RAJEEVA ALWA Vs. SHANKARANARAYANA

JUDGEMENT

(1.) As the questions that arise for determination in these cases are common, we propose to dispose of them by a common judgment.

(2.) Under the Karnataka Contract Carriages (Acquisition) Act of 1976 (Karnataka Act 21 of 1976) ('the Act') which replaced the Karnataka Contract Carriages (Acquisition) Ordinance of 1976 (Karnataka Ordinance No. 7 of 1976) providing for acquisition of contract carriage permits and vehicles from their previous owners, as many as 2615 persons in different categories were absorbed in the Karnataka State Road transport Corporation (KSRTC) on and from 30-1-76 and thereafter. In these cases we are concerned with a limited question of those that are absorbable under the Act, that too only in two categories of Supervision Staff and Managers and Ministerial and Secretarial staff. We have in our Judgment rendered to-day in Karnataka State Road Transport Corporation, Bangalore v. Rajeev Alwa and ors., ILR1986 KAR 2794 traced the history of legislation, the various developments and facts of absorption under Section 19(3) of the Act. We do not therefore propose to re-state all of them in these cases. We may also state that our Judgment in these cases in reality is only a continuation of our Judgment in Rajeev Alwa's case, ILR1986 KAR 2794 .

(3.) Section 19 of the Act stipulated that the personnel absorbable and absorbed in different categories should be absorbed in the corresponding posts of the KSRTC. All those that were legally absorbable were required to be absorbed in the corresponding posts of the KSRTC. Section 19 of the Act while stipulating the category-wise ratio for absorption, also stipulated the guidelines for absorption of personnel working with ex-contract carriage operators. With the object of effectuating the scheme of absorption, Government of Karnataka constituted a High Power Committee presided over by the then Secretary to Government, Home Department Sri B.S. Hanuman ('Hanuman Committee') to examine and decide on the absorption of the personnel drawn from ex-contract carriage operators in the corresponding posts of the KSRTC under Section 19(3) of the Act. The Hanuman Committee held several meetings, carefully examined all aspects and ultimately on 2-6-1976 decided as hereunder : "GOVERNMENT OF KARNATAKA PROCEEDINGS OF THE MEETING OF THE COMMITTEE SET UP BY GOVERNMENT HELD IN THE CHAMBERS OF THE COMMISSIONER FOR HOME AFFAIRS AND SECRETARY TO GOVERNMENT ON 2ND JUNE 76, AT, 12-00 HOURS Ref: (i) Order No. HD 22 TRE 76 dated 18-3-1976 (ii) Order No. HD 22 TRE 76 dated 9-4-1976 (iii) Proceedings of the meeting KST. CO. ME. SPL. OFF/40 dated 31-5-1976. (iv) Meeting notice No. KST. CO. ME. SPL. OFF/45. dated 31-7-1976. The following officers were present: 1. Sri B.S. Hanuman, IAS Commissioner for Home Affairs Chairman 2. Sri S. Ramanathan, IAS Vice-Chairman, KSRTC Member 3. Sri. S.M. Patnaik, IAS, General Manager, KSRTC Member