M .B. HIREGOUDAR versus STATE OF KARNATAKA AND ORS.

M .B. HIREGOUDAR versus STATE OF KARNATAKA AND ORS.

Appellant's selection and appointment as Junior Engineer by the Director, the competent authority under the relevant rules, and subsequent confirmation renders his appointment regular; his service from date of appointment till promotion cannot be ignored for purposes of seniority; government guidelines regularise such appointments retrospectively; seniority cannot be unsettled after many years without cause.

Parties
Appellant: M.B. Hiregoudar; Respondents: State of Karnataka and Ors.
Jurisdiction
India
Judgment Date
29 October 1991
Procedural Posture
Civil Appeal / Appeal From Karnataka Administrative Tribunal Decision
Outcome
Appeal allowed
Legal Topics
Seniority, Regularisation of Appointment, Promotion, Validity of Appointments, Applicability of Service Rules
Service Law Seniority Regularisation of Appointment Promotion Validity of Appointments Applicability of Service Rules

Case Brief

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Parties

M.B. Hiregoudar

Appellant

State of Karnataka and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Karnataka Administrative Tribunal Decision

Legal Issues

  1. 1 Whether appellant's appointment as Junior Engineer was irregular due to absence of recruitment rules and appointing authority
  2. 2 Whether appellant's service from the date of appointment should be reckoned for seniority purposes
  3. 3 Applicability of government guidelines for regularisation of irregular appointments

Ratio Decidendi

Appellant's selection and appointment as Junior Engineer by the Director, the competent authority under the relevant rules, and subsequent confirmation renders his appointment regular; his service from date of appointment till promotion cannot be ignored for purposes of seniority; government guidelines regularise such appointments retrospectively; seniority cannot be unsettled after many years without cause.

Court Disposition

Appeal allowed

Orders

  • Order of Karnataka Administrative Tribunal set aside
  • Appellant's seniority over respondents 3 to 7 restored as on 31st December, 1987