STATE OF MYSORE AND ANR. versus SYED MAHMOOD AND ORS.

Citation: [1968] 3 S.C.R. 363 · Decided: 04-03-1968 · Supreme Court of India · Bench: J.C. SHAH · Disposal: Appeal(s) allowed

Cited by 8 judgment(s) · cites 1 · see the full citation network in Lexace

Judgment (excerpt)

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STATE OF MYSORE AND ANR. 
11. 
SYED MAHMOOD AND ORS. 
March 4, 1968 
[J. c. SHAH, R. s. BACHAWAT AND G. K. MITTER, JJ.] 
Mysore State CivU Services General Recruitment Rules, 1951, r, 4(3) 
(b)-Promotion to next grade-P1Tsons eligible no/ considered and juniors 
in seniorit,v promoted-High Court directs their promotion-Vclldlty. 
Rule 4(3)(b) of the Mys0re State Civil Services General Recruitment 
Rules, 1957 requires promotion to be made by selection on the basis of 
seniority..,um-merit, that is seniority subject to the fitness of the candidate 
to discharge the duties of the post from among persons eligible for pro. 
molioo. 
While making selections for promotions to the posts of .Uor 
statistical assistants from the cadre of junior statistical assistants, the State 
Governmen did not consider the case of the respondents' who were junior 
alatistical assistsnts, and published a list promoting persom ranking below 
them in point of seniority. The respondents filed writ petitions, in which 
the High Court refused to quash the seniority list but directed the appellant-
State to promote the respondents as from the dates on which their juniors 
were promoted and treat their promotion as effective from that date. 
Allowing the appeal, this Court, 
HELD : While making sei..ctions for promotion to the posts of senior 
statistical assistants ftom the cadre of junior statistical assiatants in 1959, 
the State Government was under a duty to consider whether having regard 
to their seniority and fitness they should be promoted. The promotions 
were irregularly made and they were, therefore, entitled to ask tho State 
Government to reconsider their case, In the circumstanceo, tho High Court 
could issue a writ to the State Government compelling it to perform its duty 
and to t'ODSider whether having regard to their seniority and fitness they 
should have been promoted on the relevant dates when officers junior to 
them were promoted. 
Instead of issuin1: such a writ, the Hiah Court 
wrongly issued writs directing the State Govetnment to promote them with 
retrospective effect. The High Court ought not to have issued sucli writs 
without giving the State ·Government an opportunity in the first insfance 
to consider their fitness for promotion in 1959. [365 B-DJ 
Promotion to the post of senior statistical assistant was 
based on 
soniority..,um-merit. In spite of their seniority, offioers junior to them 
could he promoted if they were unfit to dischar!I" the duties of th~ post; 
Promotion could not be claimed as a matter of right by virtue of seniority 
alone. [366 C-D) 
·· 
State of Mysore v. H. M. Bal/ary, [1964) 7 S.C.R. 471, distinguished, 
CML APPELLATE JURISDICTION : Civil Appeals Nos. 31 and 
32 of 1968. 
Appeals by special leave from the judgment and order dated 
January 25, 1967 of the Mysore High Court in Writ Petitions 
Nos. 774 and 2171 of 1965. 
R. H. Dhebar, Shyamala Pappu and S. P. Nayar, for the 
appella11ts (in both the appeals). 
S. S. Java/I and M. Veerappa for respondent No. - (in both 
the appeals). 
364 
SUPREME COURT REPORTS 
[1968] 3 S.CR. 
The Judgment of the Court was delivered by 
Bachawat, J, On the reorganisation of States on November 
I, 1956, the services of Syed Mahmood and Bhao Rao were allotted 
to the State of Mysore and they wen~ employed there as junior 
statistical assistants. On January 16, 1958 the Head of the 
Department of Statistics under the directions of the Government 
of State of Mysore prepared a tentative seniority list of non-
gazetted staff of that department treating junior statistical assist-
ants and senior statistical inspectors of the former State of Hydera-
bad, junior statistical assistants and senior compilers of the former 
State of Mysore, statistical assistants and statistical inspectors 
from Bombay and the head compiler of Coorg as holding the 
equivalent posts of junior statistical assistants in the State of 
Mysore. In 1959, before revising this tentative seniority list the 
State Government directed that all the statistical assistants and 
statistical inspectors of Bombay State and the head compiler of 
Coorg should be treated and promoted as senior statistical assis-
tants. 
As a result of this direction officers ranking below Syed 
Mahmood and Bhao Rao in the seniority list published on Janu-
ary 16, 1958 were promoted to the higher posts. In making 
their promotions, the State Government did not consider the 
fitness of Syed Mahmood and 

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