G V HIREMATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The above writ petition coming up for orders, by consent of Counsel for parties, is taken up for final hearing as the question involved here has already been decided in a number of decisions of this Court.

(2.) The facts leading to this petition are as follows: The petitioner was an employee of the State Government, in the Department of Co-operative Societies. On 2-3-1977 by an order passed by virtue of power conferred under Note-I to Rule 285 of the Karnataka Civil Services Rules, 1958, (hereinafter referred to as the Rules), the petitioner was compulsorily retired by the Government. This was at the time when the Country was in a state of internal emergency. Consequent upon the lifting of the emergency and the report submitted by the Shah Commission, the Government as a matter of policy, issued notification inviting all compulsorily retired officials to make representations for re-employment in the State Services. On the representation made by the petitioner, he was re-employed by an order dated 24-1-1978 and was posted as the General Manager, Co-operative Spinning Mills, Belgaum. The petitioner has alleged that he reported for duty pursuant to the order dated 24-1-1978, on 4-2-1978, as per Exhibit-E to the petition. However, on 28-2-1978, at the Board meeting of the Belgaum Co-operative Spinning Mills Ltd., a resolution was passed unanimously, requesting the Registrar of Co-operative Societies Karnataka to withdraw the services of the petitioner, for the reasons given in the resolution.

(3.) It is relevant at this stage to point out that the respondent-State has not filed any return. But, on the basis of the information available in the records the learned Government Pleader stated that on 14-4- 1978 the Belgaum Co-operative Spinning Mills Ltd. informed the Registrar that the petitioner was relieved on 14-4-1978 and requested the Registrar of Co-operative Societies to give a posting order to the petitioner. On 27-4-1978 the petitioner applied for 35 days leave on medical grounds. It is averred that he was medically examined on 26-4-1978 and it was found that the petitioner was suffering from Low blood pressure, Nueritis, etc., and was advised complete rest for five weeks. The certificates of the R.M.O. and Surgeon of the Civil Hospital at Belgaum have been annexed to the petition as exhibits in support of the averment. The petitioner received on 30-4- 1978 a notification dated 24-4-1978 by which he was transferred and posted as Secretary, Co-operative Sugar Factory Ltd., Raibag. He made a representation to the Hon'ble Minister for Co-operation praying for a posting to Bangalore. It is averred that the Government was pleased to accept the representation and the Hon'ble Minister for Co-operation is stated to have made an order to post the petitioner as the Secretary to Gouribidanur Co-operative Sugar Factory Ltd. Pursuant to the said order, as evidenced by Exht-O, the Government issued a further notification ordering the transfer of the petitioner to the post of the General Manager, Gowribidanur Sakkare Karkane Ltd., with immediate effect. The said order is dated 15-6-1978. The petitioner, on receipt of that order reported himself for duty at Gowribidanur on 19-6- 1978. There are certain averments concerning the apprehension of the petitioner of termination of services which may not be relevant to be narrated for the purpose of disposal of this petition. It suffices to state that on 13-12-1978 the petitioner approached this Hon'ble Court under Art 226(1) (a) (b) and (c) of the Constitution seeking relief inter alia contending that the notification of the Government dated 2-3- 1977 bearing No. RDC 181 SPL 76 compulsorily retiring him was not in accordance with law, it was arbitrary and without proper application of mind. The petitioner has further prayed that the respondent State be restrained from terminating his services to which he had re-entered after re-employment. This Court passed an interim stay as prayed for on 14-12-1978. However, it transpires that on 15-12-1978 a notification was issued by the Government terminating the services of the petitioner with immediate effect from the post he held at Gowribidanur in the Gowri bidanur Sahakari Sakkare Karkane Ltd. It is also to be noticed that in view of the stay order passed by this Court, the notification dated 15-12-1978 was kept in abeyance by a subsequent notification dated 19-12-1978. The petitioner is aggrieved not only by the original order of compulsory retirement passed by virtue of the power vested in the Government under Note-I to Rule 285 of the Rules but also by the subsequent order of termination dated 15-12-1978.