MAHIBOOB SAB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned Senior counsel Sri S M Chandrashekar along with learned counsel for the petitioner. Learned AAG Sri Subramanya along with learned HCGP Sri Venkatasatyanarayana A for respondent No.1 and learned Senior counsel Sri D R Ravishankar along with learned counsel Sri V B Vijayakumar for respondent No.2.

(2.) The petitioner who was discharging duties as Director of the Directorate of Minorities, Minority Welfare Department was transferred out of the post by impugned order dtd. 23/7/2021 and aggrieved he approached the Tribunal. The Tribunal after a detailed hearing has been pleased to negate the challenge on the short ground that he does not possess the eligibility stipulated under the C and R (Cadre and Recruitment) Rules of the minority department i.e.., the Karnataka Minorities Welfare Services (Cadre and Recruitment) Rules, 2010 published on 15/3/2011 (hereinafter referred to as the 2011 Rules for the sake of brevity). That the petitioner being in the cadre of Deputy Secretary was ineligible to be appointed as the Director of the Minorities Department, as the C and R Rules stipulates that the director can only be from among the cadre of Karnataka Administrate Services (Selection Grade/Higher Pay scale) or Indian Administrative Service (IAS) (Senior Scale Officer). On that short ground the Tribunal was pleased to repel the challenge mounted by the petitioner.

(3.) It is contended on behalf of the petitioner that the post of Deputy Secretary is equivalent in grade to that of IAS and KAS Officer of Senior scale. In this regard the learned senior counsel would invite the attention of the Court to the notification issued by the Department of Personnel and Administrative Reforms bearing No.DPAR 105 SRD 2014, Bengaluru, dtd. 10/7/2019 and would take the Court to Schedule I and more particularly would draw the attention to the entry at Sl.No.17 wherein the filling up of the post of Deputy Secretary to Government, Karnataka Government Secretariat is shown to be by way of promotion from the cadre of Under Secretary to Government, Karnataka Government Secretariat Services or by posting of IAS and KAS (Group A) (Senior scale) officers and he would further take the Court through the Note I, which states that out of the posts of Deputy Secretaries 12 posts shall be filled up by posting IAS or KAS group A (Senior scale officers). Provided that six posts in the cadre of Deputy Secretaries to Government shall be filled up by the deputation of officers of the Karnataka Administrative Services shall be filled up by the deputation of the Karnataka Administrative Services (Senior scale) subject to the condition that an equal number of officers of the Karnataka Government Secretariat Services are deputed to any other State Civil Services.