High Court Karnataka High Court

Balakrishna Suvarna vs The State Of Karnataka on 25 May, 2009

Karnataka High Court
Balakrishna Suvarna vs The State Of Karnataka on 25 May, 2009
Author: P.D.Dinakaran(Cj) & V.G.Sabhahit
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IN THE HIGH COURT on    u 

DATED 'mas THE 25th DA¥f40F'%MM %[»'?0€?f9   A'

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ms HONBLE MR. mo.  
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1

*  ~  DRLAMBEQKAR V2303:
A -   BANGALORE

  2"; THE commissions or COMEMRCIAL Tum

GANBHINAGAR, GAHDHINAGAR,
K. GROAD, BANGALORE.  RESPONDENTS

V {By Sri:B.VEERAPPA, GA. )

THIS WP IS FILED PRAYING TO SET ASIDE THE
I3″I’.1.1i2.08, VIDE ANN-A AND TO DIRECT THE R1

CONFIRM THE SDA /soc, mgr W.E.F.31.5.1:*984jV’WT§’E_{
ALL CONSEQUENTIAL BENEFITS AND QUAS¥:i DATE.” or—T ~

CONFWRMATION OF SDA] SDC P03′? 9!’. 11.3, _

This Writ pctifimn oom’mg up

this day, SABHAHIT .5., made the
°_mRvwR
This writ pctitiop is in
Application No.657o/2e(.i1_A of Kaznataka
Adm1ms’ ‘ fixative Txfiunafi

Banga1(:;’e,__ fthc order dated 1.12.2008
w1Jx:m1n’ tbs ‘ the 3PPli°3’i011 fled by
the ” ‘V

K petitioner harem’ filed appficafion

A for a direction to the Iespflcnts to

_ dechre applicant be oonfixw ha tbs pmt ofS!)A

7 fie} Qt fmm 31.5.1984 wzithnall consoqucnfial was

‘ iioaaclaze &cw ortlaemucwauothzposz

.,of§SDA with em»: fauna 11.3.1935 as illegal am to quash the

A order dated 24.3.2001.

xi”

3. It is avcrmd in the app%tion that V.

appointed as Bill Collector in the

Department by older dated 5.10-.’1’9′}”9. 1′

11.10.1979. He discharged his

pence!’ offive yeasts and a1ong1wu..:f”‘:; .Bi13._()qBectoV”: has ” 1′

quafificd to hold the post dated
31.5.1984 appficant charge of
the post of sm [Gzpup-CV’pO£$t} of Note-

2 of R’g11é'”V32.iOf Sexviec Rukcs by the
Cozz1m)’s:V*s:io:n.er’ .¢f[f :1 Taxes. The agmeamt

completed cxamma’ iions of Commercial’

«and Accounts I-lighcr, Gcncxfi Law

‘vai1:1;’..11*duzing June, 1985 and by oxrlcr dated

of Conamczcial Tam hm he-<1

; datekof as SDA with urine: fmm 11.3.1986

Vb: 31.5.1934 md the said aides" pamed by the

-1 of Comzcial Tma-.23 fixing the dais: of

1 “1égularisafion as SBA fivom 11.3.1986 is ermnuous am! the

applicantiscntifledtobercgulmisedasSDAwithm%ctfir>m

\J’

4
31.5.1984 and therefore, the applioahion was flied bcfine the

Txibunal.

4. The appficafion was resisted by the _

contemiing that the petitioner passed the ”

and certificate was issued to that

thercfom, he had appeared ‘fog

month of March, 1986 and of
the petitioner in the posmf just1fied’

examma’ » éafter’ oons:idcnng’ the contention
of for the petitioner and the

.P;eadefv”t§§ order dated 1.12.1008 mm mm was

am passed the deparmamx

March, 1986 and certificwe was iasued to

by tag was on 15.4.1986, the pe’a’tione-1′ would

efifibhe for promotion of higher post nnme m hm

V the Kama langam mum’ arson and the

prescribed departmcntai einaiojtzs. The deparmenmi

emixzzation rules are appficahie to all V.

except class-IV posts and since the petifioner

the prescribed departmental exami1y;afiOn« V

in independent charge of the post df ”

been 1ightlyn’:gu1ansed’ from ’13. ,j’3;19s6; ” A

dcparhnentnl examma’ tier; guy. ma vthatithezeis
no merit in the same. Bem’ g
aggr1eved’ by th¢;s.w~ __’ dimmis” by order
dated the manual has
Wrif H

learned oounsei ‘ £01″

.4_,11Ae Add}. Govemment Advocah:

V’ gespondcnts.

that petitioner had been phced on mdependent

with eflhct finm 31.5.1934 and he had paged the

‘ examination withfim the time me! he Wm

. entitled to decimation of confirmation in the post 01’ SEA

W

with efibct from 31.5.1934 itscfiand confirmation in

of son. with effect from 11.3.1986 is

therefore, the order passed by the Tribtmal is ‘

aside.

T. On the other hand,      ;

of the order passed by the  =    '   since
petitioner rm passed  held in
March, 1986,     '  rcgularised

with  he is not cntitied to

mguIar1sa’ “£:i_o11,of 31.5.1984 as sought for in

the a§:p1%gation tiic

1 .o1; lwmed counsel ap%rmg’ . for the parties’

the mterial on record.

material on mom would cmay show that the

‘ iiigtfiioncr was appointed as a B5}! Coflecfior by older am

5.10.1979 and though he was (31% to non thc post of

SBA he had not passed the departmental

therefore, he was placed in charge of
SDA and the said promotion hm ” =

that the petitioner appeaxvfi .fOzt__ >

hcki in March, 1986 and for the
cxaflnlnativns has on”1V5.4.1S&,
passing &’ dcpartxncntalw pm-

mquisi1f;é”f5r’ 1? If v1}az”of ti*.’V<ViVV';V§v1t)motion and thexe1b- re,
mere that' in ilaxicpenxknt chmwy

'~ to the post of SDA would not by itself

to a declarafimn that he is crawled' to

tio§';1'§§i'VVpzo:aaot5on mu easact fmm 31.5.1934, 'm

conceded fact that pemom weed that

K " gtgpamnénml examination and became em}: for

6;!" promotion to tm post of SBA from

11.3.1935, the order passcd by the Tribunai is jusaaed am

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