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1983 DIGILAW 5 (KAR)

S. R. JOSHI v. STATE OF KARNATAKA

1983-01-11

M.RAMA JOIS

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M. RAMA JOIS, J. ( 1 ) THE petitioner, a Revenue Inspector in the Revenue Department of the State government, has prayed for the issue of a writ of mandamus directing the respondents to maintain the ranking given to him in the list of selected candidates by the selecting authority. ( 2 ) THE facts of the case, in brief, are as follows: The petitioner was selected for appointment to the post of First division Clerk in the Revenue Department by the Public Service Commission. The posts of First Division clerks and First Grade Revenue Inspectors, in the Revenue Department constitute a combined cadre. On the basis of his selection, the petitioner was appointed as a Water Rate Revenue Inspector by an order of the Deputy Commissioner, Chitradurga district, Chitradurga on 30. 6. 1973 (vide Annexure-A ). The petitioner failed to join duty within the time allowed, as he was unable to do so. He, rules, 1957 R. 12a-1977 Rules, seniority. however, requested the Deputy Commissioner to give him extension of time to join duty and it was given. Ultimately, the petitioner joined duty on on 30. 10. 1973 i. e. , after four months from the date of the appointment order. The seniority of the petitioner has been fixed with effect from 30. 10. 1973, the date on which he joined duty ( 3 ) THE contention of the petitioner is, he being a direct recruit, the ranking given to him in the select list by the Commission must be maintained in view of Rule 5 (1) of the Karnataka government Servants Seniority Rules, 1957. He relies on Rule 12a (1) of the general Recruitment Rules, 1957, which empowered the appointing authority to extend the time given to a direct recruit on his first appointment to join duty. The petitioner's case is that when the competent authority, in exercise of its powers under R. 12a (1) of the General Recruitment Rules, had given time to join duty, the original ranking fixed in the select list cannot be altered. ( 4 ) R. 12-A of the General Recruitment Rules of 1957 (which corresponds to rule 18 of the General Recruitment rules of 1977) reads :"12a. ( 4 ) R. 12-A of the General Recruitment Rules of 1957 (which corresponds to rule 18 of the General Recruitment rules of 1977) reads :"12a. Joining time for appointment:- (1) A candidate appointed by direct recruitment shall assume charge of the post specified by the appointing authority as soon as possible after the date of the order of appointment, but not later than fortyfive days from that date. Explanation:- For the purposes of this sub-rule 'the date of order of appointment' means the date of despatch of the order of appointment by registered post to the address given by the candidate in his application lor appointment. (2) Notwithstanding anything contained in sub-rule (1), the appointing authority may on the application of the candidate and if satisfied that there are good and sufficient reasons for doing so, by order in writing grant such further time as it may deem necessary. (3) The name of the candidate who fails to assume charge of the post within the time specified in sub-rule (1) or within the further time granted under sub-rule (2) shall stand deleted from the list selected, candidates and the candidate, concerned shall cease to be eligible for a ppointment. "the contention of the petitioner is contrary to sub-rule (2) of K. 5 of the seniority Rules. Relevant part of R. 5 of the Seniority Rules reads:-"5 (3) The decision regarding the seniority of direct recruits to a service or to a class of post shall be made by the appointing authority at the time of their first appointment in one of the modes mentioned below :- (a) when the recruitment is made on the result of a competitive examination, the order of seniority will be in the order of merit, or (b) when the recruitment is made by selection, the order of seniority will be determined by the order in which the candidates are arranged in order of merit by the appointing authority in consultation with the public Service Commission or other authority making the selection. (2) Notwithstanding anything contained in sub-rule (1), the seniority of of a candidate who assumes charge of a post after the period specified in sub-rule (1) of rule 12a of the Mysore state Civil Services (General Recruitment) Rules, 1957, shall be determined as from the date on which he assumes charge of such post. (2) Notwithstanding anything contained in sub-rule (1), the seniority of of a candidate who assumes charge of a post after the period specified in sub-rule (1) of rule 12a of the Mysore state Civil Services (General Recruitment) Rules, 1957, shall be determined as from the date on which he assumes charge of such post. "sub-rule (1) (a) and (b) of R 5 provides for fixation of seniority of direct recruits in accordance with the ranking assigned in the, list of selected candidates. See: M. Savitri v. State of mysore (1 ). The question is whether that position remains undisturbed under all circumstances. Sub-rule (2) of R. 12a of the General Recruitment rules of 1957 no doubt empowered the appointing authority to extend the time even beyond 45 days, which is the time given for joining duty under sub-rule (1) of the rule Sub-rule (2) of rule 5 of the Seniority Rules however provides that if a candidate were to join duty after the period specified in rule 12-A (i), i. e. , 45 days from the date of appointment, his seniority would count only from the date of joining duty. The object of rule 12 (2) obviously, is to empower the authority to grant extension of time to join duty, to a direct recruit appointee, if he is, on account of illness or other reasons unable to join duty within 45 days, as otherwise his selection would automatically stand cancelled on the expiry of the period given under rule 12-A (1) for joining duty". See: Devsunder v. Secretary, dept. of Libraries (2 ). The extension of time to join duty beyond 45 days, if granted, only saves the. selection but not the seniority. In the present case, as the petitioner did not join duty within 45 days, notwithstanding the fact that he had secured extension of time for joining duty, he is not entitled to retain the original ranking in the select list. ( 5 ) FOR the reasons aforesaid, the petition is rejected. --- *** --- .