Mysore Government Servants (Seniority) Rules 1957 Rule 2 read with Rule 2 of the Mysore Government Servants (Probation) Rules 1957-Scope of.

"Constitution of India, Art. 226-Whether the scope of the Writ Petition be limited to the prayer portion alone?

In the new State of Mysore (Now Karnataka) which came into existence on 1-11-56 as a result of integration of the areas which formed part of erstwhile States of Mysore, Madras, Coorg, Bombay and Hyderabad, the Government on 6-2-58, 7-2-58 and 2-12-60 respectively promulgated the following Rules (al frained under Article 309 of the Constitution) namely, "The Mysore Government Servants (Probation) Rules 1957, "The Mysore Government Servants (Seniority) Rules 1957 and "The Mysore Public Works Engineering Department Services (Recruitment) Rules, 1960" The recruitment Rules envisaged appointment of Assistant Engineers in the Public Works Department by direct recruitment to the extent of 40% and by promotion for the rest viz. 50% from the cadre of Junior Engineers and 10% from the cadre of supervisors. The cadre of Assistant Engineers was to consist of 344 permanent and 345 temporary posts.

Prior to 1-11-56 in the merged States, there was a non gazetted class designated as graduate supervisors in Mysore State, as Junior Engineers in the Madras State and as supervisors in the States of Bombay and Hyderabad. The claim of the graduate supervisors who were given charge of sub-divisions prior to 1-11-56 and continued to hold the same even thereafter. for equation of their posts with those of Assistant Engineers, was rejected by the Central Government. However, on 15-11-58. 167 of them (including 107 graduate supervisors from Mysore) and between the period 2nd Dec. 1958 and 13th October '60, 299 more persons of the same class were promoted as officiating Assistant Engineers. With reference to three notifications of the Mysore Public Service Commission dt. 1-10-58, 4-5-59 and 1-4-61, eighty eight candidates were appointed on 31st Oct. 61, i.e. 8 days after the amendment of the Recruitment Rules giving them retrospective effect from 1st March 1958, as Probationary Assistant Engineers by direct recruitment. The challenge to their appointment was ultimately rejected by this Court in B. N. Nagarajan v. State of Mysore & Ors., [1966] 3 S.C.R.. 682 holding that their appointment although made after the Recruitment Rules had come into force, were valid, as the process of direct recruitment had been set in motion by the State Government in exercise of is executive power under Article 162 of the Constitution of India well before the Recruitment Rules were promulgated and that these appointments were therefore, "outside the Recruitment Rules".

In the year 1971 various orders were passed promoting some of the direct H recruits to the posts of Executive Engineers and those orders were challenged by 4-409 SC1/79 the promotees on the ground that they had been given promotions "on regular basis" which amounted to substantive appointments and that therefore they should rank senior to the direct recruits. Subsequent to the issue on 4-9-73 of a revised seniority list superseding the list (G) prepared on 28-9-72 further writ petitions were filed by the promotees. All the petitions were heard together by the High Court and allowed with the following directions:

(i) Promotees other than those covered by direction (ii) and direct recruits, would not be governed by the quota system as envisaged in the Recruitment Rules.

(ii) Promotees who were appointed to posts of Assistant Engineers with effect from Ist of March 1958, or later dates, would be governed by the quota system as envisaged in the Recruitment Rules.

(iii) Promotees appointed as Assistant Engineers prior to 31st October 1961 would rank senior to the direct recruits whose appointments were made on that date.

(iv) The claim of each of the promotees to the next higher post shall be considered with effect from a day prior to that on which any officer found junior to him was promoted.

Allowing the appeals by special leave, the Court