C MUNIYAPPA NAIDU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal was presented against the order dt.22-9-75 of Venkataramaiah, J, dismissing WP.4482/75. The appellant is a member of the State Civil Services in the rank of Senior Health Inspector. His services were transferred to the Municipal Corporation of the City of Bangalore the service wherein was considered as a foreign service under the Karnataka Civil Services Rules. While he was working as Senior Health Inspector under the Corporation the Corporation passed a resolution on 30-12-1974 to the effect that the services of certain persons who were working in its Health Dept, including the appellant, be absorbed as employees of the Corporation after obtainingthe previous sanction of the State Govt. The State Govt accorded its sanction to the said resolution by its order dt.6-5-75. On 19-7-75 the Administrator of the Corporation, who had assumed the duties by then, wrote to the State Govt stating that the question of absorption of the sixteen Senior Health Inspectors, including the appellant, might be deferred in view of the fact that uniform Municipal Service Rules were about to be brought into force. On the basis of the said letter the Govt issued an order dt.25-8-75 withdrawing the sanction accorded earlier in its order dt.6-5-1975.

(2.) The contention of the appellant is that he had become a permanent employee of the Corporation as soon as the Govt accorded its sanction on 6-5-75 and that the Govt had no competence to withdraw it by the later order dt.25-8-75. The learned Single Judge rejected both the contentions and dismissed the writ petition.

(3.) The main question to be decided in this appeal is whether the Govt could withdraw the sanction which had been accorded by it earlier by its order dt.6-5-1975.