State Of Karnataka & Ors vs C. Lalitha

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 thereagainst before this Court which was allowed by an order dated 15th March, 1994 in the following terms:

After an unsuccessful attempt to obtain some order in a contempt proceedings instituted by her, the Respondent filed a fresh original application before the Administrative Tribunal which came to be dismissed whereupon she filed a writ petition before the Karnataka High Court.

The Commission issued a notification on 23.2.1976 showing the names of the candidates who became eligible to hold the posts of Assistant Commissioners being Category I service. The name of the Respondent did not figure therein. Her name did not figure even in the posts of Assistant Controllers which were also Category I posts. Her name appeared at Sl. No. 2 in the Additional List of Category I service. It is true that having regard to Devin Katti (supra), the said List was revised but even on revision of the list, her name could have been placed only below K.C. Ramamurthy who got 871 marks as she got 868 marks. Even some candidates belonging to the Scheduled Castes category as, for example, Shri T. Muktamba got higher marks than her i.e. 893 marks. It further appears that even in the List of Commercial Tax Officers, the last candidate therein Shri M. Viswanatha who was a General Category candidate got 875 marks. Thus, there were many persons who were above the Respondent both amongst General Category as also Reserved Category candidates. Upon revision of the List, She had, thus, been placed at Sl. No. 26 of Category II Service which was meant for Tahasildars. It is not in dispute that if the name of the Respondent was to be included in the Assistant Commissioner from the General Merit Category, then cases of six more candidates, namely, A.C. Suryaprakash, C. Vasumathi, V. Mohan Kumar, M. Vishwanatha, K.C. Ramamurthy and B.N. Mahesh, being above her, were also required to be considered. It is, furthermore, not in dispute that those who had been offered the post of Assistant Controller of Accounts in 1993 are currently working as Joint Controller. Only one person, Shri M.V. Munirathnappa has been promoted as Additional Controller of State Accounts on 22.5.1997. The merit position of the candidates, as noticed hereinbefore, had never been questioned and even now has not been disputed. The Respondent, on her own showing, has been presently working in Karnataka Administrative Service, Group 'A', Super-Selection Post in the scale of pay of Rs. 13820-17220. There are 62 posts in the Selection Grade and 45 posts in the Super-Selection Grade. The post of Controller is only one whereas the number of posts of Additional Controller is 9 and that of Joint Controller is 50.

Justice demands that a person should not be allowed to derive any undue advantage over other employees. The concept of justice is that one should get what is due to him or her in law. The concept of justice cannot be stretched so as to cause heart-burning to more meritorious candidates. Moreover, at the end of the day, the Respondent has got what could be given to her in law. As of now, she had already been enjoying a higher scale of pay than what she would have got if she was to join the post of Assistant Controller. We, therefore, are of the opinion that interest of justice would be sub-served if she is allowed to continue in her post and direct the Appellant to consider her seniority in the Administrative Service in terms of the order of this Court dated 15th March, 1994 that she would be the last in the seniority list of the appointees in the post of Category I Assistant Commissioner (Karnataka Administrative Service).

The Appeal is allowed to the aforementioned extent. However, there shall be no order as to costs.