R B BUDI Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioner was Assistant Secretary of the Agricultural Produce Market Committee of Bijapur when the Secretary, D. B.Bagali retired from service in January 1969. The Chairman of the Committee appears to have recommended the appointment of the petitioner as Secretary by promotion. However, the State Government appointed the fourth respondent who was working at a similar committee of Byadagi by transferring him from Byadagi Committee to the Bijapur Committee.

(2.) The petitioner prays for the issue of a writ quashing the order appointing the fourth respondent as Secretary of the Bijapur Committee and for consequential order to consider the petitioner's case for promotion.

(3.) The Market Committee at Bijapur was formed under or in accordance with the terms of the Bombay Agricultural Produce Markets Act, 1939. When the Mysore Agricultural Produce Marketing Regulation Act was passed and came into force on 1st of May, 1968, all the officers and servants of such committees became the servants of the State Government by virtue of the provisions of sub-sec. (1) of S.59, of the said Act. Sub-sec. (2) which is relevant to the present claim reads as follows: