AIR 1992 SUPREME COURT 410 ::1991 AIR SCW 3130 ::1992 LAB. I. C. 83 ::1992 (1) UJ (SC) 335 ::1991 (2) CurLR 979 ::(1992) 64 FacLR 318 ::1992 SCC (L&S) 965 ::(1991) 2 Lab LN 1179 ::1992 (1) ServLR 115 ::1992 (2) SCC(Supp) 491 ::(1991) 4 JT 329 (SC) ::1991 (4) JT 329

Supreme Court Of India

(From : Karnataka Administrative Tribunal)*

Hon'ble Judge(s): A. M. Ahmadi, M. M. Punchhi , JJ

(A) Karnataka Civil Services (Classification, Control and Appeal) Rules (1957) , R.5, R.7(2)— Junior Engineer in Deptt. of Mining and Geology - His appointing authority is Director - Appointment made in 1970 by Director - Subsequently selected by P.S.C. - Appointment being valid, his seniority could not be disturbed after 17 years. The Director of the Department of Mines and Geology (Ground Water Survey and Drilling Unit) (Karnataka State) is the Appointing Authority for filling the posts of Junior Engineer (Mechanical). A candidate was appointed as a Junior Engineer by the Director and was subsequently regularly recruited by the State Public Service Commission for that Post. The candidate was promoted as Asstt. Drilling Engineer along with other persons who were working as Drillers before their promotion. The Junior Engineer was shown senior to the other persons in the cadre of Asstt. Drilling Engineers for 17 years but subsequently he was placed below them in the seniority list. Held that the Director being the Appointment Authority, the appointment of the candidate as Junior Engineer could not be said to be irregular more so when he was also selected by Public Service Commission. The experience gained by him as Jr. Engineer could not be ignored as he gained it as a regular employee and not as an ad hoc employee. The absence of recruitment....