Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1964: Sec. 39 Karnataka Civil Service (General Recruitment) Rules Mysore Fire Force (Cadre Recruitment) Rules (1971): Rule 1 1977 Service Law : Mysore Fire Force Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Mysore Fire Force Act, 1964 (42 of 1964) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law : Mysore Fire Force Act, 1964, Sec: 39-Mysore Fire Force (Cadre Recruitment) Rules(f 971). Rule 1-Rules made by legislature under Sec. 39 of the Act - Applicability-State Government took a policy decision and amended the Karnataka Civil service (General Recruitment) Rules, 1977- Held, the rules made by Legislature are special rules having precedence over rules framed under the Proviso to Art. 309 by virtue of doctrine of occupied field, so cannot be superseded by amendment made to General Recruitment Rules-Constitution of India, Art. 309. The Respondent State Government in exercise of it.s power under Section 39 of the Fire Force Act, 1964, framed the Mysore Fire Force (Cadre Recruitment) Rules, 1971 under which passing of a qualifying examination E was a condition precedent for promotion. Subsequently, the State Government took a general policy decision to make promotions on the basis of selection or seniority-cum-merit but without any qualifying examination. Accordingly, the Karnataka Civil Service (General Recruitment) Rules, 1971 were amended. A circular was issued that examination, if any, prescribed under the relevant recruitment rules, should not be held for the purpose of promotion. The appellants were promoted to the post of Leading Fireman on the basis of the seniority. Their promotion was challenged by respondents on the ground that Karnataka Civil Services (General recruitment) rules, 1977 were not applicable to the posts under the present establishment and that promotion to the post of Leading Fireman shall continue to be governed by the rule made by the State Government under Section 39 of the Fire Force Act, 1964. The contention was upheld by the State Administrative Tribunal. Hence this appeal. |
Judge | Hon'ble Mr. Justice S. Saghir Ahmad |
Neutral Citation | 1998 INSC 22 |
Petitioner | Shri A.b. Krishna |
Respondent | The State Of Karnataka And Ors. |
SCR | [1998] 1 S.C.R. 157 |
Judgement Date | 1998-01-14 |
Case Number | 3702 |
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