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Appointent by transfer

(Querist) 24 August 2012 This query is : Resolved 
Respectful Experts,
Recently, the Karnataka High Court, in a service matter, while upholding the findings of the tribunal, held that appointment by transfer from a compact cadre consisting of three different grades/posts with different pay scales solely on the ground of higher educational qualification offends Art.14 as it would be an attempt to make unequals equal. My contention is the state is at liberty to formulate such rules.
Facts: 1. Post of the principal has three modes of appointment.
(a) 1/3 by direct recruitment.
(b) 1/3 by promotion of training officers.
© 1/3 by transfer from training officers , Assistant Training Officers and Junior Training Officers (all with different pay scales) who possess engineering degree.

Will the experts stand by me?
Sudhir Kumar, Advocate (Expert) 24 August 2012
Persons recruited from different streams are to be interpolated by combing rotation.


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