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Karnataka High Court · body

2005 DIGILAW 92 (KAR)

MALLIKARJUN v. STATE OF KARNATAKA

2005-02-07

K.SREEDHAR RAO

body2005
ORDER The petitioner was appointed and working as Stenographer under the 2nd respondent. The third respondent issued public citation calling for applications for the post of Stenographer. The petitioner applied to the post and was selected in the reserved quota carrying benefit of Rural weightage. The Supreme Court held that rural weightage benefit given under Rule 3(b) of the Karnataka Civil Services (General Recruitment) Rules, 1977 is illegal and unconstitutional. Consequential the petitioner stood discharged from the service by the order of the third respondent vide order at Annexure-M, dated 12-8-2003. 2. The petitioner claims that by virtue of the provisions in Rule 5 of the Karnataka Civil Services (Probation) Rules, 1977, he should be reappointed by the second respondent in the district judiciary of Karnataka. The provisions of Rule 5 reads thus: "5. Declaration of satisfactory completion of Probation etc.-(1) At the end of the prescribed or, as the case may be, the reduced or extended period of probation, the Appointing Authority shall consider the suitability of the probationer to hold the post to which he was appointed, and.- (a) if it decides that the probationer is suitable to hold the post to which he was appointed and has passed the special examinations or tests, if any, required to be passed during the period of probation it shall, as soon as possible, issue an order declaring the probationer to have satisfactorily completed his probation and such an order shall have effect from the date of the expiry of the prescribed, reduced or extended period of probation; (b) if the Appointing Authority decides that the probationer is not suitable to hold the post to which he was appointed or has not passed the special examinations or special tests, if any, required to be passed during the period of probation, it shall unless the period of probation is extended under Rule 4; by order, discharge him from service. (2) A probationer shall not be considered to have satisfactorily completed the probation unless a specific order to that effect is passed. Any delay in the issue of an order under sub-rule (1) shall not entitle the probationer to be deemed to have satisfactorily completed his probation. Note.-In this rule and Rule 6 discharge' in the case of probationer appointed from another service or post, means reversion to that service or post". Any delay in the issue of an order under sub-rule (1) shall not entitle the probationer to be deemed to have satisfactorily completed his probation. Note.-In this rule and Rule 6 discharge' in the case of probationer appointed from another service or post, means reversion to that service or post". The close reading of the provisions of Rule 5 discloses that a person appointed on a probation to a post in the Karnataka Civil Services Rules, 1958, if discharge is entitled to get back to the earlier post held by him, in Karnataka State Civil Services. The note appended to Rule 5 makes the position clear that discharge in a case of probation appointed from one service or post means reversion of that service or post. 3. Indeed, the Government has made a similar interpretation while giving benefit to some of the Judicial Officers, who stood discharged from the post after the judgment of the Supreme Court and those officers, who were earlier appointed as Assistant Public Prosecutors were reappointed to the posts of Assistant "Public "Prosecutors by interpreting Rule 5 in the manner stated above. In that view of the matter, the petitioner will also be entitled to a similar benefit under Rule 5. Therefore, it is directed that the second respondent shall appoint the petitioner to the post of Stenographer in the unit of District and Sessions Judge, Bijapur. The impugned order at Annexure-X, is therefore, quashed. The writ petition is allowed. The learned High Court Government Pleader is permitted to file memo of appearance within four weeks.