SHRI A.B. KRISHNA versus THE STATE OF KARNATAKA AND ORS.

SHRI A.B. KRISHNA versus THE STATE OF KARNATAKA AND ORS.

Rules made by the State Government under Section 39 of the Mysore Fire Force Act, 1964 are special and have precedence over general recruitment rules framed under Article 309 of the Constitution. The qualifying examination for promotion to Leading Fireman, prescribed in the Fire Force Rules, cannot be superseded by...

Source-derived case information.

Parties
Appellant: A.B. Krishna; Respondent: State of Karnataka and Ors.
Jurisdiction
India
Judgment Date
14 January 1998
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeal dismissed.
Legal Topics
Doctrine of Occupied Field, Promotions in State Services, Rule Making Power Under Article 309, Special Vs General Recruitment Rules
Service Law Constitutional Law Doctrine of Occupied Field Promotions in State Services Rule Making Power Under Article 309 Special Vs General Recruitment Rules

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Parties

A.B. Krishna

Appellant

State of Karnataka and Ors.

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether special rules made under Section 39 of the Fire Force Act, 1964 can be superseded by general recruitment rules framed under Article 309 of the Constitution.
  2. 2 Whether the amendment to Karnataka Civil Services (General Recruitment) Rules, 1977 affects promotion conditions specified in the Mysore Fire Force (Cadre Recruitment) Rules, 1971.

Ratio Decidendi

Rules made by the State Government under Section 39 of the Mysore Fire Force Act, 1964 are special and have precedence over general recruitment rules framed under Article 309 of the Constitution. The qualifying examination for promotion to Leading Fireman, prescribed in the Fire Force Rules, cannot be superseded by amending the general recruitment rules; the doctrine of occupied field prohibits supersession in this regard.

Court Disposition

Appeal dismissed.

Orders

  • Appeals dismissed without any order as to costs.