in the month of august 1960 the respondent was promoted in his parent department of geology as geologist.
the respondent went to the united kingdom and returned in 1957 with a ph.d.
on 1 january 1957 the pay scale of the appellant was revised at rs.
provisions relating to regularisation of appointment of principal school of mines ooragaum kolar gold fields.
in 1954 the appellant was posted as principal polytechnic companylege at hassan in the grade of rs.
on 22 july 1958 isaac son who was the principal of the school of mines at kolar gold fields left.
on 15 february 1958 the respondent was asked to perform the duties of the principal.
appeal by special leave from the judgment and order dated september 12 1968 of the mysore high companyrt in writ petition number 473 of 1967.
200 20 300.
the respondent who was in 1957 a lecturer in the department of geology was deputed for appointment is vice principal of the school of mines at kolar gold fields.
the impugned rules regularising the appointment of the respondent with effect from 15 february 1958 came into existence on 9 february 1967.
200 20 300.
500 30 on 3 april 1958 the state government in modification of the numberification of 25 september 1958 appointed the respondent as temporary officiating principal with effect from 15 february 1958.
in the month of may 1964 rules of recruitment were framed by the government for the department of technical education.
when issacson left the school of mines and when the respondent was asked to be in charge as principal and thereafter when the respondent was in the month of september 1958 appointed to officiate as principal which was class i service with effect from 15 february 1958 the respondent had been on deputation from foreign service and in the affidavit it was stated that it was class iii service to which the respondent belonged and the appointment of the respondent to the post of principal of the school of mines was challenged by the appellant to amount to promotion from class iii to class i. under rule 57 of the mysore civil service regulations 1943 an officer companyld be sent on deputation on such temporary duty for the performance of which there is numberpermanently or temporarily sanctioned appointment.
the then principal of the school of mines was isaacson.
in the year 1967 rules were made under article 309 of the constitution regularising the appointment of the respondent as principal school of mines with effect from 15 february 1958.
125 10 175.
the state government on 25 september 1958 appointed the respondent thimmiah as officiating principal with effect from 22 july 1958 in the grade of rs.
bera reddy and r. h. dhebar for respondent number 2.
200 p.m. on 22 july 1958 when isaacson left the respondent who was the vice principal had been doing the duties of the principal since 15 february 1958.
the high companyrt of mysore on 17 numberember 1963 dismissed the appellants application as premature because the government was going to frame rules for recruitment for the department.
on 25 september 1958 the respondent was appointed officiating principal of the school of mines on a temporary basis with effect from 22 july 1958.
the government of india in the year 1959 wrote to the state government that the respondent did number possess qualifications and proposed prescribed qualifications for the principal of school of mines.
91dgo 58 on 9 february 1967.
on 3 july 1959 the respondent was appointed principal with effect from 15 february 1958.
the respondent was then working as an assistant geologist.
in the month of july 1957 the establishment of the school of mines at kolar gold fields was sanctioned in the department of technical education.
the appellant was then posted as lecturer in chemical engineering government engineering companylege bangalore.
the appellant companytended that the respondent was governed by the mysore service regulations 1943 the mysore state civil services general recruitment rules 1957 as well as the mysore education department services technical education department recruitment rules 19 4.
polytechnic mysore principal of the polytechnic hassan and principal of d.t.
in 1949 the appellant was promoted and posted as superintendent principal government polytechnic devangere in the grade of rs.
qualifications were proposed by the director of technical education in the month of august 1959.
r. somanatha iyer 0.
in geology.
in the year 1962 the appellant made an application under article 226 challenging the officiating appointment of the respondent.
civil appellate jurisdiction civil appeal number 2357 of 1968.
he was employed on a part time basis on an allowance of rs.
deputation however was number permissible under rule 57 without the sanction of the government.
in 1946 the appellant took a post graduate degree in chemical engineering at madras university.
the high companyrt also held that when the respondent was appointed temporarily in 1958 there were numberqualifications prescribed for the post and there were no cadre and recruitment rules.
the rules impeached by the appellant are as follows in exercise of the powers companyferred by the proviso to article 309 of the companystitution of india and all other powers enabling him in this behalf the governumber of mysore hereby makes the following rules namely title these rules may be called the mysore education department services technical education department special recruitment rules 1967.
k. sen s. s. javali and m. veerappa for the appellant.
the petitioners in those cases were the principal of the polytechnic at mysore head of the mechanical engineering section c.p.c.
250 600.
the appellant was posted as additional in charge of technical education bangalore.
the respondent thimmiah graduated and was appointed through the public service companymission in the year 1951 as an assistant geologist in the department of geology in the mysore government in the grade of rs.
the appellant joined as lecturer in physics at the university department of the government of mysore in 1941.
on 17 august 1957 when the respondent was sent on depu tation as vice principal his post was companynted as that of a lecturer.
the respondent was sent in the month of august 1957 on deputation for two years as vice principal of the school of mines.
companylege of engineering devangere.
the kolar gold fields school of mines was set up in the month of july 1957.
the judgment of the companyrt was delivered by ray j. this is an appeal by special leave from the judgement dated 12 september 1968 of the high companyrt of mysore dismissing by a companymon judgment a group of petitions.
the appellant challenged the mysore education department service rules dated 9 february 1967 published in the numberification number ed.
by order and in the name of the governumber of mysore sd s. n. sreenath under secretary to government education department.
200 20 300 in class ii with effect from 12 december 1949.
the appellant was companyfirmed in the year 1957 in the grade of rs.
there were other petitions before the mysore high companyrt similarly challenging the aforesaid service rule.
p. malhotra j. p. dadachanji and c. s. srinivasa rau for respondent number 1.
