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Hr Ramachandraiah v. State of Karnataka

Supreme Court of India · 28 February 1997 · [1997] 2 S.C.R. 594

Court
Supreme Court of India
Decided
28 February 1997
Case no.
SLP(C) No. 3713-3714 of 1997
Reported as
[1997] 2 S.C.R. 594
Result
Dismissed
Bench
K. Ramaswamy, Sujata V. Manohar
Length
2 pages
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PETITIONER:
H.R. RAMACHANDRAIAH & ANR.
Vs.
RESPONDENT:
STATE OF KARNATAKA & ORS.
DATE OF JUDGMENT: 28/02/1997
BENCH:
K. RAMASWAMY, SUJATA V. MANOHAR

ACT

HEADNOTE

JUDGMENT

ORDER

These special leave petitions arise from the order of the Karnataka Administrative Tribunal, made on October 31, 1996 in Application Nos. 1374 and 1375/96.

The admitted position is that the petitioners were appointed as Laboratory Attenders in the Department of Horticulture under the Karnataka Horticulture (Department) Recruitment Rules, 1974. Under the hierarchy of the posts, there are Gardeners, Peons, Zamadars including Attenders, Head Gardeners and Field Assistant in the said Department and various scales of pay have been prescribed in the above Rules. The Rules prescribe 25% quota for recruitment by promotion to the post of Field Assistants from the cadre of Head Gardeners, Gardeners, Maistries and col. 3 thereof prescribes the minimum qualification for promotion to the same category. The Petitioners had filed the OA claiming promotion to the posts of Field Assistant treating the Laboratory Attenders are equivalent to Head Gardeners and, therefore, they are eligible to be considered for promotion to the post of Field Assistant. They placed reliance on the judgment of a learned single Judge of the Karnataka High Court. The Tribunal has not accepted the same and dismissed the petition. The Tribunal on an elaborate consideration has given the direction in the operative consideration has given the direction in the operative paragraph of the judgement as under:

"We, therefore, direct the

Government to constitute a high

powered committee to go into the

details of the Mechanics which

prompted the Director to pass such

orders giving retrospective

promotion and further releasing

huge sums of money from the public

exchequer. On the basis of the

Report of the Committee, suitable

action be taken against such errant

officials after holding enquiry as

required under law in respect of

the losses caused to the

Government. In an action by way of

restitution, it will be the

endeavour of the Courts of

Tribunals to ensure that party who

has suffered on account of

decisions should be put back to the

position as far as practicable in

to the position as far as

practicable in which he would have

been, if decision adversely

affecting him had not been passed.

Courts/Tribunals should not ’be

oblivious of any unmerited hardship

to be suffered by the party against

whom action by way of restitution

is taken. In deciding appropriate

action by way of restitution, the

Tribunals/Courts should take a

pragmatic view and frame relief in

such a manner as may be reasonable,

fair and practicable and does not

bring about unmerited hardship to

either of parties. While initiating

recovery, the State is directed to

consider of granting phased

instalments having in vie of the

length of service of the

Applicants, since recovery in

lumpsum would be oppressive and

leads to economic ruination. "

It would appear that by giving retrospective promotions to various persons, huge public funds have been frittered away by an illegal action of the Director of Horticulture and, therefore, the aforestated direction came to be issued. While reiteration that action should be taken against erring officers and personal responsibility also fixed; apart from that, disciplinary action should be taken against the persons concerned. We do not think that there is any force in the contention raised by the learned counsel for the petitioners. May be hat the learned counsel for the petitioners. May be that the learned single judge of the High Court had taken the view that the petitioners. May be that the learned single judge of the High Court had taken the view that the Laboratory Attenders could also be treated as Head Gardeners. Unless the Rules are integrated and the channel of promotion is given, by interpretation one category cannot be transposed from other channels and fitted into altogether a different category of service merely because channel of promotion in that service is not provided. Under these circumstances, unless the petitioners get into the channel of promotion under the statutory Rules, they cannot by interpretation be fitted into the category to which they do not belong and cannot claim promotion on tat basis. Accordingly, we do not find any illegality in the order passed by the Tribunal warranting interference.

The special leave petitions are accordingly dismissed.

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