A NARAYANA RAO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner, an Additional Director of Health and Family Welfare Services of the State Government, on deputation as Health Officer, Corporation of the City of Bangalore, has presented this Writ Petition, praying for quashing the appointment of Respondent 2 as the Director of Health and Family Welfare Services ('the Director' for short) and for the issue of a Writ of Mandamus directing the State Government to appoint him as the Director.

(2.) The Petition has come up for preliminary hearing after notice to the Respondents. By consent of the Counsel appearing for the parties, the Petition is taken up for final hearing.

(3.) The facts of the case, in brief, are as follows : The petitioner who was a Joint Director of Health and Family Welfare Services was promoted as Additional Director of Health and Family Services on 8-9-1982 (Annexure-B) in accordance with the Karnataka Directorate of Health and Family Welfare Services Recruitment Rules, 1965 ('the Rules' for short). The notification dated 9-12-1983, the ser-vices of the petitioner were placed at the disposal of the Housing and Urban Development Department for being posted as Health Officer of the Corporation of the City of Bangalore (Annexure-C). By notification dated 12-12-1983 (Annexure-D), the State Government in exercise of its power under sub-section (1) of Section 82 of the Karnataka Municipal Corporations Act, 1976, appointed the petitioner as Health Officer of the Corporation of the City of Bangalore. Pursuant to the said order, the petitioner took charge as Health Officer of the Corporation and is continuing there.