K M NAGARAJ Vs. KARNATAKA STATE POLLUTION

JUDGEMENT

(1.) THESE appeals assail the order of the learned Single Judge dated 11/06/2003, passed in a batch of writ petitions whereby, the writ petitions are rejected and the amendment made as per Annexure "N" dated 18/09/1993 by introduction of Rule 18A to the Karnataka State Pollution Control Board (Cadre, and Recruitment) Regulations, 1993 ("Regulations", for short) are upheld and the State Government Order dated 16/02/1994 and the order of the Board dated 16/05/1994 as well as the second Final Gradation List and other consequential orders are upheld.

(2.) SINCE the learned Single Judge has narrated the facts leading up to the filing of the writ petition in detail, it would be convenient to summarise the same. The first respondent - Karnataka State Pollution Control Board [hereinafter, referred to as the "Board" for the sake of brevity], was constituted on 21/09/1974. The initial staff of the Board was primarily drawn from various Government Departments, including Public Works Department on the basis of deputation. Respondent Nos.3 to 8, who were initially recruited as Assistant Engineers in Public Works Department and with their consent were deputed to the services of the Board as Assistant Engineers and later they were re-designated as Assistant Environmental Officers ('AEOs', for short).

(3.) THE Board had in the meanwhile, framed the Regulations for regulating the method of recruitment, terms and conditions of service of officers and employees of the Board. But the State Government while approving the said Regulations, approved it, subject to the deletion of the provisions made for absorption of Deputationists. On the approval of the State Government, the Regulations were given effect from 02/09/1992. Thereafter, the Board by its meeting held on 02/12/1992 passed a Resolution promoting 16 Assistant Engineers excluding some of the petitioners herein to the next promotional cadre of Deputy Environmental Officers, with retrospective effect, subject to final orders to be made by this Court in the petitions filed by them as well as the Deputationists. Subsequently, by a communication dated 12/04/1993, the Board made a request to the State Government to approve its Resolution to incorporate Regulation 18A to the Regulations and provide opportunity for Deputationists, who were in the services of the Board right from its inception as a one time measure. The same was approved by the State Government by order dated 25/08/1993. The Board by its meeting held on 28/08/1993 resolved to adopt the amendment to the Regulations as approved by the State Government and notified the same by its official memorandum dated 18/09/1993. The newly inserted Regulation enabled the absorption of Deputationists who had already opted for Board Service in equivalent cadre. In view of this amendment, this Court disposed of W.P.No.20739/1989.