K V BALLURGI Vs. STATE OF MYSORE

JUDGEMENT

(1.) K. V. Ballurgi, the petitioner, was an employee of the District Local Board, Belgaum. Consequent on the abolition of the Board, he was absorbed as a First Division Clerk in the State Accounts Department of the State of Mysore. He challenges the said absorption in this petition under Article 226 of the Constitution.

(2.) A few more facts are necessary to understand the question involved in the case. The petitioner was originally a clerk in the District Local Board, Belgaum. He joined service on 23-4-1948. On 15-8-1957, he was promoted as Head Clerk and Accountant in the pay scale of Rs.160-250 which was later revised to Rs.180-300. Consequent on the coming into force of the Mysore Village Panchayats and Local Boards Act, 1959, all the District Boards in the State were abolished from 1-11-1959. A provision was made in the Act to absorb the entire staff of the District Boards either in Government service or in the service of Taluk Boards. Accordingly the petitioner was absorbed in Government service as a First Division Clerk. He joined the State Accounts Department on 14-11-1961. According to the order of absorption, he was allowed to retain his scale of pay of Rs.180- 300, though the post to which he was absorbed, carried a lesser pay scale.

(3.) The order directs that he should pass the SAS. Examination within a period of three years from the date of his joining duty in the State Accounts Department, failing which his increments would be liable to be withheld. In 1969, the Mysore District Boards and District Local Boards Employees (Absorption in Mysore Government Service) Rules, 1959, were made by the Governor under the proviso to Art.309 of the Constitution. By the said Rules, the absorption of the petitioner as a First Division Clerk in the State Accounts Department was regularised. He was given the benefit of the entire service in the District Local Board for the purpose of determining, his seniority.