Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1986 Kamataka Civil Services (Special Recruitment of Local Candidates) Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Kamataka Civil Services (Special Recruitment of Local Candidates) Rules, 1986: Regularization - Claim for, under 1986 Rules - By employees appointed by Tehsildar - Held: Tehsildar has no jurisdiction to appoint in terms of Rules Offers of appointment made in favour of employee having been appointed by a person who had no authority, must be held to be nullity - Service Law. Service law : Appointment Public appointment - Claim in public service based on hereditary right - Held: Is unconstitutional. Absorption - Right to - Held: Merely because an employee continued in service under the cover of an order of the Court would not entitle him to right to be absorbed or made permanent in service. Res judicata - Principle of - Held: Applicable to writ proceedings also.Appellants were appointed as Patwaris/Nillage Ac- countants by the Tehsildarl Assistant Commissioner. They prayed for regularisation of their services in terms of provisions of Karnataka State Civil Services (Direct Recruitmentto Class-Ill Posts) (Special) Rules, 1973. Their prayer was dismissed by the Tribunal. SLPs filed there against were also dismissed. Relying on the observations made in some other SLPs that it would be open for employees to represent before the State of Karnataka for regularisation in terms of Karnataka Civil Services (Special Recruitment of Local Candidates) Rules, 1986, which came into force w.e.f. 4.7.1986, appellant requested the State to regularize their services under 1986 Rules. The State rejected their prayer stating that the 1986 Rules were not applicable to their cases as they were appointed by the Tehsildar/Assistant Commissioner whereas in terms ยท of the 1986 Rules, the appointing authority was the Deputy Commissioner. An observation was made by Tribunal in another case that Patwaris come within the definition of local candidates and are entitled to be considered for regularization in terms of 1986 rules. Relying on that, appellants again filed application for regularization under 1986 Rules. Tribunal allowed the applications. Writ petition thereagainst was allowed by High Court. Review petitions were also dismissed. Hence these appeals. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2009 INSC 162 |
Petitioner | Raghavendra Rao Etc. |
Respondent | State Of Karnataka & Ors. |
SCR | [2009] 2 S.C.R. 223 |
Judgement Date | 2009-02-12 |
Case Number | 907-936 |
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