M SANKARANARAYANAN IAS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against the decision of the Central Administrative Tribunal, Bangalore, dated February 7, 1991 passed in Original Application No. 11 of 1991. The appellant, Shri M. Sankaranarayanan, made an application before the Central Administrative Tribunal, Bangalore, for quashing the order dated January 4, 1991 transferring and posting him as Secretary, High Power Committee for development of Hyderabad, Karnataka area, Bangalore (hereinafter referred to as High Power Committee) as contained in Annexure A-4 to the application made before the Central Administrative Tribunal, and for a direction to allow the applicant, Shri Sankaranarayanan, to continue as the Chief Secretary, Government of Karnataka. The aforesaid order of transferring and posting the appellant as Secretary, High Power Committee was challenged mainly on two grounds, namely, that such order was not passed bona fide for the exigencies of the administration but the same was passed mala fide by the Chief Minister of Karnataka who became displeased with the appellant on account of his unfavourable attitude and resistance to some of the proposals of the Chief Minister in the matter of posting of senior officers of the State to different key posts. It was also contended that his transfer order is vitiated because of the non-compliance of the procedural formalities for a valid transfer of the appellant to the said post of Secretary, High Power Committee inasmuch as there was no declaration under Rule 9(l) of IAS (Pay) Rules, 1954 that the post of Secretary, High Power Committee, was equivalent to the post of Chief Secretary and in the absence of such declaration the transfer of the appellant from the post of Chief Secretary to the Secretary, High Power Committee, was illegal and void.

(2.) To appreciate the relevant contentions made by the appellant and the respondents before the Central Administrative Tribunal and also before this Court at the hearing of the appeal, the backdrop of the events resulting in the impugned order of transfer and posting of the appellant and consequential challenge of such order by the appellant, requires to be indicated in short.

(3.) The appellant, Shri Sankaranarayanan, was appointed to the Indian Administrative Service (Karnataka Cadre) in 1957 and on May 5, 1990 he was holding the post of Additional Chief Secretary to the Government of Karnataka. By Notification dated May 5, 1990, he was appointed' as Chief .Secretary to the Karnataka Government until further orders. In the State of Karnataka, there was. originally one post of Chief Secretary to the Government. By an order dated October 17, 1980, an ex-cadre post of Additional Chief Secretary was created with a declaration under R. 9(1) of IAS (Pay) Rules that the status and responsibilities of the said post were equivalent to the cadre post of Chief Secretary. The post of Additional Chief-Secretary was thereafter en-cadred by Notification dated January 30, 1987 with the same pay as of the post of Chief Secretary. The post of Secretary, High Power Committee, was created by the State Government of Karnataka in 1989 with the designation Chairman, Hyderabad, Karnataka Development Board by order dated September 27, 1989. The said post was declared equivalent to the status and responsibilities to the cadre post of Additional Chief Secretary under R. 9 of IAS (Pay) Rules. The posts of Chief Secretary, Secretary, High Power Committee and Additional Chief Secretary carry equal pay. On January 3, 1991, the Cabinet Government of Karnataka took a decision to the effect that a change of the Chief Secretary should be effected. Pursuant to such cabinet decision, the Chief Minister, on January 4, 1991, had taken the following three decisions and passed consequential orders namely (i) declaring that the post of Secretary, High Power Committee, was equivalent in status and responsibilities to the post of Chief Secretary of the Government, (ii) transferring the appellant, Shri Sankaranarayanan, to the post. of Secretary, High Power Committee with immediate effect and (iii) appointing the 4th respondent, Shri N. K. Prabhakar Rao, who was holding the post of Chief Secretary to the Government. It may be noted in this connection that Shri Prabhakar Rao is senior to Shri Sankaranarayanan as a member of the Indian Administrative Service. The Notification giving effect to the above orders of transfer was issued on January 4, 1991 but the authenticated Government order declaring the equivalent of two posts under R. 9 of IAS (Pay) Rules, was issued on the next day, namely, January 5, 1991.