D CHAMARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This case is a classic example of the total indifference with which the 1st respondent-State deals with its employees, that too in this particular cadre of its services, unmindful of the hardships caused to itself, its employees, the public and also the Court. From the facts to be narrated hereafter it is apparent that the State is totally unmindful of the need to proceed with caution and firmness in the matter of creating cadres and promulgating appropriate cadre and Recruitment Rules with some degree of permanence and mindful of the seniority of its servants.

(2.) The petitioner Dr. D. Chamaraj entered the service of the erstwhile State of Mysore in accordance with the Memo dated 23-11-1953 (actual date of joining the service is 2-12-1953). By an order dated 9-8-1956 he was promoted as Assistant Surgeon Grade-I with effect from 2-12-1954. Further, by an order dated 9-8-1957 on the recommendation of the University Council of the University of Mysore, he was appointed as part time Lecturer of Ophthalmology. On 25-9-1960 he was appointed as Assistant Associate Professor of Ophthalmology at Bangalore Medical College. This last appointment mentioned was made in exercise of the powers conferred by Art. 162 of the Constitution as at the relevant time there were no Cadre and Recruitment Rules holding the field for recruitment and appointment of Assistant Associate Professor. Similarly, on 13-12-1962 the Government again exercising their executive power under Art. 162 of the Constitution appointed the petitioner as Associate Professor of Ophthalmology at Bangalore Medical College.

(3.) In the year 1964 the Rules known as 'Mysore Medical Service (Teaching and Technical Personnel in Medical and Dental Colleges) Recruitment Rules, 1964, were promulgated under proviso to Art. 309 of the Constitution. These Rules, it is necessary to state at this point itself, came to be the subject-matter of some writ petitions especially W. P. No. 684 of 1965 decided on 23-11-1966 (Mys) and W. P. No. 455 of 1966 decided on 21-11-1966 (Mys). In those writ petitions, this Court while upholding the validity of appointments made under the Rules observed that the teaching Cadre in the Medical Department which was also in- charge of Medical Education should be made only in accordance with those Rules. However those Rules were not pressed into service for the reason as stated by the learned Government Advocate for 1st respondent- State on account of certain defects in the Rules themselves. This fact of not pressing into service of those Rules has not been disputed by the contesting respondents 3, 4 and 5. In 1964, Rules referred to earlier came to be replaced by new Rules for Recruitment known as 'Karnataka Health and Family Planning Services (Collegiate Branch) Recruitment Rules, 1967'.