S B HALAPPANAVAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners were initially appointed either as Rural Medical Practitioners (RMPs) or subsidised Medical Practitioners (SMPs) or Aided Medical Practitioners (AMPs) on ad hoc basis under different Rules. The State Government promulgated Karnataka State Civil Services (Absorption of persons appointed as RMPs/smps/ AMPs in the Indian System of Medicines and homoeopathy Department) (Special) Rules, 1992 (hereinafter referred to as 'the Special Rules')The Special Rules provided absorption of RMPs, SMPs and AMPs in regular posts. Accordingly, the petitioners had been absorbed to regular posts.

(2.) THE Special Rules provided for fixation of pay. of absorbed persons at the minimum of the pay scale of Rs. 1720-3170. Rule 5 provides that the services rendered by the absorbed persons shall be subject to Rule 235 of the Karnataka Civil Services Rules which stipulates that if the previous service rendered is not covered by contributory Provident Fund, the absorbed Government servant shall pay pensionary contribution. Rules 4 and 5 of the Special Rules reads as under:" 4 FIXATION OF PAY OF PERSONS ABSORBED UNDER THESE RULES-The pay of the persons absorbed under these Rules shall be fixed at the minimum of the pay scale specified in Column 4 of the Schedule.

(3.) THE petitioners filed Application No. 857/2001 before the Karnataka Administrative Tribunal (hereinafter referred to as 'the Tribunal') to strike down the words '"at the minimum":