LOKESHWARIH AND ORS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners have sought for issue of writ of Quo-warranto against the third respondent from the post of Chief Scientific Officer under the second respondent Board, as he did not possess the requisite qualification as required under Cadre & Recruitment Regulations 1992 and the Government Order dated 5.5.2010.

(2.) Further, the petitioners have sought for a direction restraining the third respondent from discharging the functions as a Chief Scientific Officer in the second respondent Board and for a writ of mandamus/certiorari, quashing Annexure-P dated 6.1.2004 where the third respondent was promoted as a Scientific Officer w.e.f. 20th May 1995 and Chief Scientific Officer w.e.f. 14.6.2002 and also for consideration of the objections of the petitioners filed on 12.7.2010 on the notification dated 17.6.2010. Further, for quashing the official memorandum dated 14.11.2002 produce at Annexure-Q.

(3.) The case of the petitioners is that, petitioner Nos.1 and 2 were appointed as Assistant Scientific Officers w.e.f. 29.7.1988 and 19.8.1988 respectively. As per Schedule-II to the Cadre and Recruitment Rules produced at Annexure-A, the Assistant Scientific Officer post is a promotional post from Lab Assistant of the Board having minimum qualifying service of five years. From Assistant Scientific Officers, the next promotion is Deputy Scientific Officer and the qualifying service was five years as an Assistant Scientific Officer and from Deputy Scientific Officer to Scientific Officer with a minimum qualifying service of five years' experience as Deputy Scientific Officer.