M.N. VENKATARARMU, S/O. LATE M.L. NARASIMAIAH, DIRECTOR (HR AND TRAINING), CENTRAL TRAINING INSTITUTE, KARNATAKA MILK FEDERATION, DR. M.H. MARIGOWDA ROAD, BANGALORE - 560 029 Vs. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY CO-

JUDGEMENT

(1.) THESE petitions are heard and disposed of together as identical issues arise for consideration.

(2.) IN order to address the petitions it is necessary to take note of the following: The Karnataka Co -operative Milk Producers' Federation Limited (Hereinafter referred to as the 'KMF', for brevity) a respondent in both these petitions, is a Co -operative Society incorporated under the Kamataka Co -operative Societies Act. 1959 (Hereinafter referred to as the 'KCS Act' for brevity). The KMF has framed Bye -laws for itself. The General Body of members is the supreme authority, subject to the KCS Act, Rule -thereunder and the Bye -laws. The management of the affairs of KMF is vested in the Board of Directors. Under the Bye -laws, an Expert panel is constituted, this consists of the Chairman of KMF as its Chairman. the Principal Secretary to Government, Animal Husbandry Department, a representative of the National Dairy Development Board, and the Managing Director of KMF, as its members. Its functions, inter alia, are to recommend to the Board the administrative structure of KMF, its staff requirements, qualification, experience and pay scales of its employees. It is responsible for selection of candidates for promotional posts in the cadre of Joint Director and above except the Managing Director. When it considers the selection and recruitment of the Managing Director it consists of only the first three members mentioned above, excluding the Managing Director. The service conditions of the employees of KMF are governed by the Cadre and Recruitment Rules (Hereinatter referred to as the 'C & R Rules, for brevity) and Subsidiary Rules, framed by the Board of Directors. It is relevant to note, for the purposes of considering these petitions, that the Bye -laws did prescribe certain technical and professional qualifications for appointment to the post of Managing Director. As on 23 -9 -2004, there was an amendment to the Bye -laws deleting the technical and professional qualification. The petitioner in the first of these petitions, Dr M.N. Venkatramu (Hereinafter referred to as 'MNV', for brevity) is presently said to be working as Director (HR & Training), Central Training Institute, KMF. He is said to have functioned as the In -Charge Managing Director of KMF from 14 -8 -2009 to 28 -4 -2010, when the regular Managing Director was on leave. He had handed over charge thereafter to one A.S. Premnath (Hereinafter referred to as 'ASP, for brevity). It is MNV's case that as per the Seniority list in the cadre of Functional Directors, prepared by the Managing Director, as on 16 -12 -2006.. he was ranked at Serial no. 5 and in the later Seniority list of 8 -4 -2011. he is ranked at Serial no. 1. It is his further case that the post of Managing Director has to be filled up by Selection. The C&R Rules provides for Recruitment to the post as follows: <FRM>JUDGEMENT_1131_TLKAR0_2011.htm</FRM>

(3.) IN the second of these petitions filed by Gowda, it is his case that he was selected to the post of Managing Director and was appointed as on 30 -4 -2007. It is his case that as per the Order of appointment he is entitled to the pay scales extended to Officers of the IAS cadre in the super time scale, as revised from time to time. The order of appointment specifically stipulate:: that he cannot be transferred elsewhere, nor could his post be changed. It is stated that KMF intended to divest him of his duties and sought to transfer him as the Chairman and Managing Director of Dernpo Dairy Industries Limited, Asangi, Bagalkot District, this was promptly challenged in a writ petition before this court in WP 20015/2010 and this court has granted an interim order restraining the transfer. It is contended that there was yet another attempt to reduce his salary and to restrain him from performing his duties, which was the subject matter of another writ petition in WP 12052/2011, where in this court had granted an interim order restraining the respondents from doing the above. There was also an attempt to reduce his seniority, which is the subject matter of a writ petition in WP 19075/2011 which is pending consideration before this court. It is Gowda's further complaint that an effort was made to divest him of his duties and responsibilities by the concerted actions of ASP and the other authorities, by redesignating the post of the petitioner, in violation of the order of his appointment and in violation of Section 29G of the KCS Act. It is his case that he was on medical leave from 14 -8 -2008 to 30 -8 -2009 and on his return to duty, he found that his duties were being exercised by MNV. as the in -charge Managing Director. There after the position was taken over by ASP. It is alleged that ASP was instrumental in giving cause for the several writ petitions being filed by the petitioner, which are referred to hereinabove. The creation of an additional post in the cadre of Managing Director and to designate the same as Managing Director/Chief Executive Officer and the redesignation of the existing post of Managing Director as Managing Director (Projects and Administration) is sought to be questioned in the present petition.