G. RABINATHAN versus STATE OF KARNATAKA AND ORS.

G. RABINATHAN versus STATE OF KARNATAKA AND ORS.

The question whether NCC service is Defence Service for continuity under Rule 6-A was not decided; the determination is left to the Government. If Government finds NCC service is Defence Service, appellant is entitled to continuity and seniority from 30.6.1963. The Tribunal's order is set aside and the matter remitted for Government consideration.

Parties
Appellant: G. Rabinathan; Respondents: State of Karnataka and Ors.
Jurisdiction
India
Judgment Date
03 April 1995
Procedural Posture
Civil Appeal / Appeal From Karnataka Administrative Tribunal, Order Dated 25.4.1994
Outcome
Appeals allowed; Tribunal's orders set aside
Legal Topics
Seniority, Continuity of Service, Defence Services, NCC Service
Service Law Seniority Continuity of Service Defence Services NCC Service

Case Brief

Summary, issues, holding and outcome

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Parties

G. Rabinathan

Appellant

State of Karnataka and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Karnataka Administrative Tribunal, Order Dated 25.4.1994

Legal Issues

  1. 1 Whether service in NCC qualifies as Defence Service for the purpose of seniority under Rule 6-A of the Karnataka Government Servants (Seniority) Rules, 1957.
  2. 2 Whether the appellant is entitled to continuity of service and fixation of seniority from 1963 under Rule 6-A.

Ratio Decidendi

The question whether NCC service is Defence Service for continuity under Rule 6-A was not decided; the determination is left to the Government. If Government finds NCC service is Defence Service, appellant is entitled to continuity and seniority from 30.6.1963. The Tribunal's order is set aside and the matter remitted for Government consideration.

Court Disposition

Appeals allowed; Tribunal's orders set aside

Orders

  • Matter remitted to Government for consideration whether service in NCC qualifies as Defence Service under Rule 6-A.
  • Government directed to dispose of the matter within six months of receipt of the order.