Consequent on the judgement of the Supreme Court in V.B. Badami –vs- State of Karnataka, detailed instructions were issued in O.M. No. DPAR 48 SSR 75, dated 5th July 1976 (copy enclosed) laying down the guidelines to determine the seniority between the direct recruits and the promotes in the State Civil Services. Later, based on the judgement of the Karnataka High Court in Writ Petition No. 4614/76 and Writ Appeal No. 444/78 and also the orders in I.A. No. IV/81 in the case of Chikkabasavaiah-vs-State and other related judgements of the same court on the subject such as in W.P. No. 4871/80 etc filed by officers of the Karnataka Administrative Services further guidelines were issued in the Official Memoranda referred to at Sl.Nos. (2) to (6) above.
2. In its recent judgement in the case of Sri Gonal Bhimappa-Vs-State of Karnataka, the Supreme Court has reiterated the principles and the rule enunciated in its earlier decision in V.B. Badami-Vs-State of Karnataka. As a consequence of the latest judgement, Government are pleased to withdraw the instructions issued in Official Memoranda referred to at Sl.Nos. (2) to (6) above. It is hereby directed that, subject to the instructions in the foregoing paras, the classification of vacancies and the placement of persons in the seniority lists which may have been done so far in accordance with the instructions in the Official Memoranda at Sl.No. (2) to (6) referred to above, should be reviewed immediately and the classification and placement should be redrawn in accordance with the Official Memorandum dated 5th July 1976.
3. Where consequent on the revision of the seniority lists in accordance with the guidelines given in this Official Memorandum, it is found that any person promoted so far in excess of the promotion quota does not have a post to accommodate him and as a result a reversion is considered inevitable, such reversion shall not be ordered except with the specific authority or approval of the Government.
4. In any cadre or service in respect of which Appeals, Writ Petitions or Applications are pending in the Supreme Court or the High Court or the Administrative Tribunal such as in the Commercial Taxes Department and the Karnataka Government Secretariat for determining the seniority as between the direct recruits and the promotes, the guidelines issued in this Official Memorandum shall be applied, subject to modification, if any, in the light of the orders to be passed by the Courts or the Tribunal.
5. Secretaries to Government and Heads of Departments are requested to take immediate action to review and determine the seniority as between the direct recruits and the promotes in the various cadres coming under their purview following the guidelines given above. Such reviews should be made with the utmost urgency.