Holding

The Badami rule on strict enforcement of the recruitment quota must be given full effect, and the direct recruits' claims succeed while the promotees' claims fail.

Summary

The case concerned inter‑se seniority between direct recruits and promotees in the Karnataka Administrative Service where the recruitment rules prescribed a two‑thirds promotion and one‑third direct recruitment quota. Because direct recruitment was not made timely, temporary promotions were given beyond the quota and later the vacancies were filled, leading to disputes over seniority in the gradation list. The Supreme Court examined the earlier decision in V.P. Badami v. State of Mysore, which held that the quota rule must be strictly applied and that temporary promotions do not create a permanent seniority right. It held that the quota rule continued to operate throughout the relevant period and that the three‑year carry‑forward limitation was not a general rule applicable here. Consequently, the Court allowed the appeals and writ petitions of the direct recruits and dismissed those of the promotees, directing the State to adjust the gradation list accordingly without awarding costs.

Issues considered

The effect of the quota rule on inter‑se seniority between direct recruits and promotees.
Whether the quota rule was abandoned or altered after 1957.
The binding effect of the Badami judgment on the present dispute.
The applicability of the three‑year carry‑forward limitation from Col. Iyer’s case.
Whether any additional directions are required to resolve the seniority list.

Subjects

inter se seniorityquota rulepromotion vs direct recruitmentKarnataka Administrative Servicegradations listtemporary promotioncarry forward of vacanciesservice law

Judgment

CONAL BIHJMAPPA A
v.
STATE OF KARNATAKA & ORS.

AUGUST l l, 1987

[RANGANATH MISRA AND M.M. DUTT, JJ.] B

Inter se seniority between direct recruits and promotees amongst
the officers of the Karnataka Administrative Service-Dispute reltlting

- to.

Under the relevant Recruitment Rules relating to Class I junior C
scale posts, there was a quota system-two-thirds orthe vacancies had
to he tilled up by promotion by selection from Class II officers and the
remaining one-third hy direct recruitment hy competitive examination
to be held by Public Service Commission.
D
When direct recruitment was not made timely as envisaged hy the
scheme in the Rules, officiating promotions were given in respect of the
posts covered by the direct recruit quota. Such temporary promotions
remained effective for a number of years and later when the vacancies
within the direct recruitment quota were tilled up, the appointments
made in the later years were deemed to carry weightage for seniority on E
the footing of deemed tilling up when the vacancies had arisen. Thus,
the dispute as to seniority inter se between those who had manned the
promotional posts beyond 2/3rds limit and the direct recruits subse-
quently appointed, arose for judicial determination. This Court in V.P.
Badami, etc. v. State of Mysore and Ors., [1976] 1 SCR 313 had dealt
with a similar situation with reference to the same set of rules, and with F
a view to implementing the rule of this Court in Badami's case, the State
government bad issued an official memorandum on 5. 7. 75, laying down
guidelines for determination of the seniority between the direct recruits
and promotees, and accordingly, gradation list of the junior scale offi·
cers as on 30.6. 73 was drawn up, and notified on 10.8. 75. By a later
notification dated 2.2. 77, a further gradation list was published. Then, G
on a representation by the 1974 batch of direct recruits for reflxation of
inter se seniority in the gradation list taking into account the carried
forward vacancies, the State Government made an order on 22.5.80 to
the effect that the 1974 batch of direct recruits should be shown
immediately below serial number 64 and above serial number 65 in the
continuation gradation list published on 2.2. 77. H

885
886 SUPREME COURT REPORTS [1987] 3 S.C.R.

Aggrieved by this government direction, some promotees moved
A
the High Court under Article 226 of the Constitution for protection of
their seniority, and aggrieved by the decision of the High Court, both,
the direct recruits and promotees moved this Court for relief by appeals
by special leave and writ petitions. The promotees challenged the
propriety of the direction of the High Court to modify the gradation list
B by applying the quota rule, while the direct recruits sought to have full
application of the quota rule instead of the limitation of three years, and
the consequential benefits.

c
Allowing the appeals and the writ petitions of the direct recruits
and dismissing the appeals by the promotees, the Court, -
HELD: The rule of this court in V. P. Badami, etc. v. State of
Mysore and others, [1976] 1 SCR 313 has to be given full effect. The
appeals and writ petitions of the direct recruits have to succeed and
those by the promotees have to fail. The Court hopes the State of
Karuataka will not demote anyone who has been in a promotional post
D for several years in the Class II service as a consequence of this decision,
but the gradation list has got to be adjusted to fit into the principles
indicated in the judgment. No justification was shown as to why
the State of Karnataka failed to comply with its obligation of making
recruitments in accordance with the quota system. Once the State
frames fules, the rules are binding on the State, and like individuals, the
E State has got to resulate its conduct in accordance with the rules;
in fact, the State has to observe them all the more. The Court hopes
that the State of Karnataka in the years ahead will comply with the
quota rule with regularity so that a litigation of this type may not arise
again. [907D·F] y

F Upon a suggestion of the Court, counsel for the parties filed
charts, containing recast gradation list on the basis of the claims
advanced before the Court-showing (1) how it would be when the full
claim of the promotees was granted and (2) how different it would look
when the total claim of the direct recruits was allowed, and the Court
notices that the process of pushing up and down would be inevitable,
G but would be within reasonable limits and no irreparable prejudice was
apparent. [907H; 908A·B]

OBSERVATION: The Court was struck by the innumerable
rules framed within a period of about thirty years to cover the field
relating to constitution, recruitment and provision for other conditions
H of service. It is proper that service rules should be simple, making
G. BIHIMAPPA v. KARNATAKA 887

reasonable provision for necessary aspects. While framing such rules, A
the relevant provisions of the Constitution and the laws in force have
to be kept in view. There should he no frequent alteration of the
service rules. Exigencies of circumstances and unforeseen situa-
tions will certainly justify alterations. Those would be indeed rare
'>- occations. (9058; 906A-B]
B
Experience shows that legal battles are fought in court between
Government servants-whether an individual pitched against an ·
individual or a group against a group; this embitters relationship inter
se and often results in a switch-over of attention from public duty to
- personal cause. Frequent litigations against the State or the higher
authorities in the hierarchies of administration wipe out reverence,
c
loyalty and the sense of discipline, and substitute these by anger, dis-
respect and rancour. In the process, fellow-feeling is lost and the sense
of brotherhood vanishes. The net result of all this is the deprivation of
the efficiency of the bureaucratic community to serve the society. The
undue growth of service litigation within the four decades of indepen-
dence clearly calls for these observations. As and when the occasion has D
arisen, the Court has sought to draw the attention of the State as the
employer as also the government servants to this aspect of the matter.
This has been done not with a view to subjecting any litigant to undue
criticism but with the fond hope that it would help the problem to
receive adequate attention. The Court is surprised that the words spelt
out in the different judgments have fallen on deaf ears. Thereby the E
most powerful wing in the administrative set up is gradually moving
away from its designated path. There have been cases where officers
have been in court, litigating over service disputes for about twenty-live
to thirty years of their career, which would mean almost three-fourth of
their service period. What would be the contribution of such officers to
the public service, can be well imagined. Very often a public officer is F
forced into litigation as he gets no justice from his superior. There are
also several instances where an officer drags the employee into litigation
without a cause of action. These are matters which must be taken into
account without further loss of time and with fortitude so that the most
effective wing of the administration does not further lose its service
ability. [906B-G I G

A public servant is in the position of a trustee. Social power vests
in him for rendering service to the community. Every public servant
has to be cognizant to that obligation. Once the level of that conscious-
ness grows up, there is bound to be-a corresponding fall in the attitude 'H
888 SUPREME COURT REPORTS (1987] 3 S.C.R.

A to litigate over small issues. It is for the privileged public servant as also
his employer to share this philosophy. [906H; 907C]

V ..P. Badami, etc. v. State of Mysore & Ors., (1976] 1 SCR 313;
M.G. Kadali v. State of Karnataka & Ors., (1982] 2 K.L ..J. 453; N.C.
Sharma v. Municipal Corporation of Delhi & Ors., (1983] 3 SCR 372; ·-i
B S. G. Jaisinghani v. Union of India & Ors., (1967] 2 SCR 703; Bishan
Sarup's case, (1973] Suppl SCR 491; Bachan Singh & Anr. v. Union of
India & Ors., (1972] 3 SCR 390; Sabraman's case, (1972] 2 SCR 979;
Col. A.S. Iyer & Ors. v. V. Balasubramanyam & Ors., (1980] 1 SCR

C
1036; P.S. Saha/ & Ors. v. Union of India, (1983] 2 SCR 165; A.
Janardhana v. Union of India & Ors., (1983] 2 SCR 165; S.S. Lamba
and Ors. v. Union of India and Ors., (1985] 3 SCR 431; G.P. Doval
-
and Ors. v. Chief Secretary, Government of UP and Ors., [1983] 1 SCR
70; O.P. SinglaandAnr., etc. v. UnionofindiaandOrs., [1985] lSCR
351; D.S. Nakara and Ors. v. Union of India, [1983] 2 SCR 165; N.K.
Chandan & Ors. v. State of Gujarat, (1977] l SCR 1037; Karam Pal v.
Union of India, [1985] 3 SCR 271 and Dr. T. C. Siddapparadhya &
D Ors., (1971] 1 SCR568, referred to.

ORIGINAL/APPELLATE JURISDICTION: Writ Petition
(Civil) No. 811 of 1986 etc. etc.

(Under Article 32 of the Constitution oflndia).
E {_
F.S. Nariman, G.L. Sanghi, S.N. Kacker, R.C. Kaushik, D.K.
Garg, Mohan Katarki, S.S. Javali, Ravi P. Wadhwani, C.S. Vaidya-
nathan, K.V. Mohan, S. Ravindra Bhatt, P. Chowdhry, S.R. Setia
and Mukul Mudgal for the Petitioner/Appellant.

F G. Ramaswamy, Additional Solicitor General, B.R.L. Iyengar,
M. Veerappa and Ashok Sharma for the Respondents.

The Judgment of the Court was delivered by

RANGANATH MISRA, J. The obstinate problem of inter se ~
G seniority, this time amongst officers in the Kamataka Administrative
Service has fallen for determination in this group of appeals by special
leave and writ petitions under Article 32 of the Constitution at the
instance of both direct recruits and promotees.

It is not disputed that under the relevant Recruitment Rules of
H 1957 in regard to Class I Junior Scale posts there was a quota system-
G. BIHIMAPPA v. KARNATAKA (MISRA, J.l 889

two-thirds of the vacancies had to be filled up by promotion by selec- A
lion from Class II Officers and the remaining one-third by direct
recruitment by competitive examination to be held by the Public
Service Commission. When direct recruitment had not been made
timely as envisaged by the scheme in the Rules officiating promotions
)- were given in respect of posts covered by the direct recruit quota. Such
temporary promotions remained effective for a number of years some- B
,~ times varying between 5 and 8-and later when the vacancies within
I the direct recruitment quota were filled up, the appointments made in
latter years were deemed to carry weightage for seniority on the foot-
ing of deemed filling up when vacancies had arisen. Thus the dispute as
- to seniority inter se between those who had manned the promotional
posts beyond the ::' 3rds limit and the direct recruits subsequently
c
appointed has come for judicial determination.

A three-Judge Bench of this Court in V. P. Badami etc. v. State of
Mysore & Ors., [ 1976] 1 SCR 315 dealt with a situation of this type
with reference to the same set of Rules. A similar dispute came before
the Karnataka High Court in a bunch of writ petitions filed both by D
promotees and direct recruits and in view of common questions of fact
and law involved therein, the High Court disposed them by a common
leading judgment in the case of M.G. Kadali v. State of Karnataka &
Ors., [ 1982] 2 KLJ 453. The High Court noticed the ratio in Badami'.v
case and found that with a view to implementing the rule in Badami' s
_,.... case, the State Government issued an official memorandum on E
5.7.1976, laying down guidelines for determination of seniority bet-
' ween the direct recruits and promotees. The Gradation List of Junior
Scale officers as on 30.6.1973 was drawn up following such guideline
and was notified on 10.8. 1976 with the following explanatory cover
note:
F
(i) Between 2. 12.1957 and 10.9, 1959, the number of substantive
vacancies were thirty-nine and of those, twenty-six were promo-
tional and thirteen were the share of direct recruits. The first
fifteen of the promotional posts were given to allottees and the
remaining eleven to promotees. In the absence of direct recruit-
ment, these thirteen posts were carried forward; G

(ii) Between 11.9.1959 and 26.10.1964 (when 1962 direct rec-
ruits became due for promotion), the vacancies were seventy-six,
of which fiftyone were available for direct recruits and twentyfive
for promotees in view of the change in the proportion in the 1959
Rules. Twentythree substantive vacancies were given to direct H
890 SUPREME COURT REPORTS [1987] 3 S.C.R.

A recruits of 1962. The net result, therefore, was 13 direct recruit
posts of the earlier period and twentyeight of this period were
carried forward;

(iii) After October 1964, the vacancies were classified on annual

t
~asis. AUpto t'.. lOd. 197 1: sixfty vacancdies were filled up by promh od- ~
B ton. s no tee ear11er ortyone Irect recruits vacanctes a
been carried forward and thirtyfive fresh vacancies were avail- f',
able to direct recruits. Eleven vacancies were filled up by direct
recruitment and sixtyfive were carried forward.

By a latter notification dated 2.2.1971, when a further gradation
C list was published, the following explanatory note was added:
-
"(i) During the period 7.6.1974 to 15.7.76 (when direct
recruits of 1974 were eligible for confirmation), eleven sub-
stantive vacancies were available on the basis of the perma-
nent strength of the cadre;
D
(ii) Out of one hundred and thirtythree temporary posts
available'during that period, eightynine posts were assig-
ned to promotees. The direct recruitment vacancies carried
forward from the earlier period. The recruits of the 1964
batch were assigned ranks taking into account the direct
E recruitment vacancies carried forward for the previous
period."

On a representation by the 1974 batch of direct recruits for
refixation of inter se seniority in the Gradation List taking into account y·
only the permanent posts in the cadre and by taking into account the
F carried forward vacancies, the State Government made an order on
22.5.1980, to the effect that the 1974 batch of direct recruits should be
shown immediately below serial number 64 and above serial number
65 in the continuation Gradation List published on 2.2.1977.

Certain promotees being aggrieved hy this Governmental direc- ../
G tion approached the High Court under Article 226 for relief claiming -
protection of their seniority. The High Court classified their conten-
tions into the following five:

(i) The only basis for determination of inter se seniority of offi-
cers in a cadre-whether by promotion or direct recruitment-
H should be the date of entry into the cadre and the quota rule is
G. BIHIMAPPA v. KARNATAKA [MISRA, J.] 891

not available to be used for pushing up or down officers of the A
cadre;

(ii) Even ff there be any 'carry forward' it should not extend
beyond three years;

(iii) Quota rule should be applied taking into account both sub- B
stantive as well as temporary vacancies in the cadre;

(iv) The quota rule did no longer operate in regard to the junior
scale officers when the 1959 rules became operative; at any rate
it was clearly so when the 1966 Rules came into force, and

(
(v) The impugned Government order of 1980 was invalid and
c
liable to be quashed on several grounds, one of them being that it
was made without providing an opportunity to the promotees
who were adversely affected by it .

.J, The High Court analysed the judgment of this Court in Badami's case D
and also referred to, and relied upon, the observations in Col. Iyer's
case and with reference to the issues catalogued above came to the
conclusion as stated below in its own words:

(i) "If promotions have taken place in excess of the quota for
promotion, pushing down the promotees promoted in excess of E
their quota or if direct recruitment was done in excess of the
quota for direct recruitment, pushing down direct recruits
appointed in excess of their quota in a necessary concomitant of
the quota rule. Carrying forward of direct recruitment vacancies

i or promotional vacancies to the next recruitment period is
merely the consequence of such pushing down. (What was
perhaps intended to be said was that pushing down was the direct
outcome of the mandate to carry forward) we are unable to
accept the contention of learned counsel for the promotee-
F

petitioners that there should be no such pushing down or such
carryforward."
G
(ii) "In the light of the above ruling of the Supreme Court, it
must be held that carry forward of direct recruitment vacancies
cannot extend beyond three years. However, this ruling of the
Supreme Court (In A.S. Iyer's case) does not affect the finality
and binding character of the earlier judgment of the Supreme
Court in Badami's case which specifically dealt with the Grada- H
892 SUPREME COURT REPORTS [1987] 3 S.C.R.
~
A tion List of Junior Scale officers as on 1.1.1972, and gave direc-
tion as to how a fresh Gradation List should be prepared. Those
directions are bound to be obeyed while preparing such Grada-
tion List of officers who entered that cadre upto l. !. 1972 without
any limitation as to the period upto which promotional or direct
recruitment vacancies should be carried forward to the next re .. -i
B cruitment period. But such carry forward cannot exceed three
years after 1.1.1972." '
1
(iii) "The above ruling of the Supreme Court (Badami's case) is
binding on all courts under Article 141 of the Constitution. It is
not open to us to speculate what would have been the conclusion
c of the Supreme Court if it had known the correct factual position
that the cadre of Junior Scale officers consisted both of perma-
,.
nent and temporary posts. That the promotee-petitioners in the
present writ petitions were not parties to Badami's case, in no
way detracts from the binding character of the law declared by
the Supreme Court."
D ,!..-
(iv) "Hence, we reject the contention that 1959 Rules abrogated
the quota rule in regard to recruitment to the cadre of Junior
Scale officers ...... We, therefore, reject the contentions of
learned counsel for promotee-petitioriers that after the 1966
Rules came into force, the quota rule ceased to apply to the
E recruitment to the cadre of Junior Scale officers and that there-
after the date of entry into the cadre, whether by direct recrnit-
-\
mentor by promotion, became the only basis for determining the
seniority in that cadre."

( v) "The High Court examined the mdividual cases of both the
F groups and finally directed dismissal of Kadali's (or promotee)
writ application as also of the direct recruits of 1976 and 1977. It
further quashed the Government order dated 22.5. 1980 by which
certain modifications were made in the Gradation List of 1976
and called upon the State Government to make appropriate
alterations in the Gradation List of 10.8.1976 and the continua~-
G tion list of 2.2.1977 on the basis that the carry forward rule
should operate for a maximum period of three years subsequent
to 1.1. 1972."

We have before us a batch of appeals by special leave and two writ
petitions under Article 32. Both the writ petitions are by direct
H recruits; Civil Appeal Nos. 2906 and 2910 and 2911 of 1984 are by
G. BIHIMAPPA v. KARNATAKA [MISRA, J.] 893
~
t- promotees while Civil Appeal Nos. 2902 to 2905 to 2907 to 2909' of A
1984 are by direct recruits. The promotees challenge the propriety of
the direction of the High Court to modify the Gradation List by apply-
ing the quota rule while the direct recruits seek to have full application
of the quota rule instead of the limitation of three years and have
asked for consequential benefits.
>- B
This group of cases has been heard at great length and learned
~ counsel for the parties have produced a lot of papers. On looking into
the matter objectively in the backdrop of Badami's decision we are of

- '-..,!
the view that if the following aspects are answered all that arose for
judicial determination would be appropriately met. Those aspects are:

(i) What is the effect of the quota rule in the matter of fixation of
c
inter se seniority in the Gradation List so far as recruits from
different sources are concerned?

(ii) Though admittedly in 1957 under the relevant rule, a quota
existed, was that basis altered or given up during the relevant D
' "'- period?

(iii) What is the effect of this Court's judgment in Badami's
case? Was the High Court correct in observing that this Court
would not have come to the conclusion that quota was confined

.. )'-
to substantive vacancies only if the true state of facts was known?

(iv) What is the effect of the observation in Iyer's case and does
E

it super_sede the rule in Badami's case?
'r (v) Does the situation highlighted in this case require any other
direction? F

It is a well-settled position in law that where recruitment is from
two sources to a service, a quota rule can be applied fixing the limits of
recruitment from the two sources. (H.C. Shanna v. Municipal Cor-
;i·"- ·... poration of Delhi & Ors., [1983) 3 SCR 372 .
G
..:Y FIRST ASPECT

In S.G. Jaisinghani v. Union of India & Ors., [1987) 2 SCR 703 a
Constitution Bench of this Court observed:-

"The Solicitor-General on behalf of respondents l, 2 H
894 SUPREME COURT REPORTS [1987] 3 S.C.R.
1 .
A and 3 submitted that the quota rule was merely an adminis··
trative direction to determine recruitment from two diffe ..
rent sources in the proportion stated in the rule and a
breach of that quota rule was not a justiciable issue. The
Solicitor-General said that there was, however, substantial
compliance with the quota rule ............ We are un- -;_
B able to accept the argument of the Solicitor-General that
tihe quotad~ule wdas not 1Regally binf dhingion the GTovemff~ent. ~
t 1s not 1spute th~t u1e 4 o t e ncome ax 0 1cers
(Class I, Grade II) Service Recruitment Rules is a statutory
rule and there is a statutory duty cast on the Government
under this rule to determine the method or methods to be -
employed for the purpose of filling the vacancies and the
c number of candidates to be recruited by each method. In y
the letter of the Government of India dated October 18,
1951 there is no specific reference to rule 4, but the quota
fixed in their letter must be deemed to have been fixed by
the Government of India in exercise of the statutory power
D given under rule 4, it is not now open to the Government of ~,
India to say that it is not incumbent upon it to follow the
quota for each year and it is open to it to alter the quota on
account of the particular situation. We are of opinion that
having fixed the quota in exercise of their power under rule
4 between the two sources of recruitment, there is no dis-
E cretion left with the Government of India to alter that
quota according to the exigencies of the situation or to --\ ...
deviate from the quota, in any particular year, act its own
will and pleasure. As we have already indic~ed, the quota
rule is linked up with the seniority rule and unless the quota y
rule is strictly observed in practice, it will be difficult to
F hold that the seniority rule i.e., rule l(f)(iii) and (iv), is not
unreasonable and does not offend Article 16 of the
Constitution.''

In Badami's case (supra) this aspect was examined by the Court. The
learned Chief Justice spoke for the three-Judge Bench thus:-
G
"In working out the quota rule, these principles are
generally followed. First, where rules prescribe quota
between direct recruits and promotees, confirmation or
substantive appointment can only be in respect of clear
vacancies in the permanent strength of the cadre. Second,
H confirmed persons are senior to those who are officiating.
G. BIHIMAPPA v. KARNATAKA [MISRA, J.J 895
' }-
Third, as between persons appointed in officiating capa- A
city, seniority is to be counted on the length of continuous
service. Fourth, direct recruitment is possible only by com-
petitive examination which is the prescribed procedure
under the rules. In promotional vacancies, the promotion is
either by selection or on the principle of seniority-cum-
>- merit. A promotion could be made in respect of a tempor- B

• ary post or !or a specified period but a direct recruitment
has generally to be made only in respect of clear permanent
vacancy either existing or anticipated to arise at or about
period of probation is expected to be completed. Fifth, if
promotions are made to vacancies in excess of the promo-
tional quota, the promotions may not be totally illegal but
'y would be irregular. The promotees cannot claim any right
c
to hold the promotional posts unless the vacancies fall
within their quota. If the promotees occupy any vacancies
which are within the quota of direct recruits, when direct
recruitment takes place, the direct recruits will occupy the
~.~ vacancies within their quota. Promotees who were occupy- D
ing the vacancies within the quota of direct recruits will

~
either be reverted or they will be absorbed in the vacancies
within their quota in the facts and circumstances of a case.

The important principle is that as long as the quota
rule remains neither promotees can be allotted to any of E
)'-
• the substantive vacancies of the quota of direct recruits nor
recruits can be allotted to promotional vacancies. The
result is that direct recruitment vacancies between 11th
'"1' September, 1959 and 26th October, 1964 cannot be occu-
pied by any promotees. The fact that direct recruits were
confirmed on c8th October, 1964 will not rob the direct F
recruits of their quota which remained unfilled from 2nd
December, 1957 ............ In S.C. Jaisinghani v. Union
of India (supra) it was said that when the quota was fixed
for the two sources of recruitments, the quota could not be
altered according to exigencies of the situation. It was held
~y there that the promotees who had been promoted in excess G
of the prescribed quota should be held to have been illeg-
ally promoted. In Bishan Sarup's case [1978] SCR Suppl.
491 it was held that when it was ascertained that not more
than I/3rd of the vacancies were to go to the promotees ·and
the rest to the direct recruits the ratio was not mere
dependant on whether any direct recruit was appointed in H
896 SUPREME COURT REPORTS [ 1987] 3 S.C.R.

A any particular year or not. The promotees were entitled to
1!3rd of the vacancies in any particular year, whether or
not there was direct recruitment by competitive examina ..
tion in that year.

Two principles are established in the decision refereed ..{
B to. One is that quotas which are fixed are unalterable
according to exigencies of situation. Quotas which are fixed 111
can only be altered by fresh determination of quotas under
the relevant rules. The other is that on the ground one
group cannot claim the quota fixed for the other group
either on the ground that the quotas are not filled up or on
c the ground that because there has been a number in excess
of quota the same should be absorbed depriving the other Y
group of quota.

Jn Bachan Singh & Anr. v. Union of India & Ors.,
[ 1972] 3 SCR 390 the two appellants were promoted in the
D year 1958 and 1959. The respondents were appointed by
direct recruitment in 1962, 1963 and 1964. The respondents
were confirmed in their posts before the appellants. The
appellants contended that the respondents who were
directly appointed after the appellants had been promoted
were not to be confirmed in permanent posts before the
E appellants. It was held that the direct recruits were con-
firmed against permanent vacancies within their quota.
The earlier confirmation of direct recruits though appoin-
ted later was upheld on the ground that they fell within
their quota of permanent vacancies. y
F Subraman's case [ 1975] 2 SCR 979 on which the
appellants relied also held that each quota would have to
be worked independently on its own force. In that case the
Assistant Executive Engineers who were initially entitled
to 3/4th and subsequently to 2/3rd of the vacancies while
Assistant Engineers who were entitled initially to 1/4th and
G subsequently to l/3rd of such vacancies were held to be
entitled to their respective quotas independent of the fact
that whether any person from one class or the other was
promoted or not. It was illustrated by saying that if there
were three vacancies in a year two would go to the
Assistant Executive Engineers and one would go to the
H Assistant Engineers and even if there were not eligible
G. BIHIMAPPA v. KARNATAKA [MISRA, J.) 897

Assistant Executive Engineers who could be promoted to A
fill in two vacancies belonging to their quota, one vacancy
is to be filled up by promotion of an Assistant Engineer if
he was eligible. Similarly, if two vacancies belonging to the
quota of Assistant Executive Engineers are to be filled by
Assistant Engineers for want of availability of eligible
Assistant Executive Engineers, the appointment of Assis- B
·tant Executive Engineers have to be pushed down to later
years when their appointment could be regularised as a
result of absorption in their lawful quota for those years."

- Badami's case referred to several authorities of the Court and
clearly drew out the judicial consensus on the point in issue by con-
eluding that the quota rule had to be strictly enforced and it was not
C

open to the authorities to meddle with it on the ground of administra-
tive exigencies.

The scheme in force relating to the services for fixing inter se
seniority takes into account the filling-up of the vacancies in the D
service from the two sources on the basis of the quota and, therefore,
fixation of inter se seniority in the Gradation List has to be worked out
on the basis of quota.

SEGOND ASPECT
E
There was no dispute either before the High Court or before us
that in the 1957 Rules there existed a quota for filling-up vacancies in
the Class I Junior Scale posts. The High Court found that the quota
continued throughout during the relevant period. Before us Mr. Nari-
man supported that finding while Mr. Kacker maintained that the
quota had in later years been given up. Rule 3 of Mysore Recruitment F
of Gazetted Probationers Rules, 1959 made the following provisions:

"(1) The provisions of these rules shall be applicable in
respect of direct recruitment to the cadres in State Civil
Services Class I and Class II specified in column 3 of the
Schedule to these rules relating to the Services specified in G
the corresponding entries of Column 2 of the said
Schedule.

(2) These rules shall have effect notwithstanding anything
contrary contained (i) in the Cadre and Recruitment Rules
for the time being in force applicable to the Cadres in the H
898 SUPREME COURT REPORTS [1987] 3 S.C.R.

A State Civil Services referred to in sub-rule (i) and (ii) in the
Mysore State Civil Service (General Recruitment) Rules,
1957.

(3) During the period of five years from the date of com-
mencement of these rules, as nearly as may be two-thirds of "'
B
the number of vacancies arising in the cadres in the State
Civil Services referred in to in sub-rule (i) shall be filled by r~ ,
appointment of candidates hereinafter in these rules refer-
red to as probationers selected in accordance with the pro-
visions of these rules and the actual number of vacancies to
be so filled shall be determined by the Government." -
c
Admittedly these rules related only to direct recruitment and as it Y
appears, in sub-rule (3) remained in force for five years (said to have
been extended for one more year); with the lapse of a total period of
six years from the date when these rules came into force, they cease to
D have effect. In 1966 rules were made under the proviso to Article 309
known as the Karnataka Government Gazetted Probationers Posts ~··· •
(Appointment by Competitive Examination) Rules, 1966 and sub-rule
(3) of Rule 3 thereof provided inter alia:

"That notwithstanding anything contrary in the rules of
recruitment to the Karnataka Administrative Service the
E number of vacancies as determined by the Government in
that service should be filled by direct recruitment after
holding a competitive examination by the Commission."

On the 11th of August, 1977, the Karnataka Administrative Y
F Service (Recruitment) (Amendment) Rules, 1977 came into force:.
Rule 2 thereof provided:

"Amendment to Schedule:-In the Schedule to the Kar-
nataka Administrative Service (Recruitment) Rules, 1957
for the entries at the Item (b) the following entries shall be
subsituted, namely:-
G

1 2 3

(b) All Class I (i) 50% of vacancies to be For promotion; Class II
H (Junior Scale) filled by promotion Officers must have
G. BIHIMAPPA v. KARNATAKA [MISRA. J.] 899

Posts. from Class II Officers; worked for at least a A
and period of four years
(ii) 50% by Direct including the period of
Recruitment in accor- officiation or probation
dance with the Karnataka
Recruitment of Gazetted
Probationers (Appoint- B
ment etc.) Rules, 1966.

Unless the 1957 Rules remained in force till 1977, there would have
been really no necessity to refer to them for the purpose of amend-
ment. Badami's case did proceed on the footing that the quota system
in the Recruitment Rules continued till 1971-72. It is not Mr. Kacker's C
case that anything happened after 1972 which brought about dissolu-
tion of the quota. We reject the contention of Mr. Kacker that the
quota system had been abandoned and confirm the finding of the High
Court in that regard. It is, however, a fact that the ratio has been
changed from time to time.
D
THIRD ASPECT

As already pointed out, Badami's case was concerned with these
very rules and a similar situation though for a different period. It is a
decision of a three-Judge Bench and we proceed on the footing that it
is binding on us. The High Court has pointed out in the leading judg- E
ment in Kadali's case:-

"There are numerous Government orders sanctioning,
from time to time, temporary posts of Assistant Commis-
sioner which are the same as the posts of Junior Scale
Officers and extending the tenure of those temporary posts F
from time to time .......................... Though
the Karnataka Administrative Service Cadre Rules men-
tion of only permanent posts and not temporary posts in
the cadre of Junior Scale Officers, the material produced
before us clearly establishes that the cadre of Junior Scale
Officers consisted of a considerable number of temporary G
posts at all material times. In para 6 of the statement of
objections filed on behalf of the State in these petitions, the
State has admitted thus:-

"The cadre strength of KAS Class I Junior Scale
Officers had itself undergone revision and figures H
900 SUPREME COURT REPORTS [1987] 3 S.C.R.

A showed that 152 permanent posts and 133 temporary
posts were available as is clear from the notification
No. GAD 590 SMC 74dated 3.3.1976."

However learned counsel for direct recruits on the follow-
ing observations of the Supreme Gour! in Badami's case at
a page 1564 of the report:-

"In E.P. Royappa v. State of Tamil Nadu, (1974] 2
SCR 348 this Court said on the construction of Rule 2
of the relevant Cadre Rules in that case that the State
Government might add for a period to the cadre one
c or more posts. But, the posts so added could not be-
come cadre posts. The temporary posts which are
created due to exigencies of the service are posts
which are outside the Cadre."

From the above observations, it would appear that the
D Supreme Court took the view that temporary posts which
were created due to exigencies of service, were posts which
were outside the cadre. In other words, the Supreme Court
seems to have thought that temporary posts added to the
cadre were ex-cadre posts. The attention of the Supreme
Court does not appear to have been drawn to Note 2 to R
E 49 of the KCSR which classifies temporary posts into two
categories, namely, posts created to perform the ordinary
work for which permanent posts already exist in the cadre,
and isolated posts created for the performance of special
task unconnected with the ordinary work which a service is
called upon to perform."
F
The conclusion indicated in the decision of the learned Chief
Justice of this Court in Badami's case had been supported by reasons.
As it would appear at page 819 of the Reports, this aspect was raised as
the first of the six contentions formulated for consideration of the
Court. Keeping the facts of the case in the background, three reasons , ./'•
G were indicated in the judgment for the conclusion that quota covered
permanent posts. Reference was made to certain decisions of this
Court as alse>fo Rule 9 of the Probation Rules of 1959. It was held that
Rule 9 establishes the exclusion of temporary posts from the cadre.
Royappa's case (supra) was relied upon for the same conclusion by
saying that posts temporarily added to the cadre by exercise of power
H under a permissive rule would not become cadre posts and temporary
G. BIHIMAPPA v. KARNATAKA [MISRA, J.) 901
}-
posts created due to exigencies of the service should be treated as posts
A
outside the cadre. The High Court in the judgment in Kadali's case
relied ution Note 2 of Rule 49 of the KCSR and thought that this Court
was not properly informed of the factual situation when in Badami's
case it said that temporary posts were not to be taken into considera-
~ tion for the purpose of working out the quota. The note to Rule 49 has
indeed no bearing on the point and we are of the view that there was B
~ really no justification for the doubt indicated by the High Court. Apart
from the fact that the conclusion of this Court in Badami's case on this
score is a binding authority on us, from an examination of the matter
we also reiterate that conclusion to be correct.

FOURTH ASPECT
c
The High Court in these cases has taken the view that the quota
could be carried forward for a maximum period of three years and not
beyond. This has been done by placing reliance on the Constitution
bench judgment of this Court in the case of Col. A.S. Iyer & Ors. v. V.
~ Balasubramanyam & Ors., [ 1980] I SCR !036. Krishna Iyer, J. speak- D
ing for the Court at page 1058 of the Reports stated:-

"The total number of vacancies at the DSS level for
each year shall be divided in the ratio of 2: 1 (50% for the
Army Corps and 25% for direct recruits). The 50%
reserved for the army corps shall be available to be filled by E
/ those candidate&. The 25% seats to be filled by direct re-
emits shall be filled only by such recruits. Even if enough
direct recruits are not available they will not be filled by the
army nominees but shall be kept vacant to be carried for-

J ward and filled in later years by such direct recruits. A
reasonable period for the carry forward scheme will be F
three years, not more. Likewise, military vacancies at the
DSS level each year shall be filled only by such nominees.
If enough such hands are not available, a similar procedure
of carry forward will govern. For the SS posts 25% belongs
to promotees from Class II officers. The total number will
'Y be worked out by adding all the posts of SS, Deputy G
Directors and Directors and Surveyor General and allot-
ting !/4th of it as the quota for Class II promotees for
appointment as SS. Such is the reasonable interpretation of
the rule."

The Court in that case had been called upon to decide the dispute of H
902 SUPREME COURT REPORTS [1987] 3 S.C.R

A seniority between the direct recruits and promotees within the civilian
quota in the Survey of India service. Survey of India (Recruitment)
Corps of Engineer Officers, Rules, 1950 came for consideratil'l'n of the
Court. The opinion expressed by this Court in the extracted paragraph
was with reference to the rules before the Court. The provisions as
indicated in the extracted paragraph were somewhat peculiar. After J...
B the quota was provided, there was a prohibition against filling up of
the vacancies in the respective quotas from other categories even when
suitable candidates were not available from within the reserved ,
sphere. This meant that the posts were allowed to go vacant even
though in public interest the same should have been filled up on
account of the bar in the rule. It is in that background that this Court
c indicated that a reasonable period for the carry-forward scheme would
be three years and at the end of the paragraph indicated that that y
would be a reasonable interpretation of that rule. Obviously nothing
of general application was intended to be said and this Court did not
certainly intend to lay down a time limit of general application. The
Mysore State Civil Service (General Recruitment) Rules, 1957 which
D admittedly applied to the services in question by Rule 17 provided:

"Notwithstanding anything contained in these rules or in
the rules of recruitment specially made in respect of any
service or post, the appointing authority may-

E (a) recruit by direct recruitment to a post reserved to -(
be filled by promotion when it is satisfied that the
person eligible to be considered for appointment by
promotion is not fit to be also appointed, or

(b) fill up by promotion any vacancy relating to a
F post which is required to be filled by direct recruit-
ment when su'Ch vacancy is not likely to last for more
than one year ................ "

In exercised of the powers conferred under this rule the appoint-
ments in excess of the quota limit appear to have been made. It is ._/·•
G conceded that every appointment to the promotional post made in
excess of the quota was at the commencement a temporary one. 111e
1957 Rules were substituted in 1977 by the Karnataka Civil Services
(General Recruitment) Rules, 1977. As far as relevant Rule 17 thereof
provides:

H "Notwithstanding anything contained in these rules or in
.} G. BIHIMAPPA v. KARNATAKA [MISRA, J.J 903

the rules of recruitment specially made in respect of any A
service or post, the appointing authority may-
(a) ................................................ .

(b)
B
(c) fill by promotion temporarily on the basis of seniority-
cum-merit a vacancy required to be filled by direct recruit-
ment where selection to the post has not been finally made
and there is likelihood of delay in making direct recruit-

- ment. No such promotion shall be made unless a requisition
has been sent to the Commission or to the appropriate re-
cruiting authority for selection of a suitable candidate. A C
candidate temporarily promoted under this sub-rule shall
not have any preferential claim for regular promotion and
also shall not count the period of service in the promoted
post for seniority; he shall revert to his original post on the
expiry of one year or on the appointment of a direct recruit
whichever is earlier ......................... " D

The scheme in the Rules of 1977 clearly indicates that the transgres-
sion of the quota rule was a deviation of a temporary nature and was
intended to be balanced in good time. The conclusion of Ray, C.J. is
fortified by the spirit of Rule 17 of the 1957 Rules as clarified in clause
(c) of that rule in 1977. The presence of such a rule in the field ex- E
cludes the application of the ratio of Col. lyer's case to the facts
hereof. We do not think the High Court was right in overlooking the
binding judgment of this Court in Badami's case and preferring to
apply the observations of Iyer, J in the latter decision made with
reference to a different set of rules containing a different scheme of
implementing quota. The rule on this aspect of Badami's case was F
quoted with approval by a two-Judge Bench of this Court in P.S.
Mahal & Ors. v. Union of India, [1984] 3 SCR 847.

A lot of argument was advanced at the Bar particularly on the
; y side of the promotees that serious prejudice was being caused to them
by enforcing the quota rule. Reliance was placed on a number of G
authorities of this Court beginning with the case of A. Janardhana v.
Union of India & Ors., [ 1983] 2 SCR 165; G.S. Lamba & Ors. v. Union
of India & Ors., [1985] 3 SCR 431; G.P. Doval & Ors. v. Chief Secret-
ary, Government of U.P. & Ors, [1985] l SCR 70; O.P. Singla & Anr.
etc. v. Union of India & Ors., [1985] 1 SCR 351 and D.S. Nakara &
Ors. v. Union of India, [1983]2SCR 165. H
904 SUPREME COURT REPORTS (1987] 3 S.C.R.
•
A In Lamba's case (supra) the Court found that the promotion was
not styled as temporary or ad hoc or stop-gap; on the other hand, the
Court at page 459 of the judgment in the Reports referred to the case
of N. K. Chandan & Ors. v. State of Gujarat, ( 1977] 1 SCR 1037 where
on the basis of a power of relaxation the Court had held such promo-
tion to be regular. The Court further held: ~
B
"Once the promotees were promoted regularly to substan- .,,..._
tive vacancies even if temporary unless there was a chance
of their demotion to the lower cadre their continuous offici-

c
ation confers on them an advantage of being senior to the
later recruits under Rule 21( 4). If as stated earlier by the
enormous departure or by the power to relax, the quota
y
-
rule was not adhered to, the rota rule for inter se seniority
as prescribed in Section 25( l)(ii) cannot be given effect. In
the absence of any other valid principle of seniority it is
well-established that the continuous officiation in the cadre
grade of service will provide a valid principle of seniority
D ,,
....................... ~·~

This principle appears to have been followed in this Court in some
cases during the last two years or so. The exceptional circumstances
indicated in Lamba's case for supporting the departure in the judicial
opinion has been overlooked in some of these cases and the resultant
E benevolent approach to protect the promotees in their claim for
seniority has been accepted without considering the special circum-
stances in which the ratio had been inducted in support of the
-{ --
departure.

In a precedent-bound judicial system binding authorities have
F got to be respected and the procedure for developing the law has to be
one of evolution. It is not necessary for disposal of these matters
before us to go into that aspect except noticing the existence of distor-
tion in the field. The rationalisation of the view in a way known to law
is perhaps to be attempted some day in future. In the present batch of
cases the law being clear and particularly the mandate in the rule being
G that when recruitment takes place the promotee has to make room for Y•
the direct recruit, every promotee in such a situation would not be
entitled to claim any further benefit than the advantage of being in a
'promotional post not due to him but yet filled by him in the absence of
a direct recruit. One aspect which we consider relevant to bear in mind
is that the promoted officer has got the advantage of having been
H promoted before it became his due and is not being made to lose his
G. BIHIMAPPA v. KARNATAKA [MISRA. J.] 905

promotional position. The dispute is confined to one of seniority only.' A
The advantage received by the promotee before his chance opened
should be balanced against his forfeiture of claim to seniority. If the
matter is looked at from that angle there would be no scope for heart-
burning or at any rate dissatisfaction is expected to be reduced so far as
the promotees are concerned.
,.\.. B

, LAST ASPECT

In Karam Pal v. Union of India, (1985] 3 SCR 271 a three-Judge
Bench of this Court to which one of us was a party indicated as
follows:- ·

c
"In a vast country such as ours, strong and independent
bureaucratic set up is indispensable. At the same time it is
equally necessary that the service from top to bottom must
be alive to the fact that it is its obligation to maintain
proper attitudes, discipline and duty-oriented working.
While it is the right of every person in the service set up to D
expect just and fair treatment in regard to his employment
frequent litigation between him and the State involving
countless other co-employees in the service in the battle is a
deviation from the right direction. It is true that very often
instances come to light where the grievance is genuine and
the treatment meted is unwarranted and uncalled for. E
Government in a democratic polity runs on impersonal
basis but on the cadinal code that everyone shall perform
his duty."

This Court further observed,
F
"There has been a phenomenal rise in service disputes in
the last three decades. It is time that serious attention is
devoted to discover the reason for it and take effective
steps to ensure curtailment thereof. Whether such litiga-
tions come before Courts or Tribunals is of no consequence
here. Frequent litigations between the States and its emp- G
Joyees ultimately affect the efficiency of service and bring
about indiscipline, Jack of loyalty and an attitude of in-
difference."

We are struck by the innumerable rules that have been framed within a
period of about thirty years to cover the field relating to constitution, H
906 SUPREME COURT REPORTS [1987] 3 S.C.R.

A recruitment and provision for other conditions of service. It is proper
that service rules should be simple making reasonable provision for
necessary aspects. While framing such rules, the relevant provisions of
the Constitution and laws in force have to be kept in view. There
should be no frequent alteration of the service rules through.
Exigencies of circumstances and unforeseen situations will certainly ~
B justify alterations. Those will be indeed rare occasions.

Experience shows that legal battles are fought in court betwee.n .,
government servants-whether individual pitched against individual
or group against group; this embitters relationship inter se and often
results in a switch over of attention from public duty to personal cause.
c Frequent litigations against the State or higher authorities in the
hierarchies of administration, wipe out reverance, loyalty and the y
sense of discipline and substitute those by anger, disrespect and
rancour. In the process fellow feeling is lost, the sense of brotherhood
vanishes. The net resultant of all is deprivation of the efficiency of the
bureaucratic community to serve the society. The undue growth of
D service litigation within these four decades of independence clearly ).- ,
calls for these observations. As and when, occasion has arisen the
Court has sought to draw the attention of the State as the employer as
also the Government servants to this aspect of the matter. This has
been done not with a view to subjecting any litigant to undue criticism
but with the fond hope that it would help the problem to receive
E adequate attention. We are surprised that the words spelt out in the """".
different judgments have fallen on deaf ears and created no stir. 't11
Thereby the most powerful wing in the administrative set up is gradu-
ally moving away from its designated path. We have come across cases
where officers have been in court litigating over service disputes for y
about twenty-five to thirty years of their career which would mean
F almost three-fourths of their service period. Wbat would be the con-
tribution of such officers to the public service can well be imagined.
Very often a public officer is forced into litigation as he gets no justice
in the hands of the superior. There are also several instances where an
officer drags the employer into litigation without a cause of action.
These are matters which must be taken into account without further
. .I ..
G loss of time and with fortitude so that the most effective wing o f the T
administration does not further lose its serviceability.

A public servant-whatever his status be-is in the position of a
trustee. Social power vests in him for the purpose of rendering service
to the community. Every public servant has to be cognizant to that
H obligation. Once the level of that consciousness grows up there is
G. BIHIMAPPA v. KARNATAKA (MISRA, J.l 907

bound to be a corresponding fall in the attitude to litigate over small
A
issues. What this Court said in the case of Dr. T. G. Siddapparadhya &
Ors., [197 l] l SCR 568 has to be borne in mind. These were the words
then said:-

"The canker of litigiousness has spread even to a sphere of
life where discipline should check ambition concerning B
personal preferment. A teacher is justified in taking legal
action when he feels that a stigma or punishment is un-
deserved but he is expected to bear with fortitude and

- reconcile himself to his lot suppressing disappointment
when he finds a co-worker raised to a position which he
himself aspired after ...
c
What applies to a teacher may perhaps well apply to everyone in
positions of social trust. It is for the privileged public servant as also
his employer to share this philosophy.

• "'( The net result of the discussion above requires that rule in D
Badami' s case has to be given full effect. The appeals and writ peti-
tions of the direct recruits have to succeed and those by the promotees
have to fail. We hope and trust that the State of Karnataka will not
demote anyone who has been in a promotional post for several years to
the Class II service as a consequence of this decision but the Gradation
) List has got to be adjusted to fit into the principles indicated in the E
"" judgment. No justification was shown to us as to why the State of
Karnataka failed to comply with its obligation of making recruitments
'-.,. in terms of the quota. Once the State frames rules they are binding on
" the State and like individuals the State has got to regulate its conduct
in accordance with the rules-nay, the State has to observe it all the
more. We hope and trust that the State of Karnataka in the years F
ahead will comply with the quota rule with regularity so that a litiga-
tion of this type may not arise again. If any party has to be directed for
payment of costs in this bunch of litigation it must be the State. We,
however, do not want to saddle the State with costs for two reasons-
• 'yfirstly, we do not want the employees to have a feeling that in_the fight
their employer has been vanquished and secondly we entertam a fond G
hope that there will be no reoccurrence.

In course of arguments we had suggested to learned counsel for ,
the parties to furnish recast Gradation List on the basis of claims
advanced before us-(!) showing how it would be when full claim of
the promotees is granted and (2) how different it would look when the H
908 SUPREME COURT REPORTS (1987] 3 S.C.R.

A total claim of the direct recruits is allowed. Such charts have been
prepared and furnished and we find that the process of pushing up and
down would be inevitable but would be within reasonable limits and no
irreparable prejudice was apparent.

B The appeals and writ petitions of the direct recruits are allowed, -\
and the appeal' by the promotees are dismissed. There shall be no
order for costs throughout. t-..,
S.L. Appeals and Petitions disposed of.

-
y