N. NAGARAJA ETC. versus VASANT K. GUDODAGI AND ORS.

Citation: [1990] 2 S.C.R. 695 · Decided: 24-04-1990 · Supreme Court of India · Bench: RANGANATH MISRA · Disposal: Dismissed

Judgment (excerpt)

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· N. NAGARAJA ETC. 
v. 
VASANT K. GUDODAGI AND ORS. 
APRIL 24, 1990 
[RANGANATH MISRA AND K. RAMASWAMY, JJ.] 
Civil Services: Karn'ataka State Civil Service (Regulation of 
Promotion, Pay & Pension) Rules 1973: 
Rule 2-Retrospective promotion-Whether permissible. 
The appellant joined service under the State Government as a 
Lecturer. Later he was deputed to the Directorate of Youth Services as 
an Assistant Director and subsequently confirmed in the said post. On 
27!'1 of March, 1978, he was temporarily promoted as Deputy Director 
for a period of six months, and an order was made on 20th December, 
1978 appointing him on a regular basis with effect from 27th March, 
1978. Respondent No. 1 was recruited directly as Deputy Director on 
28. 7 .1978, joined service on 7 .8.1978 and was confirmed on 7 .8.1980. 
A draft Gradation List was published on 25th January, 1983 
wherein the appellant was shown above respondent No. 1, and he 
represented against this placement by claiming seniority over the appel-
lant. This was not accepted, and a final Gradation List was published on 
14th September, 1983 maintaining the position shown in the draft list. 
Respondent No. 1 filed a writ petition before· the High Court 
which was transferred to the State Administrative Tribunal. The Tri-
bunal held that respondent No. 1 was senior to the appellant as the 
promotion of 27th March, 1978 in favour of the appellant was a 
temporarily measure and after the six months period expired, the 
appellant was really not continuing as Deputy Director, and that the 
order of 20th December, 1978 issued by the Government could not, 
therefore, provide a regular retrospective promotion in view of the 
special Rules obtaining in the State. It therefore, directed the re-
drawing of the seniority list by showing the appellant below respondent 
No.!. 
Aggrieved by the aforesaid order of the Tribunal, the appellant as 
well as the State Government filed appeals to this Court. 
695 
A 
B 
c 
D 
£ 
F 
G 
H 
A 
696 
SUPREME COURT REPORTS 
I 1990] 2 S.C.R. 
Dismissing the appeals, this Court, 
HELD: 1. The Tribunal has found that under Karnataka State 
Civil Services (Regulation of Promotion, Pay & Pension) Rules 1973 no 
retrospective promotion is admissible unless the situation comes within 
the various clauses of rule 2, and that the instant case was not covered 
B 
by rule 2 and, therefore, the order of 22nd December, 1978 giving a 
retrospective promotion from 27 .3.1978 was not justified. [698B-C] 
c 
2. Attempt was made to place the appellant above respondent No. 
l by making shifting orders between 27 .3. 78 and 22.12.1978. The 
appellant was Editor of Youth Karnataka even when he was confirmed 
as Assistant Director and the Tribunal has recorded that he never 
worked'.as Assistant Director. The conclusion reached by !be Tribunal 
cannot be said to be wrong. Its order, therefore, does not call for any 
interference. [698D-E] 
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 977 
D & 978 of 1988. 
From the Judgment and Order dated 17 .12.1987 Tribunal, 
Banglore of the Kamataka Administrative in Application No. 4743 
of 1986(T). 
E 
P.P. Rao, R.B. Datar, S.R. Bhat, P. Chowdhary, P.R 
Ramasesh and R.P. Wadhwani for the appearing parties. 
The Judgment of the Court was delivered by 
RANGANATH MISRA, J. These are appeals by special leave, 
F 
the first one by Nagaraja, the main contestant, and the second by the 
State of Kamataka challenging the decision of the Kamataka State 
Administrative Tribunal by which the Tribunal accepted the claim of 
inter-se seniority of respondent No. 1. 
In the Directorate of Youth Services of the State, there are posts 
G 
of Assistant and Deputy Directors. Appellant Nagaraja joined service 
under the State Government as a Lecturer on 6. 9. 1966 and came on 
deputation as Editor of 'Youth.Kamataka' from 18th of August, 1976. 
, --
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While working as such Editor he was confirmed as an Assistant 
_.... 
Director in the Youth Directorate. On 27th of March, 1978, Nagaraja 
was temporarily promoted as the Deputy Director for a period of six 
H 
months. On 20th of October, 1978, an order was made promoting 
'; 
.I 
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N. NAGARAJA v. V.K. GUDODAGI [MISRA, J.] 
6'17 
Nagaraja regularly as Deputy Director and on 22.12.1978 his appoint-
ment was made on regular b;i5is with effect from 27.3.1978. 
Gudodagi, respondent No. 1, was recruited directly as Deputy 
Director on 28. 7. 1978. He joined on 7.8.1978 and was confirm

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