B T MANJUNATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN the instant case the petitioner has sought to declare that the post of Deputy Director in the Department of Food and Civil supplies and consumer Affairs can be filled up only by way of promotion as per the existing Cadre and Recruitment Rules and further assailing the correctness of the impugned notification dated 7. 6. 2007 as per annexures A and B respectively, presented the instant Writ Petition.

(2.) THE grievance made out by the petitioner in the instant Writ petition is that, assailing the correctness of the impugned notification deputing respondent No. 2 from the department of Co-operation to the place of the petitioner i. e. to the Department of Food and Civil supplies since as per the Cadre and Recruitment Rules it does not permit for filling up the said post by way of deputation, has filed the writ Petition. The further case of the petitioner is that the Government also cannot invoke the provisions of the KCS (General Recruitment)Rules, 1977 as the post held by the petitioner and Respondent No. 2 are in different grades and not equivalent. Further, the impugned notification has been issued only at the instance of Respondent No. 2 and for political considerations. This is prima facie seen from the notification which cannot be sustainable and is liable to be quashed and as there is no afficacious and effective remedy except to approach this Court invoking Articles 226 and 227 of the Constitution of India, the petitioner has approached this Court. It is further stated that though the petitioner could have approached the Karnataka Administrative Tribunal (for short 'the KAT'), since the KAT has become defunct due to the retirement of the Chairman, the Administrative Member who retired on 12. 6. 2007, there is no bench to take up the matters for hearing and only the Vice Chairman being the Acting Chairman cannot take up the matter for hearing because there is no Bench, he is constrained to redress his grievance by way of appropriate relief as stated above.

(3.) I have heard the Learned Counsel for the petitioner and the learned Government Pleader appearing for the respondent No. 1.