RUDRAPPA KALAVEERAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner was working as Chief Officer in the Town Municipal Council of Alnavar in Dharwar District haying been promoted to that cadre by an order dated 1-2-1977. The cadre of Chief Officer under the relevant Cadre and Recruitment Rules consists of four Grades and the petitioner belongs to Grade-II carrying the pay scale of Rs. 500 to 1120. Aggrieved by an order of transfer dated 30-5-1980 made by the 2nd respondent-Divisional Commissioner, Belgaum, he has impugned the same in this Writ Petition. The said order is produced as Annexure-C to the petition. The order states that the transfers are made on administrative grounds. The petitioner is one of the twelve officers Effected by the order. The order is a composite one. The petitioner has been transferred to Kalghatgi in Dharwar District.

(2.) The petitioner has averred that he is aggrieved by the impugned order of transfer which according to him is contrary to Rule-11 of the Karnataka Municipalities (Delegation of Powers, Executive Functions, Duties, Powers and Determination of staff) Rules, 1973 (hereinafter referred to as the Rules') in as much as the Town Municipal Council to which he is now transferred under the said Rule-11 of the Rules is authorised to have a Chief Officer of Grade-III in a lesser pay scale and therefore the impugned order of transfer has the effect of reducing his Grade as well as his status. The petitioner also has feebly attempted to persuade the Court to hold the impugned order of transfer as illegal on account of mis-description of the post held at Alnavar as Secretary even though no such post exists in the Town Municipal Council at Kalghatgi.

(3.) Sri Subba Rao, learned Counsel apppearing for the petitioner has strenuously argued that under R. 11 of the Rulers the Divisional Commissioner has no powers to make transfers in accordance with the duties of Municipal Commissioner or Chief Officers. Rule 41 of the aforementioned Rules provides for staff pattern, pay scales and the number of employees that a Municipality can have. In accordance with Schedule-II to the Rules the Municipalties have been divided into different categories on the basis of the income they have. Certain Municipalities having the income of more than ten lakhs are required to have Commissioners in the pay-scale of Chief Officers and those Municipalities that have less than ten lakhs income are further sub-divided providing for Chief Officers of Gr. I to IV. The duties and functions of the Municipal Commissioner and the Chief Officers are enumerated in Rules 8 and 9 of the Rules. It is necessary to state that such duties and functions are common to all Town Municipal Council irrespective of their income.