M. BYRAPPA Vs. STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) Petitioner when appointed as a Kannada and English typist by the Chief Officer, Town Municipal Council, Hoskote was issued with an appointment order dated 24.12.1985, Annexure-A, without being preceded by issue of notification inviting applications for filling up of vacant posts of Kannada and English typist, in terms of the Karnataka Municipalities (Recruitment of Officers and Servants) Rules, 1971, for short 'Rules', framed under the Karnataka Municipalities Act, 1964 (Karnataka Act 22/64).

(2.) According to the petitioner, he has been discharging duties of Kannada and English Typist ever since such an appointment on temporary basis, but, paid salary on par with that attached to the said post. Petitioner claiming to have discharged duties for almost 30 years, on the verge of attaining age of superannuation has presented this petition for the following reliefs:

(3.) It is an admitted fact that in the first place, petitioner was not recruited in the regular process of recruitment under the 'Rules'and therefore, cannot claim any benefit muchless a declaration that he is deemed to have been appointed on regular basis. That relief must stand rejected and as a consequence is disentitled to the other reliefs.