V R SHAMBULINGA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In these two writ petitions presented tinder Article 226 of the Constitution oi India, by the petitioners, who are Motor Vehicle Inspectors in the Motor Vehicles Department in the State Government challenging the legality of the Government Order upgrading 54 posts of Motor Vehicle Inspectors and designating them as Senior Inspectors of Motor Vehicles and directing the posting of respondents 3 to 50 as Senior Inspectors of Motor Vehicles, the following question of law arises for consideration: Whether the State, in exercise of its executive power could upgrade some of the posts belonging to a cadre, the method of recruitment to which is governed by rules frame under proviso to Article 309 of the Constitution, and could fix higher pay scale and higher duties and responsibilities to such upgraded posts? When these cases came up for preliminary hearing, after hearing the learned counsel for the petitioner, I was not satisfied that this is a case in which rule nisi should be issued. At that stage, Learned counsel for the petitioner submitted that rule nisi has been issued in a similar case, i.e., W.P. 3564 of of 1979. Hence, I directed issue of rule nisi and directed the Government Advocate to take notice and posted the case for hearing as I considered that the case could be disposed of after hearing the counsel for the petitioner and the Government Advocate for the State and notice to other respondents was unnecessary. Accordingly the matter has come up for hearing today.

(2.) The petitioners are Inspectors of Motor Vehicles in the Motor Vehicles Departrnent of the State Government. The cadre and recruitment rules of the department was promulgated by the Governor under proviso to Article 309 of the Constitution called the Karnataka General Services (Motor Vehicles Branch) (Recruitment) Rules, 1962. Along with the recruitment rules a notification sanctioning the cadre strength of several cadres of posts borne on the motor vehicles branch of the Karnataka General Services was also issued. According to the cadre notification, one of the cadres of executive posts created by the Government was that of Inspectors of Motor Vehicles. The recruitment rules prescribed the method of recruitment for the posts of Inspectors of Motor Vehicles as by way of direct recruitment. By an order made on 23-1-1979 the State Government upgraded 54 posts of Inspectors of Motor Vehicles as Senior Inspectors of Motor Vehicles in the pay scale of Rs. 660-1300. This order was made on the recommendation of the Transport Commissioner. The relevant portion of the order reads as follows: Order

(3.) learned counsel appearing for the petitioners contended that the creation of the posts of Senior Inspectors of Motor Vehicles is illegal for the reason that such creation contravenes the recruitment rules framed by the Governor under proviso to Article 309 of the Constitution.