ANANTH PADMANABHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONER has questioned the communication dated 14. 5. 2007 from the first respondent to the second respondent.

(2.) PETITIONER claims that he was appointed as an Assistant Engineer on daily wage basis on 11. 4. 1989 and his services came to be regularized w. e. f. 11. 4. 1999. Under Section 84 of the Karnataka Municipal Corporations act, 1976 (hereinafter referred to as 'the Act',) power is conferred on the commissioner to make appointment to the post in the Corporation other than the posts to be filled either under Section 82 or Sections 85 and 86.

(3.) IN this regard, he referred to Section 82 of the Act and submitted that, posts like Officers of State Civil Service, Engineer, Health Officer, revenue Officer, Chief Accounts Officer, Council Secretary have to be appointed by the Government. He also referred to Rule 26 of the Karnataka municipal Corporations Rules, 1977 and submitted that, though under this Rule, the posts specified in column No. 2 are required to be appointed by the Government, which also includes the Assistant Engineer for Mysore corporation, however, said rule is contrary to Section 84 of the Act. Under section 84 of the Act, it is only the Commissioner, who is an appointing authority to appoint the candidates in respect of posts other than referred to under Sections 82, 85 and 86. Neither under Section 82 or Section 85 or section 86, the posts of Assistant Engineer or Executive Engineer are required to be filled up by the Government or by any other authority. It is only the Commissioner of the Corporation, who is the authority, who can fill the post of Assistant Executive Engineer. Under Rule 26 of the Rules, ratio is for the purpose of promotion to the post of Assistant Executive engineer form the lower cadre i. e. , Assistant Engineer and Junior engineer at a ratio of 2 : 1. He also submitted that, 25% Of the total posts are to be filled by deputation and remaining 75% posts on 2 : 1 ratio from the cadre of Assistant Engineer and Junior Engineer. Petitioner claims that he is an Assistant Engineer and from his cadre, there has been no promotion. He also submitted that, the first respondent by communication at Annexure-M has directed the second respondent-Corporation to promote the respondent No. 3 to the post of Assistant Executive Engineer: