STATE OF KARNATAKA Vs. C LALITHA
LAWS(SC)-2006-1-59
SUPREME COURT OF INDIA
Decided on January 31,2006

STATE OF KARNATAKA Appellant
VERSUS
C.LALITHA Respondents


Referred Judgements :-

N T DEVIN KATTI VS. KARNATAKA PUBLIC SERVICE COMMISSION [REFERRED TO </RC>]



Cited Judgements :-

BAPALAL J GADHVI VS. STATE OF GUJARAT [LAWS(GJH)-2007-2-10] [RELIED ON]
GHULAM AHMAD WANI VS. STATE OF J&K AND ANOTHER [LAWS(J&K)-2018-9-32] [REFERRED TO]
BHUPINDER SINGH THAKUR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2020-9-74] [REFERRED TO]
ASOK KUMAR DAS VS. PASCHIM BANGA GRAMIN BANK [LAWS(CAL)-2014-5-46] [REFERRED TO]
UNIVERSITY OF BURDWAN VS. NIRVIK BANERJEE [LAWS(CAL)-2017-4-60] [REFERRED TO]
ANIL MOTILAL NIMBHORE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2008-1-167] [REFERRED TO]
JALAJAMMA P. S. VS. STATE OF KERALA [LAWS(KER)-2007-2-760] [REFERRED TO]
AMRIKA DEVI WIFE OF LATE RAGHUNATH SAHANI VS. STATE OF BIHAR [LAWS(PAT)-2019-9-6] [REFERRED TO]
MITHILESH KUMAR JHA VS. STATE OF BIHAR [LAWS(PAT)-2020-1-56] [REFERRED TO]
S K SHRIVASTAVA VS. STATE OF M P [LAWS(MPH)-2007-2-159] [REFERRED]
HARYANA STATE FEDERATION OF CONSUMERS CO-OPERATIVE WHOLESALE STORES LIMITED VS. HARYANA CONFED EMPLOYEES WELFARE UNION [LAWS(P&H)-2009-7-333] [REFERRED]
S. ANDREWS JAWAHAR VS. THE DISTRICT EDUCATIONAL OFFICER AND ORS. [LAWS(MAD)-2015-3-34] [REFERRED TO]
MILAN RANA VS. GOVT OF NCT OF DELHI & ORS [LAWS(DLH)-2018-9-36] [REFERRED TO]
MADAN PASWAN VS. STATE OF BIHAR [LAWS(PAT)-2008-8-93] [RELIED ON]
CIVILIAN WELFARE & DEVELOPMENT TRUST (REGD.) VS. NIDHI SRIVASTAVA, IAS [LAWS(DLH)-2020-4-25] [REFERRED TO]
THE HARYANA STATE FEDERATION OF CONSUMERS COOPERATIVE WHOLESALE STORES LTD. (CONFED) VS. THE HARYANA CONFED EMPLOYEES WELFARE UNION [LAWS(P&H)-2009-7-250] [REFERRED TO]
AHMED SHER KHAN VS. STATE OF M P & 2 ORS [LAWS(MPH)-2012-9-495] [REFERRED]
DHANI RAM DUBEY VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2013-7-133] [REFERRED TO]
FAYAZ AHMAD BHAT VS. STATE AND OTHERS [LAWS(J&K)-2018-8-53] [REFERRED TO]
PRANAB KUMAR AMBASTA VS. STATE OF JHARKHAND [LAWS(JHAR)-2010-4-14] [REFERRED TO]
LAJWANTI VS. HARYANA VIDYUT PARSARAN NIGAM LIMITED AND ORS. [LAWS(P&H)-2015-5-807] [REFERRED TO]
SUNITY CHAKRABORTY VS. UNION OF INDIA [LAWS(CAL)-2014-3-68] [REFERRED TO]
PARTHEES PUBLICITY VS. COMMISSIONER CORPORATION OF CHENNAI [LAWS(MAD)-2010-9-6] [REFERRED TO]
GWALIOR DEVELOPMENT AUTHORITY VS. KIRAN VASUDEV & OTHERS [LAWS(MPH)-2018-5-77] [REFERRED TO]
STATE OF UTTAR PRADESH VS. ASHOK KUMAR SRIVASTAVA [LAWS(SC)-2013-8-38] [REFERRED TO]
UNION OF INDIA VS. DHARAM SINGH [LAWS(DLH)-2011-7-454] [REFERRED TO]
K.C. SARASWAT VS. THE C.A.T. [LAWS(RAJ)-2014-11-38] [REFERRED TO]
STATE OF J&K AND OTHERS. VS. RAJESH ANAND [LAWS(J&K)-2017-12-17] [REFERRED TO]
JAVED AHMAD CHACHOO VS. STATE OF J AND K [LAWS(J&K)-2019-6-17] [REFERRED TO]
KULWANT KUMAR KALSAN AND ORS. VS. STATE OF HARYANA AND ORS. [LAWS(P&H)-2015-4-92] [REFERRED TO]
S.K. TRADERS VS. ADDITIONAL COMMISSIONER [LAWS(ALL)-2007-7-238] [REFERRED TO]
THE STATE OF BIHAR THROUGH CHIEF SECRETARY, BIHAR, PATNA AND ANOTHER VS. MADHU KUMARI AND ORS. [LAWS(PAT)-2014-9-115] [REFERRED TO]
M/S VAJRA CEMENT PRIVATE LIMITED VS. THE BIHAR STATE ELECTRICITY BOARD [LAWS(PAT)-2015-11-98] [REFERRED]
BIJOY S. S. VS. KERALA PUBLIC SERVICE COMMISSION [LAWS(KER)-2008-10-63] [REFERRED TO]
RAKESH KUMAR DAYAL VS. STATE OF U P [LAWS(ALL)-2010-9-170] [REFERRED TO]
UTTARANCHAL FOREST RANGERS ASSON VS. STATE OF U P [LAWS(SC)-2006-9-120] [REFERRED TO]
PRADEEP KUMAR BHAWASAR VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2013-8-173] [REFERRED TO]
LAXMAN J. CHAVAN VS. STATE OF GOA [LAWS(BOM)-2020-2-104] [REFERRED TO]
UNION OF INDIA VS. ORDNANCE EMPLOYEES UNION [LAWS(BOM)-2020-2-130] [REFERRED TO]
DIPTI DAS VS. STATE OF ASSAM [LAWS(GAU)-2022-3-101] [REFERRED TO]
P K VASAVDA VS. STATE OF GUJARAT [LAWS(GJH)-2007-2-21] [REFERRED TO]
SHYAM PRASHAD VS. STATE OF J&K [LAWS(J&K)-2023-8-45] [REFERRED TO]
KOUSAR ALI VS. STATE OF J&K [LAWS(J&K)-2023-5-50] [REFERRED TO]
PRYANATH REJ VS. STATE [LAWS(CAL)-2013-2-81] [REFERRED TO]
SMTI DIPTI DAS W/O. SHRI DILIP DAS VS. THE STATE OF ASSAM AND ORS [LAWS(GAU)-2017-9-62] [REFERRED TO]
STATE OF J&K AND OTHERS. VS. S. BHUPINDER SINGH [LAWS(J&K)-2017-12-15] [REFERRED TO]
ASHOK KUMAR CHOUKSEY VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2012-9-59] [REFERRED TO]
RAMBHABAI SANTOSH PATIL VS. STATE OF MAHARSHTRA [LAWS(BOM)-2022-7-190] [REFERRED TO]
KALAWATI THAKUR AND ORS VS. UNION OF INDIA AND ANR [LAWS(DLH)-2019-3-26] [REFERRED TO]
ORISSA MANGEMENT COLLEGES ASSOCIATION VS. STATE OF ORISSA [LAWS(ORI)-2007-5-2] [REFERRED TO]
SODHA TAGAJI A. VS. STATE OF GUJARAT [LAWS(GJH)-2016-10-12] [REFERRED TO]
SANTOSH KUMAR JHA VS. STATE OF BIHAR [LAWS(PAT)-2008-8-96] [REFERRED TO]
STATE OF JHARKHAND VS. MD. AHSANULLAH KHAN [LAWS(JHAR)-2021-12-76] [REFERRED TO]
SHANTI DEVI VS. STATE OF JHARKHAND [LAWS(JHAR)-2017-8-174] [REFERRED TO]
MD ELIAS KHAN VS. STEEL AUTHORITY OF INDIA LTD [LAWS(CAL)-2006-6-50] [REFERRED TO]
UNION OF INDIA VS. JAHANGIR CHOWDHURY [LAWS(CAL)-2021-7-86] [REFERRED TO]
PARTH SARATHI SEN & ORS VS. REGISTRAR GENERAL, HIGH COURT, CALCUTTA & ORS [LAWS(CAL)-2017-5-104] [REFERRED TO]
D N DE HOMOEOPATHIC MEDICAL COLLEGE & HOSPITAL EMPLOYEES UNION VS. STATE OF WEST BENGAL [LAWS(CAL)-2014-8-64] [REFERRED TO]
MANAGEMENT OF CHEMPLAST SANMAR LTD VS. CENTRAL GOVERNMENT LABOUR COUR [LAWS(MAD)-2021-2-397] [REFERRED TO]
RAJESH KUMAR VS. STATE OF BIHAR [LAWS(PAT)-2014-10-46] [REFERRED TO]
J. KIRUBANATHAN VS. STATE OF TAMILNADU [LAWS(MAD)-2024-3-7] [REFERRED TO]
NIHAL CHANDRA JAIN VS. STATE OF M P [LAWS(MPH)-2012-9-289] [REFERRED TO]
DEEPAK MADHUKAR KAMBLE VS. UNION OF INDIA [LAWS(CA)-2014-4-29] [REFERRED TO]
RAJ BAHADUR SINGH KUSHWAH VS. UNION OF INDIA [LAWS(MPH)-2016-6-161] [REFERRED]
VIJAY KUMAR KAUL VS. UNION OF INDIA [LAWS(SC)-2012-5-54] [REFERRED TO]
DHARAM SINGH VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2018-10-159] [REFERRED TO]
MAHENDRA RAM VS. STATE OF JHARKHAND [LAWS(JHAR)-2022-7-43] [REFERRED TO]
MAHAMAYA PRASAD NAYAK VS. OUAT [LAWS(ORI)-2016-3-87] [REFERRED TO]
INDIAN COUNCIL OF AGRICULTURAL RESEARCH VS. TARAMONI [LAWS(CAL)-2008-4-25] [REFERRED TO]
R. RAMAR VS. THE SECRETARY TO GOVERNMENT, HOME (POLICE II) DEPARTMENT AND ORS. [LAWS(MAD)-2016-1-114] [REFERRED TO]
PRAKASH CHATURVEDI VS. STATE OF RAJASTHAN [LAWS(RAJ)-2006-7-2] [REFERRED TO]
RAVI SAXENA AND ORS. VS. SECRETARY GENERAL, LOK SABHA SECETARIAT AND ANR. [LAWS(DLH)-2015-11-341] [REFERRED TO]
KONJENGBAM (O) PISHAK DEVI VS. STATE OF MANIPUR [LAWS(MANIP)-2019-12-10] [REFERRED TO]
THE STATE OF BIHAR VS. RADHEY SHYAM SHARMA AND ORS. [LAWS(PAT)-2015-12-53] [REFERRED TO]
STATE OF BIHAR VS. PANKAJ KUMAR MUKUL [LAWS(PAT)-2016-4-131] [REFERRED TO]
MATHU G VS. MANAGMENT OF TAMIL NADU STATE TRANSPORT CORPN MADURAI LTD [LAWS(MAD)-2006-8-295] [REFERRED TO]
UNION OF INDIA VS. XXXXXXX [LAWS(CAL)-2023-10-18] [REFERRED TO]
THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF PUBLIC HEALTH ENGINEERING DEPARTMENT VS. SHEELA DEVI & ORS. [LAWS(PAT)-2013-5-81] [REFERRED TO]
MEENA DEVI, W/O LATE RAM NARAYAN ROY, R/O VILLAGE VS. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY PHED REPARTMENT, PATNA [LAWS(PAT)-2016-8-51] [REFERRED TO]
SECRETARY, IRRIGATION AND WATERWAYS DEPARTMENT, GOVERNMENT OF WEST BENGAL & ORS VS. SRINANDA BAISHNAB & ORS [LAWS(CAL)-2018-7-71] [REFERRED TO]
AJAY KUMAR DEY & ORS VS. KOLKATA MUNICIPAL CORPORATION & ORS [LAWS(CAL)-2018-8-55] [REFERRED TO]
CIVILIAN WELFARE AND DEVELOPMENT TRUST VS. NIDHI SRIVASTAVA, IAS [LAWS(DLH)-2020-4-5] [REFERRED TO]
CIVIL AUDIT ASSOCIATION VS. COMPTROLLER AND AUDITOR GENERAL OF INDIA [LAWS(DLH)-2021-4-82] [REFERRED TO]
BANDANA DIWEDI VS. UNION OF INDIA AND ORS. [LAWS(CA)-2015-3-27] [REFERRED TO]
D KRISHNAN VS. SPECIAL OFFICER VELLORE COOP [LAWS(SC)-2008-5-191] [REFERRED TO]
STATE OF HARYANA VS. M P MOHLA [LAWS(SC)-2006-11-89] [REFERRED TO]
FIROZUDDIN KHAN VS. STATE OF M P & 2 ORS [LAWS(MPH)-2012-9-494] [REFERRED]
MAJOR SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2011-5-103] [REFERRED TO]
RAMESH CHANDRA CHAUBEY VS. STATE OF U.P. [LAWS(ALL)-2019-7-510] [REFERRED TO]
UNION OF INDIA AND 2 OTHERS VS. RAM PATI YADAV AND 2 OTHERS [LAWS(ALL)-2018-5-719] [REFERRED TO]
POPATLAL CHHOTALAL RAWAL VS. UNION OF INDIA [LAWS(GJH)-2011-12-50] [REFERRED TO]
KASHI NATH BOSE VS. STATE OF WEST BENGAL [LAWS(CAL)-2010-12-2] [REFERRED TO]
RAJASTHAN PUBLIC SERVICE COMMISSION VS. YASHWANT KUMAR [LAWS(RAJ)-2010-8-4] [REFERRED TO]
BHAGWAN SAHAI VS. UDYOG BHAWAN COMMON FACILITY [LAWS(RAJ)-2008-9-49] [REFERRED TO]
SRI TAPAN KUMAR PAN AND ORS. VS. THE STATE OF WEST BENGAL AND ORS. [LAWS(CAL)-2008-4-118] [REFERRED TO]
UNION OF INDIA VS. TRIPTA SHARMA [LAWS(HPH)-2015-5-140] [REFERRED TO]
SRIKANTA MOHAN MISHRA VS. STATE OF ORISSA [LAWS(ORI)-2009-7-54] [REFERRED TO]
UNION OF INDIA VS. N. SRINIVASULU [LAWS(KAR)-2016-11-127] [REFERRED TO]
DISTRICT MADARAS TEACHERS ASSOCIATION,BANKA VS. STATE OF BIHAR [LAWS(PAT)-2013-5-64] [REFERRED TO]
SANKAR KUMAR DEB VS. UTTAR BANGA KSHETRIYA GRAMIN BANK [LAWS(CAL)-2012-6-46] [REFERRED TO]
G MUTHU VS. TAMIL NADU STATE TRANSPORT CORPORATION MADURAI LTD [LAWS(MAD)-2006-8-229] [REFERRED TO]
GYAMAR GAGUNG VS. STATE OF ARUNACHAL PRADESH [LAWS(GAU)-2019-11-194] [REFERRED TO]
MADHUBALA VERMA VS. STATE OF M P [LAWS(MPH)-2012-3-54] [REFERRED TO]
SMT. KIRAN BASUDEV VS. STATE OF M.P. & ORS. [LAWS(MPH)-2018-3-445] [REFERRED TO]
SALIM VS. UNION OF INDIA [LAWS(CA)-2014-4-13] [REFERRED TO]
A RAMALINGAM VS. STATE OF TAMIL NADU [LAWS(MAD)-2018-7-695] [REFERRED TO]
ARUN KUMAR MISHRA AND ORS. VS. BHUBANESWAR DEVELOPMENT AUTHORITY AND ORS. [LAWS(ORI)-2015-3-31] [REFERRED TO]
KUPPAYEE VS. THAJUDEEN [LAWS(MAD)-2012-7-282] [REFERRED TO]
ANJULATA KUMARI; SUMAN KUMAR; SUNIL KUMAR PANDEY, MEERA DEVI VS. STATE OF BIHAR [LAWS(PAT)-2009-4-251] [REFERRED]


JUDGEMENT

S.B. Sinha, J. - (1.)Construction of an inter-parties order of this Court is in question in this appeal wherein the validity of an amendment of the reservation policy of the State which was the subject matter of a decision of this Court in N.T. Devin Katti and Ors. v. Karnataka Public Service Commission and Ors. (1990)I ILLJ 456SC , had been raised. This Court therein declared that the revised reservation policy was not applicable to selection initiated prior thereto and consequently directed:
15... In this view, we direct the State Government to appoint the appellants on the posts of Tehsildars with retrospective effect, but if no vacancies are available the State Government will create supernumerary posts of Tehsildars for appointing the appellants against those posts. We further direct that for purposes of seniority the appellants should be placed below last candidate appointed in 1976, but they will not be entitled to any back wages. The appellants will be entitled to promotion if otherwise found suitable.

(2.)The Respondent thereafter filed an original application before the Karnataka Administrative Tribunal claiming appointment as Assistant Commissioner although in terms of the said revised reservation policy she was appointed as a Tehsildar. The said original application having been dismissed, a Special Leave Petition was filed there against before this Court which was allowed by an order dated 15th March, 1994 in the following terms:
The appellant was admittedly selected and shown in the first list which is upheld by this Court in N.T. Bevin Katti and Ors. v. Karnataka Public Service Commission and Ors. (1990)I ILLJ 456SC .

In this view of the matter, we allow the appeal and set aside the order of the Karnataka Administrative Tribunal. We are informed that the appellant has since been promoted to Class-I post of Assistant Commissioner (Karnataka Administrative Service). If no vacancies are available, the State Government will create a supernumerary post for the appellants appointment. We further direct that for the purposes of seniority, the appellant shall be placed below the last candidate appointed in 1976, but she will not be entitled to any back wages. The appellant will be considered for promotion if otherwise found suitable. These directions will be carried out within three months from today.

The appeal is allowed accordingly. No order as to costs.

(3.)An application for review was filed by the Appellant herein inter alia on the ground that she did not have any legal right to the said post as the State of Karnataka did not intend to give effect to the additional select list prepared by the Karnataka State Public Service Commission (Commission), which was dismissed.


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