LAWS(KAR)-2003-8-50

M G UMAMAHESH Vs. STATE OF KARNATAKA

Decided On August 12, 2003
M.G.UMAMAHESH Appellant
V/S
STATE OF KARNATAKA, BY ITS SECRETARY, FOREST DEPARTMENT, BANGALORE Respondents

JUDGEMENT

(1.) SINCE common questions of fact and law are involved in all these writ Petitions, they are clubbed together, heard and disposed off by this common order.

(2.) INITIALLY petitioners were appointed as Plantation Supervisors by the second respondent - Karnataka Pulpwood Limited, on a consolidated salary of Rs. 400/ -. The appointment was purely temporary and for a period of six months only. Their appointment as Plantation Supervisors was continued by the second respondent authority by their order made on 27. 11. 1987 and that was again for a period of six months only. By a subsequent order dated 7. 3. 1988, petitioners were appointed by the second respondent company as Asst. Plantation Supervisors on a consolidated salary of Rs. 690/- per month. While working as Asst. Plantation supervisors, it appears, some of the petitioners were also asked to discharge the duties of Incharge Plantation Supervisors and Asst. Plantation Superintendents. 2. Petitioners asserts that inspite of the fact that they were working as Asst. Plantation Supervisors, their services were regularised as Forest Guards. On a wrong assumption that the second respondent along with its personnel has merged with the karnataka Forest Development Corporation Ltd. , the second respondent has issued one more appointment order appointing the petitioners herein as Assistant Plantation Superintendents.

(3.) FACTS stated in the petition are not very clear. Therefore, let me notice how the Chairman and Managing Director of second respondent company has understood and dealt the case o! the petitioners while regularising their services as Assistant Plantation superintendents in the pay scale of Rs. 3450-6300 in his order dated 29. 10. 1995/5. 11. 1999. In the order, it is stated that the petitioners were initially appointed as Plantation Supervisors by the karnataka Pulp Wood Ltd. , on a consolidated salary of Rs. 400/-and Rs. 500/- per month temporarily. It is further stated that by an order made by second respondent on 12. 4. 1999 the petitioners who were initially appointed as Plantation Supervisors were regularised in service as Forest Guards in the scaie of pay of Rs. 3000-5450. It is also stated in the order that these petitioners who were regularised as Forest Guards had made a representation dated 14. 5. 1994, requesting the second respondent to regularise their service as "forests" in the scale of pay of 3300-6300. The Chairman and Managing Director of second respondent to consider the above request of the petitioners after obtaining the report of the Executive Director (Shimoga) with regard to duties and responsibilities performed by the Plantation Supervisors has modified his earlier Order dated 12. 4. 1999 and has regularised the services of the petitioners as Assistant Plantation Superintendents in the scale of pay of Rs. 3300-6300 from a particular date indicated in his earlier Order dated 12. 4. 1999.