STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF INDUSTRIES AND COMMERCE, M.S. BUILDING, BANGALORE - 1 AND THE COMMISSIONER FOR SERICULTURAL DEVELOPMENT AND DIRECTOR OF SERICULTURE, M.S. BUILDING, BANGALORE - 560 001 Vs. H. HALAPPA, S/O CHANN

JUDGEMENT

(1.) HEARD the learned counsel for the parties. The Government is challenging the order passed by the Karnataka Administrative Tribunal in application No. 7271/ 1998 passed an 14.07.2004.

(2.) THE admitted facts of this case are as hereunder: The respondent was initially appointed as First Division Assistant in the Office of Tahasildar, Holalkere, Chitradurga as a local candidate and reported for duty on 17.2.1969. Later through KPSC he was selected as Sericulture Inspector, with effect from 3.12.1970 and his service was regularized with effect from 10.5.1971. He was relieved from the post of FDA on 23.7.1971 and he was posted to Kolar Government Silk Form as Sericulture Inspector. The respondent sent, an endorsement stating that, the applicant is not entitled for continuity of service between 26.7.1971 to 30.9.19725 during which time he was posted by Government for training as Sericulture Inspector. Contending that the training period was oil duty and that his service has been counted as local candidate with effect from 17.2.1969, there cannot be any break up of his service during the period of training, the respondent approached the Tribunal. The Tribunal considering Rule - 8(15)(c) of the KCSR's Rule came to the conclusion that duty includes a course of training or instructions authorized by the orders of the Government. Contending that he was posted for training as per the orders of the petitioner/Government, the petition came to the allowed. Challenging the same, the present petition is filed.