A. G. BHEEMRAJU GANGAIAH, MOHAMMED ASSIFULLA AMEER ULLAKHAN v. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY CO-OPERATION DEPARTMENT
2006-02-22
CYRIAC JOSEPH, MANJULA CHELLUR
body2006
DigiLaw.ai
CYRIAC JOSEPH C. J. ( 1 ) THIS Writ Appeal is filed against the Judgment dt. 20. 1. 2006 in Writ Petition No. 25372/2005, which was dismissed by the learned Single Judge. The appellants are the petitioners in the Writ petition. ( 2 ) THE challenge in the Writ Petition was against Annexure-A circular dt. 25. 8. 2005 issued by the Government of Karnataka. As per Annexure-A circular, deputation of persons other than government servants to technical posts in the A. P. M. C is prohibited. The said circular was issued by the Government in the light of the Judgment of the High Court of Karnataka in Writ petition No. 9639/2005 wherein it was observed by the High Court that in view of Section 58 of the Karnataka APM (Regulation) Act, 1966 any deputation made to A. P. M. C from non-Government source is bad in law. ( 3 ) ADMITTEDLY, the first and the third petitioners are the employees of the Karnataka Power transmission Corporation Limited. The second petitioner is an employee of the Karnataka State small Industries Development Corporation and the 4th- petitioner is an employee of the SJM polytechnic, Chitradurga. All the petitioners were appointed in the A. P. M. C on deputation. Apprehending that deputation will be terminated and that they will be repatriated to parent organization on the basis of Annexure-A circular, the petitioners filed the Writ Petition praying to quash Annexure-A circular. The learned Single Judge dismissed the Writ Petition holding that the circular is in accordance with Section 58 of the Act. Aggrieved by the dismissal of the Writ petition, the petitioners have filed this appeal. ( 4 ) SECTION 58 of the Karnataka APM (Regulation) Act, 1966 is extracted hereunder: section 58: Appointment of Secretary and technical staff to the market committee: (1) Every market committee shall have a Government servant as the Secretary appointed by the state Government or by an officer or authority authorised by the State Government in that behalf. (2) A market committee may also have a Government servant as an (Additional Secretary or assistant Secretary) or such number Assistant Secretaries as may be determined by (Director of agricultural Marketing,) appointed by the State Government or an officer or authority authorised by it in that behalf.
(2) A market committee may also have a Government servant as an (Additional Secretary or assistant Secretary) or such number Assistant Secretaries as may be determined by (Director of agricultural Marketing,) appointed by the State Government or an officer or authority authorised by it in that behalf. (3) The accounts and audit staff of every market committee shall consist of Government servants appointed by the State Government or by an officer or authority authorised by it in that behalf. (4) There may be an Engineer and other subordinate staff under him for a group of such number of market committees as the State Government may, considering the importance and the work in such market committees, by general or special order determine. (4-A) Save as otherwise provided in this Act the (State Government may on the recommendation of the Director of Agricultural Marketing) constitute an enforcement cell headed by an officer not below the rank of a Group-A officer of (the Karnataka Administrative Service or the karnataka State Marketing Service) to exercise such powers and perform all such duties as may be made, given, issued, exercised and performed by a market committee under any of the provisions of items (iv), (vi) and (xii) of Clause (a) and items (ii), (iv) and (v) of Clause (b) of sub-section (2) of Section 63 and Sections 66, 67 and 70. (5) All the officers specified under Sub-sections (1), (2) (3) and (4) shall be the servants of the state Government. They shall draw their salary and allowances from the Consolidated Fund of the State. The conditions of service of such officers and staff shall save as otherwise provided in section 59 be such as may be determined by the State Government. It is clear from the provisions contained in Section 58 of the Act that only a Government servant can be appointed to the posts mentioned in Sub-sections 1, 2, 3 and 4. Of course, such appointment can be only on deputation basis. If the Government wants to enforce and implement the provisions contained in Section 58 and for that purpose issued a circular, the High Court cannot prevent it so long as the Circular is in conformity with the provisions contained in Section 58 of the Act.
Of course, such appointment can be only on deputation basis. If the Government wants to enforce and implement the provisions contained in Section 58 and for that purpose issued a circular, the High Court cannot prevent it so long as the Circular is in conformity with the provisions contained in Section 58 of the Act. In our view, the impugned circular is in conformity with the provisions contained in Section 58 and therefore, the learned Single Judge was right and justified in dismissing the writ Petition. Hence, there is no merit in the Writ Appeal and the Writ Appeal is liable to be dismissed. ( 5 ) THE learned Counsel for the appellant submits that the appellant may not be disturbed from the present post in the middle of the academic year. Annexure-A is a general circular prohibiting deputation, Annexure-A circular has not specifically directed the termination of deputations already made and to repatriate the officers to their parent departments, The appellants have not placed on record any consequential order passed either by the parent department or by the a. P. M. C terminating their deputation. It is for the Government, the A. P. M. C and the parent organization to consider and decide as to what action should be taken in the case of deputations already ordered in view of Annexure-A circular. Even if such authorities take the view that the deputations already ordered should be terminated in the light of Annexure-A circular, it is open to the appellants to make necessary representations to the authorities concerned requesting to permit them to continue in the present post till the end of the academic year. We have no reason to assume that if such representations are made they will not be considered sympathetically by the authorities concerned. ( 6 ) SUBJECT to the above observations, the Writ Appeal is dismissed.