B VENKOJI RAO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS writ petition filed under Articles 226 and 227 of the Constitution of India is directed against the order of the Karnataka Administrative Tribunal at Bangalore (for short, the Tribunal)dated 20th December, 2002 passed in Application Nos. 6631 to 6643 of 2001.

(2.) THE background facts leading to the filing the Applications before the Tribunal, in brief, are as follows: the petitioners herein were initially appointed as Reserve Police Constables in the establishment of the Karnataka State Reserve Police (KSRP ). According to the petitioners, before their appointment, they were subjected to practical training in the Central Jail printing press and on successful completion of the training they were posted to serve in the printing press as Police constables (Printing ). It is common case of the petitioners, the official respondents and the private respondents that till the year 1981 the cadre strength of various cadres of the printing press was not fixed. For the first time, the Government issued order bearing No. HD 34 PEM 81, bangalore, dated 11-11-1981 fixing the strength of the personnel in various cadres, twelve in number. Though cadre-strength was fixed in the above order in the year 1981, it is also admitted position that till date Cadre and Recruitment Rules are not framed by the Government of karnataka governing recruitment and promotion of the personnel in the printing press. It is stated that the draft rules were framed in 1987 by the Director General and Inspector General of Police and they have been forwarded to the Government and the Government has not yet approved the draft rules and, consequently, even as on today, there are no C and R Rules.

(3.) AFTER the Government issued Order dated 11-11-1981, the office of the Director General and inspector General of Police, Karnataka, issued a Memo dated 26th November, 1982 transferring/ posting the petitioners and certain others to the police printing press on deputation basis for a period of two years in the interest of public service and they were directed to report for duty to the Chief Officer of the Police printing press. Subsequently, the Director General and Inspector general of Police, Karnataka, issued Memo No. 181/sgp/ 4/82-83, dated 15-7-1983 in modification of the earlier Memo dated 26-11-1982 and posted the petitioners to work in the police printing press against the posts indicated against each of them. The memo dated 15-7-1983 reads as follows: