- (1.) Leave granted. We have heard learned counsel on both sides.
(2.) These appeals by special leave arise from the order of the Karnataka Administrative tribunal, Bangalore bench, made on 24/1/1996 in Applications Nos. 1405 and 1564 of 1992 and batch.
(3.) The admitted position is that the governor, in exercise of the power under proviso to Article 309 of the Constitution has constituted, for the first time, the Mysore Agricultural State Service Cadre. Therein, Class II posts consist of Assistant Directors, District Agricultural Officers, Cotton Development Officers, Horticultural Development Officer, Senior Assistant of Research Section, Professors - Class II, Superintendents of Agricultural Research Stations and Agronomists and Assistant Soil Conservation Officers and Apiarist. The method of recruitment from different sources has been prescribed by the rules called Mysore Agricultural Department Service (Recruitment) Rules, 1961 issued by the governor in exercise of the power under proviso to Article 309 of the Constitution which came into effect from 26/9/1961. Therein, 25% posts of Assistant Directors are reserved for direct recruitment and 75% for promotees from Extension Officers (Agriculture). The method of direct recruitment has been provided in column 3. Similarly, 50% posts of Senior Assistant of Research S. and Professors Class II are reserved for by direct recruitment and 50% by promotion of Scientific Assistants. Equally, for Superintendents of Agricultural Research Stations and Agronomists, 50% is by direct recruitment and 50% is by promotion from the cadre of Agricultural Extension Officers and Scientific Assistants. For the posts of Assistant Soil Conservation Officers, 33-1/3% is by direct recruitment and 66-2/3% by promotion from the post of Extension Officer (Agriculture) NES Blocks who have undergone training in Soil Conservation. For Apiarist, by direct recruitment or by promotion of Research and Teaching Assistants in Entomology who have undergone training in Agriculture for which there is no quota. Subsequently, these designations of the officers have been changed by the proceedings as a result of the Mysore Pay Commission Report of 1968. The redesignated posts have come into effect from 23/9/1970. As many as 31 categories of posts have been enumerated with redesignations in Class II posts. Subsequently, the question of inter se seniority cropped up at different stages and pursuant to the directions issued by the tribunal also. In exercise of the power by the governor by Notification dated 11/3/1992, the government have issued seniority list working out the respective ratio between the direct recruitment and the promotees, as enumerated in Annx. I to the Notification. Clause 1 reads as under: "The Candr Rules of Agriculture Department came into effect on 26/9/19611 and subsequently superseded by Notification No. AF 39 ADO 72 (ii) , dated 18/8/1976 which came into effect from 26/8/1976. It was herein provided for recruitment to the cadre of Agriculture Officers to the extent of 50% by promotion and 50% by direct recruitment. However, the said 1976 Rules have been amended vide Notification No. AAH 161 ADO 77, dated 339 8/9/1978 altering the ratio to 25% by direct recruitment and 75% by promotion. Therefore, quota for direct recruitment and promotion during the periods from 26/9/1961 to 25/8/1976 and 26/8/1976 to 7/9/1978 is taken at 1:1 respectively and at 1:4 from 8/9/1978 onwards. "clause 5 says: "Vacancies occurred and their regular utilisation for direct recruitment and promotion has been taken into account while computing vacancies. "in clause 6 it is stated that: "Inter se seniority between direct recruitment and promotion in the block period is determined based on the length of continuous officiation. " Clause 9 says: "A gradation list of Assistant Agriculture Officers as on 26-9-1961 was published by the Director of Agriculture on 5/1/1979. Subsequently another rectified gradation list published on 16/1/1989 has been set aside by the government in GO No. AHD 45 AGP 89, dated 19-6-1990 and consequently the list dated 5/1/1979 stands restored and has been taken into consideration while preparing the gradation list of Agriculture Officers as on 1/1/1989. "clause 11 postulates the existence of various vacancies required to be filled up by direct recruitment and by promotion, as enumerated therein. "The vacancies utilised have been re-worked and quotas fixed. The block-wise vacancies and quotas for direct recruitment and promotions are as under: DIRECT 337. htm;