K. NARAYANAN AND OTHERS versus STATE OF KARNATAKA AND ORS.

K. NARAYANAN AND OTHERS versus STATE OF KARNATAKA AND ORS.

The retrospective operation of the Karnataka Public Works Engineering Department Service (Recruitment) (Amendment) Rules, 1985 from 1 January 1976 is discriminatory and violates Articles 14 and 16 of the Constitution, as it operates against those directly recruited as Assistant Engineers and unjustly alters seniority based on mere eligibility, not actual appointment or selection. Appointment by transfer on acquiring a degree does not equate with direct recruitment or valid promotion and cannot confer notional seniority from a prior date.

Parties
Appellants: K. Narayanan and Others; Respondents: State of Karnataka and Others
Jurisdiction
India
Judgment Date
02 September 1993
Procedural Posture
Civil Appeals and Writ Petitions / On Appeal From the Order of the Karnataka Administrative Tribunal and Writ Petition Under Article 32
Outcome
Appeals and writ petitions allowed. The retrospective part of the 1985 Amendment Rules struck down as ultra vires.
Legal Topics
Seniority in Public Service, Promotion Rules, Prospective and Retrospective Operation of Service Rules, Equality Before Law (articles 14 and 16)
Service Law Constitutional Law Seniority in Public Service Promotion Rules Prospective and Retrospective Operation of Service Rules Equality Before Law (articles 14 and 16)

Case Brief

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Parties

K. Narayanan and Others

Appellants

State of Karnataka and Others

Respondents

Procedural Posture

Civil Appeals and Writ Petitions / On Appeal From the Order of the Karnataka Administrative Tribunal and Writ Petition Under Article 32

Legal Issues

  1. 1 Whether retrospective appointment and seniority can be given prior to date of eligibility under the Karnataka Public Works Engineering Department Service (Recruitment) (Amendment) Rules, 1985.
  2. 2 Whether the 1985 Amendment Rules are violative of Articles 14 and 16 of the Constitution of India for conferring retrospective effect.

Ratio Decidendi

The retrospective operation of the Karnataka Public Works Engineering Department Service (Recruitment) (Amendment) Rules, 1985 from 1 January 1976 is discriminatory and violates Articles 14 and 16 of the Constitution, as it operates against those directly recruited as Assistant Engineers and unjustly alters seniority based on mere eligibility, not actual appointment or selection. Appointment by transfer on acquiring a degree does not equate with direct recruitment or valid promotion and cannot confer notional seniority from a prior date.

Court Disposition

Appeals and writ petitions allowed. The retrospective part of the 1985 Amendment Rules struck down as ultra vires.

Orders

  • Order of the Tribunal dated 21 October 1988 set aside.
  • Second paragraph of the 1985 Amendment Rules making it operate from 1 January 1976 struck down as ultra vires.