1961, but the appeals were unsuccessful and they were rejected by a Division Bench of the High Court by a judgment dated 28th May, 1976.
Hence the present appeals by the appellants with special leave obtained from this Court.
Appeals by Special Leave from the Judgment and Order dated 28 6 1976 of the Karnataka High Court in Writ Appeal Nos.
Appeal by Special Leave from the Judgment and Order dated 28 5 1976 of the Karnataka High Court in Writ Appeal No.
The appellants are Senior Health Inspectors in the Karnataka State Civil Service.
companytinue further with the narration of facts, the Corporation sent the Resolution dated 30th December, 1974 to the State Gov ernment for according its sanction and the State Government by an order dated 6th May, 1975 accorded sanction to the Corporations resolution dated 30th December, 1974 regarding the absorption of the Senior Health Inspectors mentioned the Resolution under section 89 of the City of Bangalore Municipal Corporation Act, 1949 hereinafter referred to as the Act .
R.G.K. Achar for Respondent 1 in CAs.
preferred writ petitions in the High Court of Karnataka companytending that as soon as the State Government gave its sanction on 6th May, 1975 to the Resolution of the Corporation dated 30th December, 1974, they were absorbed as permanent employees of the Corporation and they ceased to be Government servants and the State Government thereafter had numberauthority to withdraw the sanction granted by it under the earlier order dated 6th May, 1975 and the subsequent order dated 25th August 1975 was invalid and inoperative.
It is the case of the appellants that on the same day, immediately after the passing of this Resolution, they addressed a companymunication to the Mayor of the Corpora tion intimating to him that they were willing to be absorbed as Senior Health Inspectors under the Corporation on their own pay and with ranking below the Senior Health Inspectors of the Corporation.
The term of the Corporation in the meantime came to an end and since fresh elections were number held to elect the members of the Corporation, an administrator was ap pointed by the Government to manage the affairs of the Corporation.
247, 237, 241,243 246, 248 and 250/76 respectively.
845 854 of 1976.
The administrator requested the State Government to defer implementation of the proposal companytained in the Resolution dated 30th December, 1974 since the perma nent officials of the Corporation were companysiderably dis turbed by this proposal as it prejudicially affected their chances of promotion by reason of the absorption of sixteen deputationist Senior Health Inspectors from the Karnataka State Civil Service.
While the appellants were working as Senior Health Inspectors on deputation, the Corporation passed a resolution dated 30th December, 1974 approving the report of the Commissioner that sixteen Senior Health Inspectors, including the appellants, who were working under the Corpo ration on deputation should be absorbed in the interest of work if they are willing on then own pay and accept their seniority as Juniors to the Senior Health Inspectors of the Corporation.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The State Government on the basis of the companymunication addressed by the Administrator in this behalf passed another order dated 25th August, 1976 with drawing the sanction accorded under the earlier order dated 6th May, 1975.
845 846/76.
V. Gupte, S.B. Wad, A.K. Ganguli and Mrs. Jayashree wad, for the Appellants in all the Appeals.
761 of 1976.
850 854/76.
The appellants thereupon preferred appeals under section 4 of the Karnataka High Court Act.
The appellants being prejudicially affected by the withdrawal of the sanction.
CIVIL APPEAL Nos.
P. Chandrakantraj Urs and B.R.G.K. Achar, for Respond ents 1 to 3 in CA 761/76.
Narayan Nettar for Respondent 7 in CAs.
P. Chandrakantaraj Urs and Narayan Nettar, for Re spondents 1 3 in CAs.
The Judgment of the Court was delivered by BHAGWATI, J. This group of appeals raises a companymon question of law affecting Senior Health Inspectors on deputation with the Municipal Corporation of the City of Bangalore hereinafter referred to as the Corporation .
761/76.
850 854/76.
Narayan Nettar, for Respondent 4 in CA.
These writ petitions came up for hearing before a Single Judge of the High Court who rejected them by a judgment dated 22nd September, 1975.
K. Sen, M.P. Chandrakantraj Urs and Narayan Nettar, for the respondents in CA.
P. Chandrakantaraj Urs and Narayan Nettar, for Re spondents 1 3 in CAs 846 849/76.
665/75 .
845/76.
It seems that prior to 3rd March, 1971, when the City of Bangalore Municipal Corpora tion Services General Cadre and Recruitment Regulations, 1971 hereinafter referred to as the Cadre and Recruitment Regulations came into force, the practice of the Corporation was to have one half of the cadre of Senior Health inspectors manned by deputation of Senior Health Inspectors from the Karnataka State Civil Service and in accordance with this practice, the appellants were taken on deputation by the Corporation from the Karnataka State Civil Service.
The factum of this companymuni cation was disputed by the Corporation as well as by the State Government, but in the view we are taking, it will number be necessary for us to examine this question.
The facts giving rise to the appeals are identical and may be briefly stated as follows.
