A B KRISHNA Vs. STATE OF KARNATAKA
LAWS(SC)-1998-1-92
SUPREME COURT OF INDIA (FROM: KARNATAKA)
Decided on
January 14,1998
A.B.KRISHNA
Appellant
VERSUS
STATE OF KARNATAKA
Respondents
Cited Judgements :-
CHANDRA PRAKASH TIWARI VS. SHAKUNTALA SHUKLA [LAWS(SC)-2002-5-7] [REFERRED]B.AJAYA PATRO VS. STATE OF ODISHA [LAWS(ORI)-2024-3-68] [REFERRED TO]
ANIL MOTILAL NIMBHORE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2008-1-167] [REFERRED TO]
VIJAY SINGH AND OTHERS VS. STATE OF U.P. AND OTHERS [LAWS(ALL)-2002-10-254] [REFERRED TO]
SUBHASH CHANDRA SHARMA VS. STATE OF U P [LAWS(ALL)-2000-6-15] [REFERRED TO]
RUBI PANWAR VS. STATE OF U.P. [LAWS(ALL)-2014-10-126] [REFERRED TO]
K.J. SOMAIYA COLLEGE OF ENGINEERING VS. THE SECRETARY FEES REGULATING AUTHORITY [LAWS(BOM)-2018-1-352] [REFERRED TO]
RAVI VS. UNION OF INDIA [LAWS(DLH)-2021-10-133] [REFERRED TO]
NABAM PARIO VS. STATE OF A P [LAWS(GAU)-2020-3-116] [REFERRED TO]
UNION OF INDIA VS. GULSHAN KUMAR [LAWS(KER)-2019-4-35] [REFERRED TO]
CHHINDWARA PLUS DEVELOPERS LIMITED VS. UNION OF INDIA [LAWS(MPH)-2017-9-55] [REFERRED TO]
UNION OF INDIA VS. C DINKAR [LAWS(KAR)-2001-10-16] [REFERRED TO]
YASI GADUK VS. STATE OF ARUNACHAL PRADESH [LAWS(GAU)-2020-3-119] [REFERRED TO]
N Y GUPTE VS. HIGH COURT OF JUDICATURE AT BOMBAY [LAWS(BOM)-2001-9-77] [REFERRED TO]
STATE OF U.P. AND ORS. VS. ANIL KUMAR BHARTI [LAWS(ALL)-2015-5-325] [REFERRED TO]
CHIEF SECURITY COMMISSIONER RAILWAY PROTECTION FORCESOUTH CENTRAL RAILWAY VS. SOUTH CENTRAL RAILWAY PROTECTION FORCE ASSOCIATION [LAWS(APH)-2008-10-47] [REFERRED TO]
STATE OF TRIPURA VS. AJIT CHAKRABORTY [LAWS(TRIP)-2019-5-5] [REFERRED TO]
STATE OF U.P. VS. ZILA PARISHAD GHAZIABAD [LAWS(SC)-2013-2-6] [REFERRED TO]
STATE OF MADHYA PRADESH VS. KEDIA LEATHER AND LIQUOR LIMITED [LAWS(SC)-2003-8-75] [REFERRED]
PRASHANT MEHTA VS. NATIONAL LAW UNIVERSITY [LAWS(RAJ)-2019-5-125] [REFERRED TO]
RAJESH KUMAR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2014-3-19] [REFERRED TO]
S PRAKASH VS. K M KURIAN [LAWS(SC)-1999-5-68] [REFERRED]
GOVERNMENT OF NCT OF DELHI VS. UNION OF INDIA [LAWS(SC)-2023-5-48] [REFERRED TO]
STATE OF U.P. VS. VIRENDRA KUMAR [LAWS(SC)-2020-2-25] [REFERRED TO]
ASHISH KUMAR VS. UNION OF INDIA [LAWS(ORI)-2022-11-114] [REFERRED TO]
MAHTAB AHMAD SIDDIQUE VS. STATE OF JHARKHAND THROUGH THE SECRETARY [LAWS(JHAR)-2006-8-33] [REFERRED TO]
GULMARG ESTATE PVT. LTD. VS. SANTANU SARKAR [LAWS(CAL)-2023-3-90] [REFERRED TO]
SATYA NARAIN SHUKLA VS. UNION OF INDIA [LAWS(SC)-2006-5-43] [REFERRED TO]
STAR INDIA PRIVATE LIMITED VS. DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION [LAWS(MAD)-2018-5-47] [REFERRED TO]
B M SOLANKI VS. STATE OF GUJARAT [LAWS(GJH)-1999-10-19] [REFERRED TO]
CHIDURALA SUDAKAR AND OTHERS VS. STATE OF TELANGANA AND OTHERS [LAWS(APH)-2018-7-1] [REFERRED TO]
DEEPAK TAYENG VS. STATE OF ARUNACHAL PRADESH [LAWS(GAU)-2014-6-79] [REFERRED TO]
ASCOT ESTATES PVT. LTD VS. BON VIVANT LIFE STYLE PVT. LTD [LAWS(DLH)-2015-12-6] [REFERRED TO]
STATE OF U.P VS. SINCHAI MAZDOOR SANGH UTTAR PRADESH [LAWS(ALL)-2025-1-45] [REFERRED TO]
KALYANI MEHROTRA VS. STATE OF U.P. [LAWS(ALL)-2021-5-18] [REFERRED TO]
VIJAY KUMAR PANDEY VS. STATE OF U P [LAWS(ALL)-2007-10-41] [REFERRED TO]
BIJAY KUMAR AND ORS. VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2014-12-141] [REFERRED TO]
S PAPPA VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-1999-7-120] [REFERRED TO]
JARJUM YOMGAM VS. STATE OF A P [LAWS(GAU)-2020-3-118] [REFERRED TO]
NAGEN BHOI VS. STATE OF ODISHA [LAWS(ORI)-2023-1-59] [REFERRED TO]
KRISHAN KUMAR VS. STATE OF HARYANA [LAWS(P&H)-2022-9-88] [REFERRED TO]
KRISHAN KUMAR VS. STATE OF HARYANA [LAWS(P&H)-2022-9-88] [REFERRED TO]
MAHENDRA NATH MUDOI & ORS. VS. STATE OF ASSAM & ORS. [LAWS(GAU)-2012-12-39] [REFERRED TO]
M KESAVULU VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2003-9-87] [REFERRED TO]
G. RAMA MOHAN RAO AND ANOTHER VS. THE GOVERNMENT OF ANDHRA PRADESH, REP, BY ITS PRINCIPAL SECRETARY AND CHAIRMAN, AGRICULTURAL, MARKETING & COOPERATIVE DEPARTMENT, SECRETARIAT, HYDERABAD AND ANOTHER [LAWS(APH)-2017-3-11] [REFERRED TO]
STATE OF U.P. AND ORS. VS. RAJENDRA SINGH AND ORS. [LAWS(ALL)-2015-5-283] [REFERRED TO]
RAM BABU YADAV & 93 ORS; MOHAMMAD IRSHAD & 7 ORS; SURESH KUMAR YADAV AND 2 ORS; RAJESH SINGH AND 46 ORS; RAJEEV SRIVASTAVA AND 4 ORS VS. STATE OF U P THROUGH PRIN SECY HOME LKO & ORS [LAWS(ALL)-2018-1-201] [REFERRED TO]
SMT. MANORAMA BALA VS. SMT. SRUTI ROY & ORS. [LAWS(CAL)-1998-11-59] [REFERRED TO]
KISHORE KUMAR YADAV AND ORS. VS. THE STATE OF JHARKHAND AND ORS. [LAWS(JHAR)-2015-1-75] [REFERRED TO]
HARSHA N. VS. KARNATAKA PUBLIC SERVICE COMMISSION [LAWS(KAR)-2023-3-670] [REFERRED TO]
PRAMOD KUMAR YADAV VS. STATE OF BIHAR [LAWS(PAT)-2024-4-79] [REFERRED TO]
JAGMOHAN SINGH BHATTI VS. UNION OF INDIA AND OTHERS [LAWS(P&H)-2016-8-58] [REFERRED TO]
PRAVEEN KUMAR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2022-5-412] [REFERRED TO]
GOVIND RAM JAKHAR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2022-9-25] [REFERRED TO]
DR. ABHINAV SINGLA VS. STATE OF TELANGANA [LAWS(TLNG)-2023-1-82] [REFERRED TO]
NALINI CHIDAMBARAM VS. DIRECTORATE OF ENFORCEMENT, REPRESENTED BY ITS DIRECTOR, GOVERNMENT OF INDIA [LAWS(MAD)-2018-7-315] [REFERRED TO]
KISHOREBHAI KHEMANCHAND GOYAL VS. STATE OF GUJARAT [LAWS(SC)-2003-10-82] [REFERRED TO]
A K AHLAWAT VS. STATE OF HARYANA [LAWS(P&H)-2010-5-18] [REFERRED TO]
JHARKHAND RAJYA GRAM RAKSHA DAL (IN W.P.(S) NO. 3894 OF 2015) VS. THE STATE OF JHARKHAND (IN ALL THE CASES) [LAWS(JHAR)-2017-3-17] [REFERRED TO]
ASHOK KUMAR AGARWAL VS. UNION OF INDIA [LAWS(ALL)-2021-9-208] [REFERRED TO]
KAHERA SAYED VS. THE STATE OF MAHARASHTRA & ORS [LAWS(BOM)-2017-4-87] [REFERRED TO]
ANIL BHANDARI VS. UNITED INDIA INSURANCE CO LTD [LAWS(RAJ)-2003-5-25] [REFERRED TO]
SUNIL TUDU VS. STATE OF JHARKHAND [LAWS(JHAR)-2024-4-25] [REFERRED TO]
KRUPABEN B TRIVEDI VS. STATE OF GUJARAT [LAWS(GJH)-2002-2-1] [REFERRED TO]
DEKTER GADI VS. STATE OF A P [LAWS(GAU)-2020-3-117] [REFERRED TO]
PADI BABY VS. NABAM PARI [LAWS(GAU)-2020-3-160] [REFERRED TO]
STATE OF UTTAR PRADESH VS. SHAKUNTALA SHUKLA S I POLICE [LAWS(ALL)-1999-7-158] [REFERRED TO]
JUDGEMENT
S. Saghir Ahmad, J. -
(1.)Section 39 of the Fire Force Act, 1964 under which Mysore Fire Force has been established gives rule-making power to the State Government, in exercise of which the State Government made Mysore Fire Force (Cadre Recruitment) Rules, 1971. Under these Rules, promotion to the post of Leading Firemen is made from the post of Firemen/Firemen Drivers.
(2.)In 1982, an examination was conducted for making promotion to the post of Leading Firemen in accordance with the procedure indicated in the Rules, and a select list of 43 persons including respondents 4 and 5 was prepared out of which nineteen persons, ten in one batch and nine in the other, were promoted but thereafter the select list was not operated. In June, 1982, the Government of Karnataka, however, took a policy decision that promotion to the post of Head of Department or to the posts of Additional Head of Department would be made by selection while promotion on all other posts would be made on the basis of seniority-cum-merit and not by selection, including selection through a qualifying examination, irrespective of the method specified in the Rules of Recruitment. In view of this policy decision, the Karnataka Civil Services (General Recruitment) Rules, 1971 were amended. This was followed by a Circular which was issued to all the departments indicating therein that examination, if any, prescribed under the Rules, may not be held for purpose of promotion.
(3.)In 1986, after the amendment of the General Rules, as indicated above, the appellants were promoted to the post of Leading Firemen on the basis of their seniority. Their promotion was challenged by respondents 4 and 5 on the ground that the Karnataka Civil Services (General Recruitment) Rules, 1977 were not applicable to the posts under the present establishment and that promotion to the post of Leading Fireman shall continue to be governed by the Rules made by the State Government under Section 39 of the Fire Force Act, 1964, under which a qualifying examination had to be passed before promotion which was not passed by the appellants who were promoted merely on the ground of seniority. This contention has been upheld by the Karnataka Administrative Tribunal. It is against this judgment that the present appeal has been filed.
(2.)In 1982, an examination was conducted for making promotion to the post of Leading Firemen in accordance with the procedure indicated in the Rules, and a select list of 43 persons including respondents 4 and 5 was prepared out of which nineteen persons, ten in one batch and nine in the other, were promoted but thereafter the select list was not operated. In June, 1982, the Government of Karnataka, however, took a policy decision that promotion to the post of Head of Department or to the posts of Additional Head of Department would be made by selection while promotion on all other posts would be made on the basis of seniority-cum-merit and not by selection, including selection through a qualifying examination, irrespective of the method specified in the Rules of Recruitment. In view of this policy decision, the Karnataka Civil Services (General Recruitment) Rules, 1971 were amended. This was followed by a Circular which was issued to all the departments indicating therein that examination, if any, prescribed under the Rules, may not be held for purpose of promotion.
(3.)In 1986, after the amendment of the General Rules, as indicated above, the appellants were promoted to the post of Leading Firemen on the basis of their seniority. Their promotion was challenged by respondents 4 and 5 on the ground that the Karnataka Civil Services (General Recruitment) Rules, 1977 were not applicable to the posts under the present establishment and that promotion to the post of Leading Fireman shall continue to be governed by the Rules made by the State Government under Section 39 of the Fire Force Act, 1964, under which a qualifying examination had to be passed before promotion which was not passed by the appellants who were promoted merely on the ground of seniority. This contention has been upheld by the Karnataka Administrative Tribunal. It is against this judgment that the present appeal has been filed.
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