M V DIXIT Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners belong to the cadre of 'Superintendents' in the State Accounts Department ('SAD' for short) and are on deputation to Public Works/Irrigation Departments, working as 'Account Superintendents'. There are 253 posts of Accounts Superintendents in the Department of Public Works/Irrigation, It is stated that all officers in the cadre of Superintendents in the State Account Department, are working on deputation in various borrowing departments.

(2.) THE Karnataka Public Works Engineering Department Services (Recruitment) Rules, 1988 and the Karnataka Public Works (Irrigation Services) (Recruitment) Rules, 1988 (for short 'PWE Recruitment Rules' and 'Irrigation Recruitment Rules' respectively) govern the recruitment to posts in Public Works Department an Irrigation Department. The method of recruitment prescribed under the said Rules, for the posts of Accounts Superintendents in the said Department, is only by deputation of officers in the cadre of Superintendents from the State Accounts Department. The Karnataka State Accounts Service (Recruitment) Rules, 1959 (for short 'the SAS Recruitment Rules') as amended by the Karnataka State Accounts Services (Recruitment) (Amendment) Rules, 1993 provides that the recruitment to the cadre of Superintendent in the State Accounts Department is by promotion from the cadre of First Division Assistants and Stenographers in the State accounts Department in the ratio of 99:1. The qualification prescribed is five years service in the respective feeder cadres.

(3.) FEELING aggrieved, the Karnataka State Accounts Department Employees Association and others filed WP Nos. 29965 -29966 and 326 of 1999 for quashing the order dated 18.6.1999 and for a direction restraining the State Government from making appointments to the post of Accounts Superintendents contrary to the Rules and a further direction to the State Government to follow the cadre and Recruitment Rules strictly and consider only the cases of eligible First Division Assistants of State Accounts Department for promotion and posting as Accounts Superintendents in the Department of Public Works and Irrigation. A learned Single Judge of this Court, by order dated 7.7.2000 dismissed those petitions. He held that the effect of the order dated 18.6.1999 was to create 13 new posts of Accounts Superintendents in a lower grade in the pay scale of Rs. 1720 -3300 (revised: Rs. 5200 -9580) by abolishing 13 corresponding posts of Account Superintendents in the grade of Rs. 1900 -3700 (revised Rs. 5575 -10620) and it did not violate the provisions of the Karnataka State Accounts Department (Recruitment) Rules 1959 as amended by the Amendment Rules of 1993. The learned Single Judge has also held that if the State Government took a policy decision to downgrade a small percentage of posts in the cadre of Accounts Superintendents and create a new cadre by retaining the same nomenclature but with a lower pay scale, Courts will not examine the need for such action. The learned Single Judge also expressed the view that through the officials belonging to the State Accounts Department were all equipped to discharge the duties as Accounts Superintendents in PW and Irrigation Department, the First Division Assistants/Store Keepers in those Departments who had put in service of not less than 5 years in the cadre and who also possessed the requisite qualifications by having passed the State Accounts Services Examinations (part 1, 2 and 3) cannot be said to be unsuitable for being promoted to the cadre of Accounts Superintendents. The learned Single Judge rejected the contention that as the Account Superintendents will have to supervise and scrutinize the accounts of Public Works and Irrigation Department and point out irregularities, if any, they should preferably be from outside the said department. He held that even First Division Assistants/Store Keepers of Public Works and Irrigation Departments, possessing requisite qualification, if promoted as Accounts Superintendents, will be able to discharge the functions and duties of Account Superintendents.