Court : Karnataka
Reported in : ILR1987KAR892
..... and decide these petitions :whether the jurisdiction of this court to entertain writ petitions preferred by the officers and servants of the subordinate courts or members of the judicial service has been divested and vested in the state administrative tribunal constituted under section 4 of the administrative tribunals act, 1985 ?though the learned counsel for the petitioners as also ..... the jurisdiction, powers, and authority exercisable immediately before that day by all courts except the supreme court in relation to matters of recruitment and also service matters concerning a person appointed to any civil service or civil post under the state concerned.section 28 of the act excludes the jurisdiction of all courts except that of the supreme court and the ..... high court on the chief justice (ii) article 235 which conferred exclusive control over district courts and courts subordinate thereto which includes the members of the judicial services and officers and servants of the subordinate courts; and (iii) having regard to the directive principle contained in article 50, namely, separation of judiciary from the executive, ..... the words 'civil servants' and 'civil services' referred to in article 471-d of the constitution must be understood as having a restrictive meaning, in that, they did not include officers and servants of the high court and .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR4294; 2006(6)KarLJ585
..... the deployment of the writ petitioners to the printing press was justified by contending that the said action was in the interest of the administration to run the press to sub-serve public interest; services of the petitioners have been utilized in the printing press ever since its inception in the year 1976 and the petitioners have given their willingness to work in the printing press permanently; the petitioners had ..... having formed an opinion that the transfer and absorption of the ksrp personnel in the printing press could be done only in terms of rule 16-a of the karnataka civil services (general) recruitment rules, 1977 and since the deployment of the petitioners to the service of the printing press was not in accordance with the said rule and taking exception to the promotion of the petitioners to higher cadres in the printing press, but, ..... after issuance of order: annexure-al not only the director general of police and inspector general of police transferred and absorbed the services of the petitioners in the printing press vide order dated 26-11 -1982 and 15-7-1983 as noticed above, but also granted promotions to the petitioners vide order ..... main grievance of the appellant is that the 2nd respondent who was junior to him as assistant engineer was promoted as divisional engineer in 1957 by relaxing the relevant rules regarding the length of service necessary for promotion as divisional engineer and that his claim for a similar relaxation was not considered at that time. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2004KAR4459; 2004(7)KarLJ356
..... the year 1996, he was unsuccessful; and during the year 1996 when he had made an application for attending the examination, the said application came to be rejected by the karnataka public service commission on the ground that the same was not endorsed by the district judge, mangalore and on account of that the respondent had lost the chance of appearing for the examination during the ..... came to be passed, the respondent had appeared and passed the written examination, in view of the proviso given to rule 4 of the karnataka civil services probation rules, 1977 (hereinafter referred to as 'the probation rules') he could not have been discharged from service as according to him, the period of probation was deemed to have been extended till the announcement of the results of the examination to which the respondent ..... it is his further submission that though there is no specific order passed by the appellants extending the period of probation of the respondent, since the respondent continued to be in service till the date of issue of notification-annexure-e, it must be deemed that the respondent was in extended period of probation and as such he was entitled for the benefit of proviso ..... question that would arise for consideration is that when the respondent had admittedly appeared for the examination, before his services came to be discharged, whether his services as a probationer deemed to have been extended till the results were announced as contended by the learned counsel appearing .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2002KAR4123; 2003(5)KarLJ306; (2004)ILLJ246Kant
..... consider the circumstances under which the said rules were made to solve a human problem and that the rules made were put to objection to the general public and even the public service commission was consulted and finally was before the state legislature to have their concurrence, we are of the considered opinion that the high court committed error in striking down the rules on ..... briefly.2.1 rule 3 of the group 'c' absorption rules provided that notwithstanding anything to the contrary contained in the karnataka civil services (general recruitment) rules, 1977 and karnataka government secretariat services (recruitment) rules, 1992 or in any other rules made or deemed to have been made under the karnataka state civil services act, 1978, every contract group 'c' employee mentioned in column (2) of the schedule to the said rules, who satisfies ..... basis that the case involved not only a question of law, but also a human problem and that if they were not regularised and treated as regular service, they will not be able to get themselves engaged anywhere else and at the same time, their experience in teaching would be lost to the student community ..... the posts of assistants, stenographers, junior assistants, typists, drivers as also group 'd' posts; that several of them had also applied for recruitment to the said posts in the secretariat services; that the groups 'c' and 'd' absorption rules denied them the opportunity to apply for and compete with others for recruitment to the said posts. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2007KAR4432; 2007(6)KarLJ477; 2007(4)KCCR2346; 2007(6)AIRKarR157(DB)
..... mentioned above and the submissions made by the learned counsel for the parties, we find that there is no prohibition in rule 285 of the karnataka civil services rules which prevents an employee from seeking voluntary retirement under rule 285(1)(a) of the said rules even if he is eligible to seek voluntary retirement under rule ..... made by the government servants, who at the time of seeking voluntary retirement have not only completed 20 years of actual qualifying service but also attained the age of 50 years, against the denial of the benefit of weightage under rule 285(2)(v) of karnataka civil services rules on the ground that they had not mentioned in the application that they were seeking voluntary retirement under rule 285(1)(a) or ..... writ petition on the ground that the petitioner was permitted to retire from service voluntarily under rule 285(1)(a) of the karnataka civil services rules due to a mistake and that he ought to have been permitted to retire from service voluntarily under rule 285(1)(b) and therefore, the appellant should be permitted to rectify ..... but learned counsel for the respondent contended that if an employee has completed 15 years of qualifying service and has also attained the age of 50 years and is eligible to take voluntary retirement both under rule 285(1)(a) and under rule 285(1)(b) of the karnataka civil services rules, he is entitled to seek voluntary retirement either under clause (a) or under clause (b) of rule 285(1) and the appointing authority is .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1990(3)ALT605; 1990(3)ALT605; [1991(62)FLR926]
..... any time by a notice in writing given either by the government servant to the appointing authority or by the authority to the government servant; (b) the period of such notice shall be one month : provided that the services of any such government servant may be terminated forthwith by payment to him in a sum equivalent to the amount of his pay plus allowances for the period of the notice at the same rates at which he was ..... pointed out that though the terms of the order of appointment contained a condition that the one month's pay was to be paid if services were terminated 'forthwith', the employer was not bound by that term in view of the retrospective amendment of the rule conferring a mere right ..... , 1947 defines 'industry' as any systematic activity carried on by co-operation between an employer and his workman for the production, supply or distribution of goods or services with a view to satisfy human wants or wishes and includes certain items in sub-clauses (a) and (b) and does not include categories (1) to (9) enumerated therein ..... shops act, 1966 in so far as material for the present purpose reads as follows :- 'section 40 :- conditions for terminating the services of an employee and payment of gratuity :- (1) no employer shall without a reasonable cause and except for misconduct, terminate the service of an employee who has been in his employment continuously for a period of not less than six months without giving such employee, atleast one month's notice in writing or wages .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP497
..... under rule 11 the high court may impose on members of the madras criminal judicial service and the madras state judicial service any of the penalties specified in items (i), (iii), (iv) and (v) in rule rule under rule 12, the state government may impose any of the penalties specified in items (i) and (iii) to (viii) in rule s on members of ..... . his contention is that even under section 2 of the public servants (inquiries) act xxxvii of 1850, it is the government that has got to conduct the enquiry against a public servant who is not, removable from service without the sanction of the government.but this argument ignores the provisions of section 3 which says that the enquiry may be committed either to the court, board or other authority to which the person accused is subordinate or to ..... the state government or the central government or to a local body by negligence or breach of orders, (vi) compulsory retirement otherwise than under article 465(2) or under note 1 to article 465a of the civil service regulations, (vii) removal from the civil service of the state government, (viii) dismissal from the civil service of the state government, and (ix) suspension, where a person has already been suspended under rule 17(e), to the extent considered necessary by the authority imposing the penalty. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(3)ALD428; 2001(3)ALT468
..... whereof are:'.....though the act provides that no person who is daily wage employee and no person who is appointed on temporary basis shall have any right to claim for regularisation of services on any ground, it has been the endeavour of the government to regularise as many as nmr/daily wage employees as possible who are otherwise qualified depending upon the requirement of ..... keeping in view of the orders of high court in the cc no.796 of 1998 it is decided that it is not possible to regularise the services of the individuals as there are no clear vacancies and the representations made by the individuals are not in accordance with the orders of high court ..... and 1868 of 1999, dated 26-3-1999 without insisting the completion of 5 years of service as on 25-11-1993 by declaring that they are entitled for regularisation from the date of completion of 5 years of service and eligible to draw the scale of supervisors/assistant engineers/tracer from the date of completion of 5 years of service and pass such other order or orders as this hon'ble court may deem fit ..... person shall be liable to be terminated at any time without any notice and without assigning any reasons : provided that the services of those persons continuing as on 25th november, 1993 having completed a continuous minimum period of five years of service on or before 25th november, 1993 either on daily wage, or nominal muster roll, or consolidated pay or as a contingent worker on full time basis, shall be regularised in .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(3)ALD497; 1998(3)ALT692
..... (c) after the opening paragraph and before the first proviso so amended, the following provisions shall be inserted,namely: 'provided that the services of a person, who worked on daily wage/nmr/ consolidated pay/contingent worker on full time basis continuously for a minimum period of five years and is continuing as such on the date of the commencement of the act ..... the petitioner-association sought for a writ of certiorari to quash the two memos andsought a consequential relief for regularisation of the services of the attenders working in the libraries at mandal head quarters and also to pay the salaries in the time scale of pay applicable to class iv ..... no.212 makes it clear that the government has taken a decision to formulate a scheme for regularisation of the services of the persons appointed on daily wage/nmr/consolidated pay who are appointed by the governmental authorities either on daily wage basis or temporary basis without there being a post and without being ..... no.212, finance & planning (fw.pc.iii) department, dated the 22nd april, 1994; provided further that the services of a person who worked on part-time basis continuously for a minimum period often years and is continuing as such on the date of the commencement of this act shall be regularised in accordance with ..... down the enactment, the government assured that a scheme will be formulated to absorb the services of the employees that are working regularly, under whatever nomenclature they might have been appointed. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(1)ALT359
..... were getting less, would draw equal to the ministers and if ministers are given less than the allowances which judges were drawing from before either under all india services (medical attendance) rules, 1954 or otherwise, they would continue to draw at the said rate of allowances and their allowance would remain unaffected by any rate ..... patient should consult the authorised medical attendant, either at his consulting room, if it has been so maintained or in the hospital as an out-door patient, and further that ordinarily a member of the service is expected to receive treatment from the authorised medical attendant, but in exceptional circumstances, reimbursement of the cost of medical treatment incurred on the advice of the private practitioner can be reimbursed by the state ..... equals in the matter of reimbursement of the medical bills or have applied two standards.we have already referred to the relevant provisions and found that in respect of the conditions of service of a judge of a high court, for which no express provision has been made in the act or under the rules framed there under, the rules for the time being ..... , 1965) that the state government are the competent authority to regulate such procedural matters and the state government are themselves competent to grant to an all india service officer serving in connection with the affairs of the state any concession relating to medical attendance or treatment which is not authorised under the rules.we have seen thus .....
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