N K PAYANNAVAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner was initially appointed as Project Manager in Karnataka State Council for Science and Technology, which is respondent No.5 herein (in short 'respondent No.5 Council' for brevity).

(2.) The respondent No.5 - Council is under the Department of Science and Technology, Government of Karnataka. The petitioner was initially appointed on 17.11.1988 and he reported for duty on 22.11.1988. Respondent No.5 Council, by issuing orders from time to time continued the services of the petitioner. It is an admitted fact that in the respondent No.5 Council, there was a Cell for Renewable Energy Development Agency (in short 'CREDA' for brevity). This agency, CREDA, was later formed into an independent State organization and came to be known as Karnataka Renewable Energy Development Limited (in short 'KREDL' for brevity) as on 08.03.1996. Since the petitioner was already working in the specialized agency, ie., CREDA his services were requested by the newly formed organization KREDL. At the instance of KREDL six persons, who were already working with respondent No.5 Council in the separate specialized wing called CREDA, which include the petitioner herein were interviewed on 30.05.1996. On being satisfied with the candidature of the petitioner, KREDL wrote a letter to the respondent No.5 Council to depute the petitioner as it felt the services of the petitioner is essential to the KREDL. All required informations were collected from respondent No.5 Council and thereafter on 02.09.1996, at the instance of KREDL, the respondent No.5 Council, issued a relieving letter and the petitioner was deputed to KREDL for a period of five years.

(3.) Being satisfied with the services of the petitioner, KREDL wrote to the State Government seeking its approval for the promotion of the petitioner from the post of Technical Officer to Assistant General Manager. The State Government wrote back to KREDL on 16.12.2003 according permission to permanently absorb the petitioner to the post of Assistant General Manager. Consequently, by an order dated 30.12.2003, issued by respondent No.4 - Managing Director of KREDL, the services of the petitioner, who was working as Technical Officer, on deputation, on 28.08.2001 was permanently transferred to KREDL with effect from 31.07.2001.