N CHANDRASEKHARAIAH Vs. SECRETARY KARNATAKA LEGISLATIVE COUNCIL

JUDGEMENT

(1.) IN this writ petition, the petitioner is calling in question the order dated 03. 06. 1999 passed by the 1st respondent thereby promoting Sri. S. Dwarakanath, the respondent no. 3 herein as Editor of Debates. Further, the petitioner has sought for a direction to the 1st respondent to promote him to the post of Editor of Debates in the place of 3rd respondent with retospective effect from 03. 06. 1999 with all consequential benefits. Petitioner has also challenged the Karnataka Legislative Council Secretariat (Recruitment and Conditions of Service) Rules 1998 insofar as they prescribe degree from a recognised University with Kannada as second language or as an optional subject as academic qualification for the post of Editor of Debates.

(2.) IT is the case of the petitioner that he was appointed as a Kannada reporter in the Karnataka legislature Secretariat and that he reported for duty on 27. 04. 1973. That he possessed the requisite qualification prescribed for the post namely a pass in SSLC with a certificate showing proficiency in Kannada shorthand examination. That during 1997, the Karnataka Legislature secretariat was bifurcated into two independent Secretariats known as The Karnataka Legislative assembly Secretariat and The Karnataka Legislative Council Secretariat. Upon bifurcation, the petitioner opted to work in the Karnataka Legislative Council Secretariat. The Service Rules for the staff working in the Karnataka Legislative Council Secretariat was published as per the notification dated 20. 08. 1998. The said Rules have come into effect from 02. 04. 1998. Copy of the Rules is produced at Annexure-G. Petitioner was working as Recording Officer since 17. 09. 1984, which post is equivalent to the post of Assistant Editor of Debates. The next promotional post is to the cadre of Editor of Debates. He has obtained Post Graduate degree, that is, M. A. in Kannada awarded by the Open University as a correspondence course. Since he is the senior most Recording Officer/assistant Editor of Debates ranked at serial number one in the seniority list, he made representations seeking promotion to the next higher grade of Editor of debates against the vacant post. But, without considering his case, the 3rd respondent came to be promoted by order dated 03. 06. 1999, which is impugned in this writ petition.

(3.) LEARNED counsel for the petitioner has raised the following contentions: