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

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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