (1) how it would be when the full 
claim of the promotees was granted and (2) how different it would look 
when the total claim of the direct recruits was allowed, and th

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