NAGENDRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Validity of Rules/Orders absorbing certain officers of Development Department of districts of Gulbarga, Bidar and Raichur. Panchayat Extension Officers having no parent department and ministerial station the establishment of Taluk Development Boards including Ex-District Boards/ District Local Boards staff absorbed previously in Taluk Development Board Services, in corresponding posts of Revenue Department, as on 28-7-1976 are questioned by a few officers of Revenue Department on the ground that interpolation of these officers has marred their prospects, promotional chances have become bleak and rules are ultra vires; while grievance of some absorbed officials is that denial of their previous services is violative of Articles 14 and 16 of the Constitution of India; some plead for absorption in an equivalent cadre and a few of them contend that absorption without providing right of option is illegal.

(2.) Petitioners in Writ Petition No. 3956 of 1980 are Sheristedars, First Division Clerks and First Grade Revenue Inspector of the Revenue Department. Their Contention is that Rules providing for absorption is beyond the pale of rule making power; on account of interpolation of various officers, interse seniority of petitioners vis-a-vis absorbed officials is affected; opposed to Rule 6 of Seniority Rules and process of absorption not being one of the method of recruitment, Rules/Orders through which absorption are made are illegal.

(3.) Petitioner in Writ Petition No. 3303 of 1980 is an official of Ex-District Board whose services stood absorbed in Bantwal Taluk Development Board as per Government Order dated 22-11-1967. He has been promoted as an Accountant on 8-5-1974 in pay scale of Rs. 160-320. He pleads for absorption of post of Accountant with Sheristedar / Deputy Tahsildars, which according to him would be an equivalent post and his absorption as First Division Clerk in Revenue Department is illegal.