LAWS(KAR)-2015-9-185

K. NARSIMHAMURTHY Vs. STATE OF KARNATAKA AND ORS.

Decided On September 03, 2015
K. Narsimhamurthy Appellant
V/S
State of Karnataka and Ors. Respondents

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner, the learned Government Pleader for State and the learned counsel for respondents.

(2.) IT is the case of the petitioner that he had entered service of the respondent Zilla Panchayat, which was earlier called as Zilla Parishad in the year 1988. It is stated that when the personnel were recruited in terms of the directions of the erstwhile Zilla Parishad, through the Employment Exchange, there was no Cadre and Recruitment Rules framed under Article 309 of the Constitution of India and the appointments were made under executive orders issued from the Government from time to time. The period till the framing of Recruitment Rules were, therefore, considered as "a No Rule Zone". However, the appointments were to be considered as valid and legal.

(3.) IT is the petitioner's case that respondents No. 3 to 7 were appointed as Typists in the erstwhile Taluk Development Board and District Rural Development Scheme (hereinafter referred to as 'DRDS Scheme', for brevity). The State Government, had therefore, issued directions for absorption of such temporary staff, who were appointed under the said Scheme and by an order dated 06.07.1989. The respondent No. 2 had absorbed respondents No. 3 to 7 with effect from 23.06.1989 as Typists. Similarly the petitioner service was regularized by an order dated 02.01.1991 with effect from 02.01.1990.