M. NARASAMMA Vs. THE STATE OF KARNATAKA AND OTHERS

JUDGEMENT

(1.) The petitioner who is working as a Selection Grade Stenographer in the Department of Excise, has filed this writ petition challenging the appointment of the third respondent as Gazetted Personal Assistant (Class-II) to the Excise Commissioner, Bangalore.

(2.) The relevant facts are -

(3.) Mr. Murlidhar Rao, learned counsel for the petitioner submits that the petitioner is senior to respondent-3 and is eligible for promotion under Ext. 'A' and therefore the order made by respondent-2 promotion respondent-3 is in violation of Art. 16 of the Constitution of India. Elaborating his contention, he submitted that the post of Gazetted Personal Assistant (Class-II) is a newly created post and this post not being included in the Cadre and Recruitment Rules or in Schedule II to the Karnataka Civil Services (Service and Kannada Language Examination) Rules, 1974 (hereinafter referred to as the Service Rule), no examinations is prescribed for becoming eligible for promotion to the newly created post and in the alternative that even if the newly created post is to come within the words 'all the gazetted officers' in item 26 of Schedule II of the Service Rules, the petitioner is required to pass the prescribed examinations for the post she is holding as also the prescribed examinations for the promotional post. He further submitted that the examination for the post of Stenographer she is holding was prescribed only on 4-11-1976 and the petitioner is permitted to pass the same within three years from 4-11-1976 and the Government cannot therefore overlook her claim for promotion on the ground that she has not passed the prescribed examinations.