MALLANGOUDA VEERANGOUDA PATIL Vs. DEPUTY COMMISSONER DHARWAR

JUDGEMENT

(1.) These three petitions raise a common question of law, and therefore, they shall stand disposed of by this common order. The facts as stated by the petitioners are theset The, petitioners were temporarily appointed as Typists by the Deputy Commr, Dharwar. Petitioner in WP.1848 of 1974 was appointed on 16th July, 1964; petitioner in WP.1849 of 1974 was appointed on 2nd Jan, 1960 and the petitioner in WP.1850 of 1974 was appointed on 19th Aug 1963. The petitioners do not possess the qualifications prescribed for the post of Typist but for want of suitable, hands, they were, appointed as Typists in view of their having passed the junior typewriting examination. It is admitted that they have the qualifications prescribed for the post of Second Division Clerk. On 26th Sep, 1964, the Governor in exercise of his powers conferred by the proviso to Art.309 of the Constn made the rules called 'the Karnataka Civil Services (Typists and Junior Assts/Second Divn Clerks) (Change of Cadre) Rules, 1964 (which I shall refer shortly as 'the Change of Cadre Rules')'. By these Rules, a Typist could change his cadre to that of Second Divn Clerk and also vice versas. On 17th Aug, 1966, the. Governor in exercise, of his powers conferred by the proviso to Art, 309 of the Constn made another Rule called ' Karnataka State Civil Services (Recruitment of Local Candidates to Class III Posts) Rules, 1966, providing procedure for regularising the services of local candidates.

(2.) If the petitioners have got requisite qualifications to hold the post of Typist their services would have been regularised, under the above Rules. But they could not get that benefit because admittedly they do not have the requisite qualifications prescribed for the post of Typist. Since they have the qualifications prescribed for the posit of Second Division Clerk, they requested the Deputy Commr to permit them to change their cadre of typist to that of 2nd Divn Clerks under the Change, of Cadre Rules, 1964. The Deputy Commr did not make any order either rejecting or allowing their request. On one fine morning he issued a notice to the petitioners informing them that their services would be terminated after the regularly recruited candidates are made available by the Public Service; Commission or Departmental Recruitment Committee, Belgaum. The notice d/.29th April, 1974 issued to the petitioner in WP.1848 of 1974 reads :

(3.) Similar notices have been issued to other two petitioners also. Challenging the validity of the said notices, the petitioners have moved this Court with applications under Art.226. In the statement of objections filed on behalf of the respondent, the case of the petitioners has been resisted by stating thus : "It is submitted that only those persons who were regularly appointed as Typists were entitled to change the cadre to that of Junior Assts Second Divn Clerks, provided they satisfy the conditions as laid down under the Change of Cadre Rules. As has been already stated, the petitioners were not regularly appointed as Typists and they did not have the necessary qualification for the post of Typist. In the absence of their requisite qualification for the post of Typist and in the absence of their being regularly recruited as Typists, they were not entitled to change their cadre to the cadre of Second Divn Clerk."