THE KARNATAKA DETERMINATION OF SENIORITY OF THE GOVERNMENT SERVANTS PROMOTED ON THE BASIS OF RESERVATION (TO THE POSTS IN THE CIVIL SERVICES OF THE STATE) ACT, 2002.

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THE KARNATAKA DETERMINATION OF SENIORITY OF THE GOVERNMENT 
SERVANTS PROMOTED ON THE BASIS OF RESERVATION (TO THE POSTS 

IN THE CIVIL SERVICES OF THE STATE) ACT, 2002. 
 

ARRANGEMENT OF SECTIONS 
 

Statement of Objects and Reasons: 
Sections: 
 

1. Short title and commencement 
2. Definitions 
3. Determination of seniority of the Government servants promoted on the 

basis of Reservation. 
4. Protection of consequential seniority already accorded from 27th April, 

1978 onwards. 
5. Power to make rules. 
6. Power to remove difficulties. 
7. Repeal and savings. 
8. Schedule. 

 
STATEMENT OF OBJECTS AND REASONS 

 
The Government of Karnataka has introduced the policy of reservation in 

promotion in favour of the Government Servants belonging to the Scheduled 
Castes and the Scheduled Tribes as per the Government Order No. DPAR 29 
SBC 77 dated 27-4-1978 (henceforth called, “Reservation Order”). 
 
 Paragraph 7  of the Reservation Order stipulates that the inter-se seniority 
amongst persons promoted in accordance with that order on any occasion has to 
be determined, in the manner provided in rule 4 or 4-A, as the case may be, of 
the Karnataka Government Servants (Seniority) Rules, 1957. 
 
 The  Supreme Court of India, in its Judgment dated                         1-12-
2000, in the case of M.G. Badappanavar and Another Versus State of Karnataka 
and others in Civil Appeal Nos. 6970-6971 of 2000 with Civil Appeal No. 6972 of 
2000 (AIR 2001 SC 260) while dealing with the issue of determination of seniority 
inter-se between the persons belonging to the reserved categories and the 
general category, in pursuance of the ratio of the decision of the Constitution 
Bench in Ajit Singh and Others (II) Vs State of Punjab and others-(1999) 7 SCC 



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209- has examined rule 2(c), rule 4 and rule 4-A of the Karnataka Government 
Servants’ (Seniority) Rules, 1957 and has observed that there is no specific rule 
therein permitting seniority to be counted in respect of a person promoted against 
a (reserved) roster point. 
 

While it is true that rules 2(c), 4 and 4A of the Karnataka Government 
Servants (Seniority) Rules, 1957 do not cover promotions made on the basis of 
roster, paragraph 7 of the Reservation Order introducing the policy of reservation 
in promotion stipulates the manner of determining the inter-se seniority amongst 
persons promoted on any occasion of promotion (on the basis of reservation).  
This provision is independent of the said rules contained in the Karnataka 
Government Servants (Seniority) Rules, 1957 as the Reservation Order is a self-
contained code regulating promotions on the basis of reservation. 
 

Subsequently, the Parliament has enacted the Constitution (Eighty Fifth 
Amendment) Act, 2001 with retrospective effect from 17-6-1995 providing for 
consequential seniority in the case of promotion on the basis of reservation. 

 
Therefore, it is considered necessary to remove any ambiguity and to 

clarify that the Government Servants belonging to the Scheduled Castes and the 
Scheduled Tribes promoted in accordance with the policy of reservation in 
promotion contained in  the Reservation Order shall be entitled to seniority as it is 
available to the Government Servants belonging to the other categories. 

 
Since the matter was urgent and the Karnataka Legislative Council was 

not in session, the Karnataka Determination of Seniority of the Government 
Servants Promoted on the basis of Reservation (to the posts in the civil services 
of the State) Ordinance, 2002 (Karnataka Ordinance 2 of 2002) and The 
Karnataka Determination of Seniority of the Government Servants Promoted on 
the basis of Reservation (to the posts in the civil services of the State) 
(Amendment) Ordinance, 2002. (Karnataka Ordinance 3 of 2002) were 
promulgated to achieve the above object. 

This Bill seeks to replace the said Ordinances. 
Hence the Bill. 
 



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KARNATAKA ACT 10 of 2002 
(First published in the Karnataka Gazette Extraordinary of the fourteenth day of 

August 2002) 
 
THE KARNATAKA DETERMINATION OF SENIORITY OF THE GOVERNMENT 
SERVANTS PROMOTED ON THE BASIS OF RESERVATION (TO THE POSTS 

IN THE CIVIL SERVICES OF THE STATE) ACT, 2002. 
 

(Received the Assent of the Governor on the twelfth day of August 2002) 
 

An Act for Determination of Seniority of the Government Servants 
Promoted on the Basis of Reservation to the Posts in the Civil Services of the 
State: 

 
Whereas the Government of Karnataka has introduced the policy of 

reservation in promotion in favour of the Government Servants belonging to the 
Scheduled Castes and the Scheduled Tribes as per the Government Order No. 
DPAR 29 SBC 77 dated 27.4.1978. 
 

Whereas paragraph 7 of the Reservation Order stipulates that the inter-se 
seniority amongst persons promoted in accordance with that order on any 
occasion has to be determined, in the manner provided in rule 4 or 4-A, as the 
case may be, of the Karnataka Government Servants (Seniority) Rules, 1957. 

 
Whereas the Supreme Court of India, in its Judgment dated 1 -12-2000, in 

the case of M.G. Badappanavar and Another Versus State of Karnataka and 
others in Civil Appeal Nos. 6970-6971 of 2000 with Civil Appeal No. 6972 of 2000 
(AIR 2001 SC 260) while dealing with the issue of determination of seniority inter-
se between the persons belonging to the reserved categories and the general 
category, in pursuance of the ratio of the decision of the Constitution Bench in Ajit 
Singh and Others (II) Vs State of Punjab and others-(1999) 7 SCC 209 has 
examined rule 2(c), rule 4 and rule 4-A of the Karnataka Government Servants’ 
(Seniority) Rules, 1957 and has observed that there is no specific rule therein 
permitting seniority to be counted in respect of a person promoted against a 
(reserved) roster point. 
 

Whereas while it is true that rules 2(c), 4 and 4A of the Karnataka 
Government Servants (Seniority) Rules, 1957 do not specifically provide for 
giving seniority in respect of promotions made on the basis of roster, paragraph 7 
of the Reservation Order introducing the policy of reservation in promotion 
stipulates the manner of determining the inter-se seniority amongst persons 
promoted on any occasion of promotion (on the basis of reservation). 

This provision is independent of the said rules contained in the Karnataka 
Government Servants (Seniority) Rules, 1957 as the Reservation Order is a self-
contained code regulating promotions on the basis of reservation. 
 



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Whereas subsequently, the Parliament has enacted the Constitution 
(Eighty Fifth Amendment) Act, 2001 with retrospective effect from 17-6-1995 
providing for consequential seniority in the case of promotion on the basis of 
reservation. 
 

Therefore, it is considered necessary to remove any ambiguity and to 
clarify that the Government Servants belonging to the Scheduled Castes and the 
Scheduled Tribes promoted in accordance with the policy of reservation in 
promotion contained in the Reservation Order shall be entitled to seniority as it is 
available to the Government Servants belonging to the other categories. 

 
Be it enacted by the Karnataka State Legislature in the fifty third year of 

the Republic of India, as follows:- 
 
1. Short title and commencement.- (1) This Act may be called the 

Karnataka Determination of Seniority of the Government Servants Promoted on 
the basis of Reservation (to the posts in the civil services of the State) Act, 2002. 
 

(2) It shall be deemed to have come into force on the Seventeenth day of 
June 1995. 
 

2. Definitions. - In this Act unless the context otherwise requires,- 
 
(a) “Government” means the Government of Karnataka. 
(b) “Government Servant” means a person who is a member of the Civil 

Services of the State of Karnataka or who holds a Civil post in connection with 
the affairs of the State of Karnataka and includes any person whose services are 
temporarily placed at the disposal of the Government of India, the Government of 
another State, a local authority, any person or persons whether incorporated or 
not. 

(c) “Reservation Order” means the Government Order No. DPAR 29 SBC 
77 dated 27 th April 1978 containing the policy of reservation in promotion, as 
modified from time to time. 
 

3. Determination of Seniority of the Government Servants Promoted 
on the basis of Reservation.- Notwithstanding anything contained in any other 
law for the time being in force, the Government Servants belonging to the 
Scheduled Castes and the Scheduled Tribes promoted in accordance with the 
policy of reservation in promotion provided for in the Reservation Order shall be 
entitled to consequential seniority. Seniority shall be determined on the basis of 
the length of service in a cadre. 

 
Provided that the seniority inter-se of the Government Servants belonging 

to the Scheduled Castes and the Scheduled Tribes as well as those belonging to 
the unreserved category, promoted to a cadre, at the same time by a common 



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order, shall be determined on the basis of their seniority inter-se, in the lower 
cadre. 

 
Provided further that where the posts in a cadre, according to the rules of 
recruitment applicable to them are required to be filled by promotion from two or 
more lower cadres,- 
 

(i) The number of vacancies available in the promotional (higher) cadre for 
each of the lower cadres according to the rules of recruitment applicable to it 
shall be calculated; and 
 

(ii) The roster shall be applied separately to the number of vacancies so 
calculated in respect of each of those lower cadres; 
 

Provided also that the serial numbers of the roster points specified in the 
Reservation Order are intended only to facilitate calculation of the number of 
vacancies reserved for promotion at a time and such roster points are not 
intended to determine inter-se seniority of the Government Servants belonging to 
the Scheduled Castes and the Scheduled Tribes vis-a-vis the Government 
Servants belonging to the unreserved category promoted at the same time and 
such inter-se seniority shall be determined by their seniority inter-se in the cadre 
from which they are promoted, as illustrated in the Schedule appended to this 
Act. 
 

4. Protection of consequential seniority already accorded from 27th 
April, 1978, onwards.- Notwithstanding anything contained in this Act or any 
other law for the time being in force, the consequential seniority already accorded 
to the Government servants belonging to the Scheduled Castes and the 
Scheduled Tribes who were promoted in accordance with the policy of 
reservation in promotion provided for in the Reservation Order with effect from 
the Twenty Seventh Day of April, Nineteen Hundred and Seventy Eight shall be 
valid and shall be protected and shall not be disturbed. 

 
5. Power to make rules.- (1) The State Government, if it deems 

necessary, may by notification make rules to carry out the purposes of this Act. 
 
(2) Every rule made under this Act shall be laid as soon as may be after it 

is made before each House of the State Legislature, while it is in session for a 
total period of thirty days, which may be comprised in one session or in two or 
more successive sessions, and if before the expiry of the session, immediately 
following the session or the successive sessions aforesaid, both Houses agree  
in making any modification in the rule or both Houses agree that the rule should 
not be made the rule shall thereafter have effect only in such modified form or be 
of no effect, as the case may be, so however that any such modification or 
annulment shall be without prejudice to the validity of anything previously done 
under that rule. 



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6. Power to remove difficulties.- (1) If any difficulty arises in giving effect 
to the provisions of this Act, the Government may by order published in the 
official Gazette, make provisions not inconsistent with the provisions of this Act 
as appear to it be necessary or expedient for removing the difficulty: 

 
Provided that no such order shall be made after the expiry of a period of 

two years from the date of commencement of this Act. 
 
(2) Every order made under this section shall as soon as may be after it is 

made, be laid before each House of the State Legislature. 
 
7. Repeal and Savings.- (1) The Karnataka Determination of Seniority of 

the Government Servants Promoted on the basis of Reservation (to the posts in 
the civil services of the State) Ordinance (No.2), 2002 (Karnataka Ordinance 5 of 
2002) is hereby repealed.  

 
(2) Notwithstanding such repeal anything done or any action taken under 

the said Ordinances shall be deemed to have been done or taken Under this Act. 
 

SCHEDULE 
(see the proviso to section 3) 

 
If three vacancies of Assistant Commissioner are to be filled by promotion at the 
same time, by a common order, classification of vacancies would be as follows : 

1st ... Scheduled Caste 
2nd ... Scheduled Tribe 
3rd ... Unreserved 

If the seniority of persons in the cadre of Tahsildars who are eligible and qualified 
and whose cases are to be considered at that time is as indicated below, 

A ... Scheduled Caste 
B ... Unreserved 
C ... Scheduled Tribe 
D ... Unreserved 
E ... Unreserved 

then, on promotion, their inter-se seniority in the cadre of Assistant 
Commissioners, will be as follows : 

A ... Scheduled Caste 
B ... Unreserved 
C ... Scheduled Tribe 

If on the other hand the seniority of the Tahsildars at that time is as indicated 
below, 

A ... Unreserved 
B ... Unreserved 
C ... Unreserved 
D ... Scheduled Caste 
E ... Scheduled Tribe 



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then their inter-se seniority, on promotion, in the cadre of Assistant 
Commissioners will be as follows : 

A ... Unreserved 
D ... Scheduled Caste 
E ... Scheduled Tribe 

The above translation of dâ}ÖËrdâ (pÖmX{â ûÆÈÒ Éê©ÀêgâÔâ¶[Ìâ° Ýâ°{êMgâùgê) Æ°©ÉâÈÖ» 
A|Öpâ{â Àê°©Èê ±ÚK Ý곪¬{â ÉâdÖËî }ñdâpâpâ uêX©ÍâFyêÌâ° ¾|ÖËpâÇê %º¾Ìâ°Àâ°, 2002 (2002 pâ dâ}ÖËrdâ 
%º¾Ìâ°Àâ° ÉâªfêX 10) be published in the official Gazette under clause (3) of Article 
348 of the constitution of India. 

 
T.N. Chaturvedi 

       Governor of Karnataka 
 
By Order and in the name of the Governor  
                         of Karnataka 

 
     M.R. Hegde 

      Secretary to Government, 
             Department of Parliamentary Affairs and 

      Legislation. 
 

 



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THE KARNATAKA DETERMINATION OF SENIORITY OF THE GOVERNMENT 
SERVANTS PROMOTED ON THE BASIS OF RESERVATION (TO THE POSTS 
IN THE CIVIL SERVICES OF THE STATE) ACT, 2002 has been amended by 

the following Acts, namely:- 
 

Amendments (chronological) 
 

Sl.No. Act No. and year Sections amended Remarks 
 

1. 10 of 2002 - - 
 

 
Amendments (section-wise) 

 
Sections Act No. and year Remarks 

 
- - - 

 
 
 

 


	ARRANGEMENT OF SECTIONS
	
	STATEMENT OF OBJECTS AND REASONS


	KARNATAKA ACT 10 of 2002
	SCHEDULE