Tukol, J. - (1.)The main relief which the petitioner has prayed for in this writ petition is to fix his seniority above that of respondents 3, 4 and 5 and issue a direction to make necessary corrections in the seniority list of Deputy Account ants (Exhibit L.).
(2.)The case of the petitioner is that he joined service as First Division Clerk on 10-3-1953 in the Treasury Branch of the Revenue Department of the former State of Mysore. When the former State of Mysore created separate Treasury cadre in 1954 the services of the petitioner stood transferred to the Treasury cadre with effect from 1-1-1954. Respondents 3, 4 and 5 are officers who were working in the Revenue Department but under the Treasuries in the South Kanara District of the Madras area which has come into the New State of Mysore under the provisions of the States Reorganisation Act. The Government of the New State of Mysore, took a decision on 25th May, 1961 to constitute a new Treasury cadre in the interest of efficiency of Treasury work. Accordingly, the State Government passed an order on 25th May, 1961 (Exhibit V. filed by the respondents with the counter-affidavit). We shall refer to the relevant portions of this order, presently. The Governor, in exercise of his powers under the proviso to Article 309 of the Constitution promulgated Rules called the Mysore General Service (Treasury Branch) (Recruitment) (Special) Rules,1961, by Notification dated 16th January, 1962. These Rules were amended by subsequent Notification dated 6th August 1962. The Rules contemplated the setting up of selection committees consisting of the officers named therein for each of the Divisions to make selection of eligible officers for the various posts contemplated under the order creating the new cadre.
(3.)It is under these circumstances that the following facts are required to be borne in mind. The petitioner as already stated was transferred to the Treasury cadre as First Division Clerk with effect from 1-1-1954. Respondents 3, 4 and 5 were appointed as First Division Clerks respectively on 28-1-1956, 28-3-2956 and 19-10-1957. The petitioner was promoted as Deputy Accountant by an order (Exhibit A) dated 19th December. 1961, "purely as a tentative measure and subject to revision when the Inter-State Seniority list in respect of this Division of I Division Accountants, Treasury Cadre, is prepared after the formation of the common Treasury Cadre to the New State of Mysore is finalised". Subsequent order (Exhibit B) dated 15-9-1962 was issued by the Divisional Commissioner, Mysore Division, Mysore, on 15-9-1962 stating that the tenure of the officers named in the order was from in-charge arrangement to officiating arrangement with effect from the dates noted against each of them. So far as the petitioner is concerned, the date mentioned is 9-1-1962. The effect of this order is that the petitioner was appointed as officiating Treasury Sheristedar with effect from 9-1-1962.
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