DR. S.C.V. REDDY, AND ORS. ETC. versus STATE OF KARNATAKA AND ORS.

Citation: [1997] 3 S.C.R. 397 · Decided: 27-03-1997 · Supreme Court of India · Bench: K. RAMASWAMY, G.B. PATTANAIK · Disposal: Leave Granted & Allowed

Judgment (excerpt)

DR. S.C.V. REDDY, AND ORS. ETC. 
v. 
STATE OF KARNATAKA AND ORS. 
MARCH 27, 1997 
[K. RAMASWAMY AND G.B. PATTANAIK, JJ.] 
lv~ysore Ag1icultural Depmtment Se1vice (Recruitment) Rules, 1961 : 
A 
B 
Service Law-Direct recruits and promotees-Determination of 
senio1ity-Mysore Agiicultural State Se1vice Cadre-Method of recruitment C 
from different sources presC1ibed in 1961--Rules which came into effect from 
26th Septembe1; 1961--Rule provided ratio for direct recmits and promotees 
for filling up of various posts-f'ursua/lf to the recommendation of the Mysore 
Pay Commission desigiiation of valious Officers changed with effect from 23 
Septembe1; 1970-1961 Rules superseded by another Rules which became 
effective from 26 August, 1976-These Rules prescribed ratio of 50% for direct D 
recmits and 50% for promotees-With effect from 8.9.1978 it was again 
changed to 25% and 75o/u-Seniority detennined between direct recntits and 
promotees-T1ibunal held that between 1961 to 1976 there was not Rule in 
operation between direct recmit and promotees-Appeal before Supreme 
Cowt-Held 1961 Rules prescribed the ratio-Merely because nomenclature E 
were changed those posts do not stand abolished-In these circumstances, the 
Tiibwzal was incorrect in its conclusion that there was no rule operating 
during that period for reservation of the direct recruit and the 
promotees--Respondent's directed to detennine inter se seniolity between 
direct recntits and promotees according to presoibed ratio. 
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 2710-15 
of 1997. 
F 
From the Judgment and Order dated 24.1.96/3.4.96/25.3.96 of the 
Karnataka Administrative Tribunal, Bangalore in A. Nos. 1405, 1564/92, G 
UA-621/96, U.A. No. 530 of 1996. 
D.D. Thakur, V. Laxminarayan, Mrs. Rakhi Ray, Ms. Bina Gupta 
and T. Sudha for the Appellants. 
S.R. Bhat, K.K. Tyagi, KR. Nagaraja and P. Mahale for the H 
397 
398 
SUPREME COURT REPORTS 
[1997] 3 S.C.R. 
A 
Respondents. 
The f91lowing Order of the Court was delivered : 
Leave granted. We have heard learned counsel on both sides. 
B 
These appeals by special leave arise from the order of the Karnataka 
Administrative Tribunal, Bangalore Bench, made on January 24, 1996 in 
Application Nos. 1405 & 1564 of 1992 and batch. 
The admitted position is that the Governor, in exercise of the power 
under proviso to Article 309 of the Constitution has constituted, for the 
C first time, the Mysore Agricultural State Service Cadre. Therein, Class II 
posts consist of Assistant Directors, District Agricultural Officers, Cotton 
Development Officers, Horticultural Development Officer, Senior Assis-
tant of Research Section, Professors-Class II, Superintendents of Agricul-
tural Research Stations and Agronomists and Assistant Soil Conservation 
D Officers and Apiarist. The method of recruitment from different sources 
has been prescribed by the rules called Mysore Agricultural Department 
Service (Recruitment) Rules, 1961 issued by the Governor in exercise of 
the power under proviso to Article 309 of the Constitution which came into 
effect from September 26, 1961. Therein, 25% posts of Assistant Directors 
are reserved for direct recruitment and 75% for promotees from Extension 
E Officers (Agriculture). The method of direct recruitment has been 
provided in column 3. Similarly, 50% posts of Senior Assistant of Research 
Sections & Professors Class-II are reserved for by direct recruitment and 
50% by promotion of Scientific Assistants, Equally, for Superintendents 
of Agricultural Research Stations and Agronomists, 50% is by direct 
F recruitment and 50% is by promotion from the cadre of Agricultural 
Extension Officers and Scientific Assistants. For the posts of Assistant Soil 
Conservation Officers, 33-1/3% is by direct recruitment and 66-2/3% by 
promotion from the post of Extension Officer (Agriculture) N.E.S. Blocks 
who have undergone training in Soil Conservation. For Apiarist, by direct 
recruitment or by promotion of Research and Teaching Assistants in 
G Entomology who have undergone training in Agriculture for which is no 
quota. Subsequently, these designations of the officers have been changed 
by the proceedings as a result of the Mysore Pay Commission report of 
1968. The redesignated posts have come into effect frcim September 23, 
1970. As many as 31 categories of posts have been enumerated with 
H redesignations in Class II posts. Subsequently, the question of inter-se 
DR. S.C.V. REDDY v. STAT

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