ARCHANA Y.B. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned Senior counsel Sri. M.S.Bhagawat for Sri. Satish K, learned counsel appearing on behalf of the petitioner, learned AAG on behalf of respondent Nos.1 and 2 and learned Senior counsel Sri. D.R.Ravishankar on behalf of private respondent No.3. The Secretary, Social Welfare Department - Sri. P.Manivannan is present before the court.

(2.) The learned Senior counsel for the third respondent would submit that as per the order dtd. 5/1/2022, the officers in the cadre of Karnataka Administrative Service (Senior Scale) were entitled to be appointed as Secretary of the Central Relief Committee. Being an encadred post, the petitioner who is of the rank of the Additional Director was not entitled to hold the post of Secretary but by way of an amendment to the C&R Rules dtd. 23/3/2022, the post is now reserved to the officers of the rank of Additional Director of Social Welfare Department and the learned Senior Counsel for the private respondent No.3 would contend that the subsequent amendment to C&R Rules would not come to the aid of the petitioner and that the Rule as it earlier existed would apply till the completion of the tenure of respondent No.3.

(3.) The fact remains that the Coordinate Bench of this court has passed an order in W.P.No.8933/2021 dtd. 18/6/2021 directing the first respondent therein namely, Additional Chief Secretary, Social Welfare Department, Vikas Soudha to pass appropriate orders in accordance with law and till such orders are passed, the petitioner herein ought to be continued as Secretary of the Central Relief Committee. It appears that the order dtd. 18/6/2021 has neither been appreciated nor considered and proceedings have taken place in ignorance of the direction issued by this Court. Infact, even before this Court, it is strongly contended by the learned Senior Counsel for respondent No.3 that the matter rather requires reconsideration at the hands of the Secretary, DPAR.