EXCISE COMMISSIONER KARNATAKA Vs. V SREEKANTA

JUDGEMENT

(1.) Leave granted.

(2.) The special leave petition is directed against the judgment dated June 13, 1990 in Writ Appeal No. 2927 of 1986 passed by the Division Bench of Karnataka High Court reversing the judgment dated August 8, 1986 passed by the learned single Bench of the said High Court in Writ Petition No. 6645 of 1982. The parties to the special leave application have filed their respective counter-affidavit and affidavit of rejoinder and have also made their respective submissions at the hearing of the matter. For the purpose of appreciating the respective contentions of the parties to the special leave petition, relevant facts may be indicated as hereunder:-

(3.) The respondent V. Sreekanta was appointed as an Inspector of Excise (Junior) on January 17, 1968 vide O.M. No. ADM EST 1 1312/67 dated 11-1-1968 along with 37 other persons. It has been indicated in the said letter 01 appointment that the candidates sponsored by different employment exchanges to the State were appointed as Excise Inspector and posted to the places noted against each of them subject to the conditions noted in the said letter of appointment. It was specifically stated in the said appointment letter that the appointments were made on purely temporary basis and the services were liable to be terminated at any time without notice. All the candidates including the said Sri Sreekanta were required to give a declaration before joining the service to the effect:"I understand that my employment (Excise Inspector) is purely temporary and my services may be dispensed with at any time without any reason being assigned therefor and I accept the employment on this basis." The services of the said respondent Sri Sreekanta and similarly appointed other persons were regularised vide Order No. ADM EST 1 215/21-72 dated October 26, 1971 under the Mysore State Civil Services (Direct Recruitment to Class III Posts) (Special) Rules, 1970. It was specifically mentioned in the said order of regularisation/appointment of the employees including the said Sri Sreekanta that the services of the said employees being local candidates were regularised in the cadre of Inspectors of Excise. The sepcific term of regularisation/appointment is to the following effect: