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1972 DIGILAW 172 (KAR)

K. VENKATAPPA v. STATE OF MYSORE

1972-07-24

DATAR, GOVINDA BHAT

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GOVINDA BHAT, J. ( 1 ) THE petitioner was appointed as a local candidate for the post of a II division Clerk by the Director of Public Instruction in Mysore, Bangalore, on 8-8-1963 and posted to the office of the Medical Inspector of Schools. In the year 1966, the Governor of Mysore, in exercise of the power conferred on him by the proviso to Article 309 of the Constitution, promulgated what are called the Mysore State Civil Service (Recruitment of Local candidates to class III posts) Rule 1966 (hereinafter called 'the Rules' ). Rule 3 of the rules provides that the local candidates who possess the qualifications specified in sub-rule (2) shall be appointed as regular candidates by the appointing authority. By a Memo dated 13-11-1968 issued by the 2nd respondent, the petitioner was informed that his-services were regularised under the Rules. On 20-12-1967, the Government passed an order directing that such of the local candidates who were Graduate II Division Clerks or typists on 1-4-1962 or who became graduates subsequently on appointment regularly as per relevant rules of recruitment etc. , shall be given certain increments. On 1-2-1969, the 2nd respondent "passed an order allowing two increments with effect from 13-11-1968 to the petitioner. In this writ petition the petitioner has prayed for a declaration that the date of his regularisation shall be deemed to have taken effect from the date of his first appointment on 8-8-1963 or in the alternative from 17-8-1966, the date of the coming into force of the Rules. He further prays for declaration that he is entitled to four increments from the date of his first appointment on 8-8-1963 or atleast from 17-8-1966. ( 2 ) THE question that arises for decision in this writ petition is whether the date of the appointment of a local candidate whose services are regularised under the Rules shall be deemed to have taken effect from a date earlier to the date of his appointment made under Rule 3. There is no express provision made under the Rules to the effect that the regularisation shall take effect from the date of the appointment as a local candidate or the date of the coming into force of the Rules. There is sufficient indication in the Rules to repel the contention of the petitioner. There is no express provision made under the Rules to the effect that the regularisation shall take effect from the date of the appointment as a local candidate or the date of the coming into force of the Rules. There is sufficient indication in the Rules to repel the contention of the petitioner. Sub-rule (1) of Rule 3 provides that the services of local candidates who possess the requisite qualifications be regularised by the appointing authorities concerned. Therefore, a specific order by the appointing authority regularising the appointment under R. 3 is required. R. 5 which provides for fixation of initial pay and reckoning of service for purposes of leave, increment etc. , reads thus:"notwithstanding anything contained in the Mysore Civil Services rules and notwithstanding the appointment. of a candidate to any category of post in a Department other than the department in which he was serving immediately before the date of his appointment under rule 4, (1) the initial basic pay of a candidate shall be so fixed in the scale of pay of the category of post to which he is appointed under R. 4 at such stage that it shall not be less than the basic pay that he was eligible to draw in the scale of pay of the pest held by him immediately before the date of his appointment under Rule 4; and (2) the service rendered by a person as a local candidate until the date of his appointment under these rules shall count for purposes of leave, increment and pension in the same manner and to the same extent and subject to the same conditions applicable to a temporary government servant. " ( 3 ) IF the date of regularisation under R. 3 has to be deemed as the date of appointment as local candidate or the date of the Rules, then it was unnecessary to state in Rule 5 that the service rendered by a person as a local candidate until the date of his appointment under the Rules shall count for purposes of leave, increment and pension in the same manner and to the same extent and subject to the same conditions applicable to a temporary government servant. If the intention of the Rules were that the appointment by way of a regularisation of service shall take effect from the date of coming into force of the Rules, then in R. 5 it would have been stated that the service rendered by a person as a local candidate until the date of the coming into force of the Rules shall count for purposes of leave, increment and pension etc, ( 4 ) THE learned counsel for the petitioner cited before us certain decisipns of this court. But it is unnecessary to refer to the same since they have no bearing on the question of interpretation of the Rules. On a plain reading of the Rules, we are of the clear opinion that the Rules provide for a specific order of appointment under Rule 3 and that is the date of regularisation and the said date cannot take effect from the date of his first appointment as local candidate or from the date of the coming into force of the Rules. ( 5 ) THEREFORE, the main contention urged by the learned counsel for the petitioner in our opinion, is clearly untenable and has to be rejected. The claim of the petitioner that he is entitled to four increments is consequential to his obtaining the first relief, namely that the date of his regularisation should be deemed to be the date of his first appointment or the date of the coming into force of the Rules. His first contention having failed, the second contention also fails with the same. Hence, this writ petition fails and is dismissed. No costs. --- *** --- .