CHANDHASHEKHAR, J. - (1.)The petitioner is an Assistant Director in the Bureau of Economics and Statistics, in this petition, he has complained that his seniority and prospects of promotion have been adversely affected by transfer of respondents 2 and 3 from the Department of Animal Husbandary and Meterinary Services (hereinafter referred to as the Department of AH. & VS.) to the bureau of Economics and Statistics. He has prayed for quasning Government Orders by which respondents 2 and '6 were so transferred and were treated as being on deputation in the Department of AH. & VS. He has also asked us to strike down Rule 6 of the Mysore Government Servants' (Seniority) Rules, 1957 (hereinafter referred to as the Seniority Rules) and Rule 10 (a) (11) of the Mysore State Civil Services (General Recruitment) Rules 1957 (hereinafter referred to as the General Recruitment Rules), on the ground of their being unconstitutional.
(2.)Most of the material facts are not in dispute. In November 1962 the Government of Mysore appointed a Committee under the Chairmanship of the Chief Secretary to the Government, to examine, inter alia, the question of re-organising the administrative set up of the Department of AH. & VS., with a view to improve the efficiency of that Department. One of the recommendations of that Committee was that while the existing Statistical Section of that Department should be continued under the control of the Director of that Department, the incumbents of posts in that Section should be transferrtd to the Department of Statistics and that the Director of the former Department should secure services of officers and staff on deputation basis from the Department of Statistics. By its order dated 23-12-1966 (marked Annexure B) the Government accepted the above recommendation of the said Committee, and directed that the Director of Statistics should spare the services of Officers and statistical staff required by the Department of AH, & VS., on deputational basis against the sanctioned posts and whenever new posts are created. By this Government Order, respondent 3 who was holding the post of Deputy Director of Statistics (Class I Post) and respondent 2 who was Statistical Assistant (Class III post) and holding the post of Field Officer (Class II post) on independent charge basis until further orders, were transferred with immediate effect from the Department of AH. VS., to the Department of Statistics, but were continued in the Statistical Wing of the Department of AH. & VS., on deputation basis. This Government Order further directed that the seniority of these two Officers should be regulated by Rule 6 of the Seniority Rules.
(3.)By the Government Order dated 5/8-11-1968 (marked Annexure A) , respondent 2 was treated as being on deputation in the Department of AH. & VS., in the post of Field Officer (Class II post) with effect from 23-12-1966 which was the date of transfer of officers from that Department to the Bureau of Economics and Statistics. This Government Order further stated that orders regarding shifting of his lien and regularisation of his pay, would be issued separately.
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