T. SHANTHARAM versus STATE OF KARNATAKA AND ORS.

T. SHANTHARAM versus STATE OF KARNATAKA AND ORS.

The appellant, though initially deputed to a higher post contrary to rules, had served uninterruptedly and satisfactorily, justifying absorption and promotion in the Food Department; the Tribunal's earlier order granting absorption is confirmed.

Parties
Appellant: T. Shantharam; Respondent: State of Karnataka; Respondent: R.K. Vasudev (5th Respondent)
Jurisdiction
India
Judgment Date
16 January 1995
Procedural Posture
Civil Appeal / Appeal From Order of Karnataka Administrative Tribunal
Outcome
Appeal allowed
Legal Topics
Deputation, Absorption, Promotion, Seniority
Service Law Deputation Absorption Promotion Seniority

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 1 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

T. Shantharam

Appellant

State of Karnataka

Respondent

R.K. Vasudev (5th Respondent)

Respondent

Procedural Posture

Civil Appeal / Appeal From Order of Karnataka Administrative Tribunal

Legal Issues

  1. 1 Whether the absorption and promotion of the appellant, a deputationist, in the Food and Civil Supplies Department was valid
  2. 2 Whether the appellant could be deputed and promoted to a higher post than held in parent department
  3. 3 Inter se seniority between appellant and 5th respondent

Ratio Decidendi

The appellant, though initially deputed to a higher post contrary to rules, had served uninterruptedly and satisfactorily, justifying absorption and promotion in the Food Department; the Tribunal's earlier order granting absorption is confirmed.

Court Disposition

Appeal allowed

Orders

  • Order of absorption and promotion of appellant upheld
  • Direction given by Tribunal in impugned order (July 10, 1994) set aside