K AVINASHCHANDRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Writ Petition has come up before us on a reference made by justice Rama Jois by his order dated the 7th of July l983 on the ground that it involves important questions of law for consideration.

(2.) The undisputed facts may briefly be stated as follow : The petitioner joined service as a Second Division Clerk and was posted to the office of the Deputy Commissioner, Dakshina Kannada, on 29th of January 1,965. The next promotional post is the post of First Division C/erk. Under the cadre and Recruitment Rules, the Second Division Clerks are required to pass certain departmental examinations for earning eligibility for promotion to the cadre of First Division Clerks. The Karnataka Civil Services (Service & Kannada Language Examinations) Rules, 1974, (hereinafter referred to as the Rules), came into force with effect from 10th of January 1974. Rule 3 of the Rules imposes certain obligations on the Government servants to pass certain examinations. Rule 4 of the Rules imposes restrictions on promotions and appointments by transfers, and it provides that after the expiry of a period of two years from the date of commencement of the Rules no Government servant shall be eligible for promotion to any higher post unless he has passed the Kannada Language examination and the prescribed examinations if any for the holder of such higher post and the post already held by him. The effect of these Rules was that for a period of two years from 10th of January 1974, Second Division Clerks could be promoted to the cadre of First Division Clerks even though they had not passed the prescribed examinations. The petitioner did not pass the prescribed examinations within a period of two years from 10th of January 1974.

(3.) Rule 4 of the Rules was amended by Notification Dated 24th of April 1976 published in Karnataka Gazette dated 29th of April 1976 as follows :- Amendment of rule 4 :- Rule 4 of the Karnataka Civil Services (Service and Kannada Language Examinations) Rules, 1974, shall be re-numbered as sub rule [1] there of and after the sub-rule [1] so re-numbered, the following sub-rules shall be inserted, namciy :- "[2]: Sub-Rule [1] shall not have effect[a] for a period of one year from the first day of May 1976, in respect of holders of posts for whom service examinations were prescribed on 10th January 1974, and [b] for a period of one year from the date of expiry of two years from the date of such prescription in respect of holders of posts for show the service examinations have been prescribed after 10th January 1974. The said amended Rule 4 came into force on the 1st day of May 1976.