RAMEGOUWDA Vs. STATE OF KARNATAKA AND OTHERS

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 (reported in 2005 AIR -Kant HCR 2238), 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 Superintending Engineer.

(3.) THE post of Engineer -in -Chief was created by the State Government in the services of the Corporation by an order dated 22 -6 -2002 and subsequently, by an order dated 19 -2 -2004, prescribed the method of recruitment on the post of Engineer -in -Chief. The criteria provided therein was, by promotion from the cadre of Chief Engineer in the Bangalore Mahanagara Palike on the basis of seniority and if no suitable candidate is available for promotion, by deputation of an officer of the rank of Engineer -in -Chief from the Karnataka Public Works Department, Engineering Services. The other criteria that was prescribed is that, the aspirant must have put in a service of not less than two years as Chief Engineer. Since the 5th respondent in the writ petitions fulfilled the eligibility criteria prescribed in the Government Order dated 19 -2 -2004, he was regularly appointed as Engineer -in -Chief. He retired from service on 31 -5 -2005 on attaining the age of superannuation.