LAWS(KAR)-2007-9-84

SHIVANNA S/O LATE GOVINDAIAH Vs. THE COMMAND AREA DEVELOPMENT AUTHORITY, CAUVERY BASIN PROJECT, NARASIMHAIAH S/O. LATE NARASIMHAIAH AND STATE OF KARNATAKA BY ITS SECRETARY TO THE GOVERNMENT, WATER RESOURCES DEPARTMENT

Decided On September 06, 2007
Shivanna S/O Late Govindaiah Appellant
V/S
Command Area Development Authority, Cauvery Basin Project, Narasimhaiah S/O. Late Narasimhaiah And State Of Karnataka By Its Secretary To The Government, Water Resources Department Respondents

JUDGEMENT

(1.) THOUGH the matter has come up for orders on the application for vacating the interim order of stay granted by this Court on 26.7.2006, with the consent of learned Counsel for the parties, the matter is taken up for disposal and disposed of as under.

(2.) WRIT petition by a person who had been initially absorbed as a First Division Assistant in the services of the respondent No. 1 - Command Area Development Authority. The absorption of the petitioner was along with 78 other similar employees who it appears were earlier either Government servants or came from elsewhere in terms of a resolution passed by the respondent No. 1 -employer purporting to act under Rule -9 of the Karnataka Command Area Development Authority [Cadre Recruitment Rules] 1987.

(3.) THIS Court in terms of the order dated 26.7.2006 while issued emergent notice to the respondent No. 1 -employer - Command Area Development Authority, Cauvery Basin Project, respondent No. 2 - a person who was also a First Division Assistant and who was working in the very organization agitating that the promotion given to the petitioner was not proper; that he ranking higher in the seniority list of first division assistant should have been considered for promotion and not the petitioner and the respondent No. 3 - State of Karnataka, the order which was impugned in the writ petition, namely, order dated 13.6.2006 [copy at Annexure - Q] was stayed.