RAMEGOWDA Vs. STATE OF KARNATAKARESENTED

JUDGEMENT

(1.) THESE appeals arise from Writ Petition No. 16077/2005 and Writ Petition No. 16351/2005 filed by Sri R. Ranganath and Sri L. Sathyanarayana respectively. Respondent No. 5 in the writ petition Sri. Ramegowda was the contesting respondent. By a judgment dated 22. 7. 2005, the learned Single Judge has allowed the writ petitions and has quashed the Government Order bearing No. 182. MNV. 2005, Bangalore, dated 13. 6. 2005. Feeling aggrieved by the said order, the 5th respondent in the writ petitions has filed these appeals.

(2.) THE Bangalore Mahanagara Palike is the fourth respondent in the writ petitions (hereinafter referred to as 'corporation' for short ). Recruitment to the various posts in the services of the corporation is regulated by the Rules called "the City of Bangalore Municipal Corporations services (General) Cadre and Recruitment Regulations, 1971". The Rules contain schedule of various posts in the services of the Corporation. The highest post provided in the schedule in the cadre of Engineers is the post of Chief Engineer. The method of recruitment to the said post is by promotion from the cadre of Superintending Engineer and if no suitable candidate is available for promotion, by deputation of an officer of the rank of Chief Engineer from the Karnataka public Works Department, Engineering Services. The qualification prescribed for the post in the schedule is that the candidate must possess a degree in Civil or Mechanical Engineering or a certificate of Diploma from the institute of Engineers for having passed parts 'a' and 'b' of the associate Membership Examination of Institute of Engineers and must have put in service of not less than two years in the cadre of Supreintending Engineer.

(3.) IN the services of the Corporation, there is no cadre or post of Engineer - in-Chief. Therefore, in the administrative exigencies, the Corporation had sought for sanction or creation of the post of Engineer-in-Chief. Pursuant to the request so made, the State Government had passed an order dated 9. 2. 2000, creating the post of Engineer-in-Chief for a period of one year. The Corporation based on the permission accorded by the State Government, had appointed one Sri R. Jayaprasad, a retired Chief Engineer to function as Engineer-in-Chief on contract basis on deputation from Public Works Department. After the expiry of the initial contract period, the state Government by an order dated 3. 9. 2001 extended the services of Sri. R. Jayaprasad for a further period of one year. The term of his appointment came to an end on 26. 2. 2003. Thereafter, sri G. N. Rasqueena was appointed as Engineer-in-Chief on deputation from Public Works department (P. W. D) and was relieved from the services of the Corporation on being appointed as Secretary in the Public Works Department. Thereafter, Sri. Ramegowda, who was working as chief Engineer in the Corporation was appointed to the said post on "incharge arrangement".