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IN THE HIGH COURT on u
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Imla. B'i_--'_. SECRETARY
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VEDHANA saunas; ,
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
docsnotsufi't:1'fin1nanycxIororiIicias!x3ca11for
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