RAMESH Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioners in these two writ petitions were working as I Division Clerks of the Taluka Development Board of Gokak in the District of Belgaum. The said Taluka Board was superseded by the Government on the 22nd of November 1969 and an Administrator was appointed. After the Admirustrator took charge of his office, he passed a resolution on the 15th of June 1970 creating one post of Superintendent and one post of Accountant. On the 16th of June 1970, he passed two orders promoting the petitioners in these two cases as Superintendent and Accountant respectively with effect from 16th June 1970 temporarily and subject to the condition that the creation of posts and their promotion is subject to the approval of the competent authority and that the incumbents should pass the necessary examinations within the prescribed time. In pursuance of the said orders made by the Administrator, the petitioners in these two cases joined duty in the promotional posts and also drew salaries of the higher posts.

(2.) On the 23rd of July 1970 the Chief Executive Officer of the Taluka Board passed the orders impugned in these cases whereby he withheld the promotions already made by the Administrator till the sanction of the Government is received and further directed that the pay already drawn by the petitioners be refunded to the Taluka Board account until further orders. It is these orders made by the Chief Executive Officer who has been impleaded as respondent 3 in these writ petitions that are challenged by the petitioners.

(3.) Shri B. G. Naik, learned Counsel for the petitioners in these writ petitions contended that apart from the fact that the action taken by the Chief Executive Officer in these cases is wholly illegal and improper, if such action is not corrected and denounced in an appropriate manner, the same will have the effect of demoralising the administration. There is considerable force in the submission of Shri Naik.