HANUMANTHA RAO KULKARNI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant is the petitioner in Writ petition No. 11230/2006 which was dismissed by the learned Single Judge.

(2.) THE appellant was appointed as Additional Government Pleader at yadgiri in Gulbarga District vide Annexure-'a' notification dated 15. 9. 2001. The said appointment was for a period of three years from the date of annexure-'a' notification or until further orders whichever was earlier. Thereafter, vide Annexure-'b' notification dated 20. 1. 2005, the appointment of the appellant was extended for a further period of three years from 15. 9. 2004 or until further orders whichever was earlier. Admittedly, Annexures-'a' and 'b' notifications were issued under the karnataka Law Officers (Appointment and Conditions of Service) Rules, 1977 (for short the Rules ). It is clear from Annexure-'b' notification that the appointment was not a fresh appointment under Rule 26 of the Rules and that it was only an extension of the period of appointment already given under Annexure-'a' notification.

(3.) ACCORDING to Rule 5 (3) of the Rules, subject to the other provisions contained in the Rules, unless otherwise ordered in the order of appointment, a person appointed as a Law Officer shall hold office at a time, for a term not exceeding three years, but shall be eligible for reappointment 2after the expiry of such term. As per the proviso to the said rule 5 (3), notwithstanding the expiry of the term a Law Officer shall, unless otherwise ordered, continue in office until fresh appointment is made or for a period of 12 months whichever is earlier.