A SHIYANANDA SUVARNA Vs. DIVISIONAL COMMISSIONER MYSORE

JUDGEMENT

(1.) The petitioner, who is an employee of the City Municipal Council of Mangalore as a Town Planning and Building Inspector, impugns an order made by the Divisional Commissioner of Mysore, transferring him from Mangalore to Udipi to serve the Municipal Council of Udipi.

(2.) The transfer has been made by the Divisional Commissioner in exercise of the power of the State Government under S.320 of the Mvsore Municipalities Act, delegated to him bv the State Government under a notification bearing No.S.O.3818 dt.17th January, 1966. Either the validity of the section or the legality of the delegation is not questioned by the petitioner.

(3.) The petitioner's contention is that the power under S.320 of the Act should not be read as an abosolute power but that the same should be harmonised, as it is put in the argument-with the rule making power under S.323 of the Act. The point of the argument is that service conditions, promotional opportunities pay sceales allowances etc. may be different in different municipalities, that therefore unless uniformity is brought about in these matters bv exercising the rule making power under S.323 of the Act. it is not exuitable to exercise the power of transfer under S.320 and that therefore, we should so read S.320 as to brine about an equitable position. Tn simpler words, it means that the power of transfer under S.320 should not be exercised or cannot lawfully be exercised until the step is first taken under S.323 to bring about uniformity in service conditions of all employees of municipalities in the State.