A G BHEEMRAJU Vs. STATE OF KARNATAKARESENTED

JUDGEMENT

(1.) THIS Writ Appeal is filed against the Judgment dt. 20. 1. 2006 in Writ Petition No. 25372/2005, which was dismissed by the learned Single Judge. The appellants are the petitioners in the Writ petition.

(2.) THE challenge in the Writ Petition was against Annexure-A circular dt. 25. 8. 2005 issued by the Government of Karnataka. As per Annexure-A circular, deputation of persons other than government servants to technical posts in the A. P. M. C is prohibited. The said circular was issued by the Government in the light of the Judgment of the High Court of Karnataka in Writ petition No. 9639/2005 wherein it was observed by the High Court that in view of Section 58 of the Karnataka APM (Regulation) Act, 1966 any deputation made to A. P. M. C from non-Government source is bad in law.

(3.) ADMITTEDLY, the first and the third petitioners are the employees of the Karnataka Power transmission Corporation Limited. The second petitioner is an employee of the Karnataka State small Industries Development Corporation and the 4th- petitioner is an employee of the SJM polytechnic, Chitradurga. All the petitioners were appointed in the A. P. M. C on deputation. Apprehending that deputation will be terminated and that they will be repatriated to parent organization on the basis of Annexure-A circular, the petitioners filed the Writ Petition praying to quash Annexure-A circular. The learned Single Judge dismissed the Writ Petition holding that the circular is in accordance with Section 58 of the Act. Aggrieved by the dismissal of the Writ petition, the petitioners have filed this appeal.