MUNIYAPPA NAIDU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is a person holding the post of Senior Health Inspector under the State Govt on a substantive basis. His services were transferred to the Corcoration of the City of Bangalore which was considered as foreign service under the Karnataka Civil Services Rules. While he was working a.s Senior Health Inspector under the Corporation, it passed a resolution on 30-12-1974 stating that the services of certain persons who were working in its Health Dept, including those of the petitioner, be absorbed in the Corporation by appointing them as the employees of the Corporation after obtaining the previous sanction of the State Govt as required under S.89 of the City of Bangalore Municipal Corporation Act, 1949. The State Govt accorded its sanction to the said resolution by order d| .6-5-75(Ext.C). On receipt of the said Govt Order, the Administrator of the Corporation who had assumed the duties by then wrote to the State Govt on 19--7-1975 stating that the question of absorption of the sixteen Senior Health Inspectors, including the petitioner, might be deferred, in view of the fact that the uniform Municipal Service was about to be brought into force. On the basis of the said letter, the Govt passed the order d| .25-8-1975 (Ext.D), impugned in this writ peitition, withdrawing its earlier order d .6-5-1975.

(2.) In this writ petition it was urged by Sri Murlidhar Rao, learned Counsel for the petitioner, that the Govt had no competence to withdraw the order passed by it earlier by the impugned order d/.25-8-75. He further, contended that by virtue of the resolution of the Corporation d .30-12-74, the petitioner had become an employee of the Corporation.

(3.) It is not disputed that under the Karnataka Civil Service Rules there are provisions governing the conditions of service of persons holding civil posts under the Govt who are deputed to. work in foreign services, such as the Municipal Corporation. By merely transferring the services of its employee to a foreign service, the Govt would not lose all control over him. The conditions of service of a person transferred to foreign service are dealt with in Part VII, Chap.XXVI Foreign Service Rules of the Karnataka Civil Services Rules, 1958. It is relevant to refer, at this stage, to Rule 445. It reads thus : 445. A Govt servant trasferred to foreign service remains, subject to the general and disciplinary rules which would have applied to him as a servant of Govt, had he not been so transferred.