R. S. RAGHUNATH versus STATE OF KARNATAKA AND ANR.

R. S. RAGHUNATH versus STATE OF KARNATAKA AND ANR.

Sub-rule (2) of Rule 3 of Karnataka Civil Services (General Recruitment) Rules, 1977 does not override the Special Rules for Motor Vehicles Branch where Special Rules exist and are clear; the amendment to General Rules must be read as subject to existing Special Rules unless a clear inconsistency or express repeal can be found. The Government is directed to consider promotion by selection as per the Special Rules.

Parties
Appellant: R. S. Raghunath; Respondent: State of Karnataka; Respondent: Second Respondent
Jurisdiction
India
Judgment Date
04 October 1991
Procedural Posture
Civil Appeal / Appeal by Special Leave From Karnataka Administrative Tribunal Judgment
Outcome
Appeal allowed
Legal Topics
Promotion, Recruitment Rules, Seniority Cum Merit, Selection, Non Obstante Clause
Service Law Statutory Construction Promotion Recruitment Rules Seniority Cum Merit Selection Non Obstante Clause

Case Brief

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Parties

R. S. Raghunath

Appellant

State of Karnataka

Respondent

Second Respondent

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Karnataka Administrative Tribunal Judgment

Legal Issues

  1. 1 Whether Rule 3(2) of Karnataka Civil Services (General Recruitment) Rules, 1977 overrides the Karnataka General Service (Motor Vehicles Branch) (Recruitment) Rules, 1976 for promotion to Deputy Commissioner of Transport
  2. 2 Scope and effect of a non-obstante clause in statutory construction

Ratio Decidendi

Sub-rule (2) of Rule 3 of Karnataka Civil Services (General Recruitment) Rules, 1977 does not override the Special Rules for Motor Vehicles Branch where Special Rules exist and are clear; the amendment to General Rules must be read as subject to existing Special Rules unless a clear inconsistency or express repeal can be found. The Government is directed to consider promotion by selection as per the Special Rules.

Court Disposition

Appeal allowed

Orders

  • Government directed to consider appellant's case for promotion to Deputy Commissioner of Transport by selection as provided in Karnataka General Service (Motor Vehicles Branch) (Recruitment) Rules, 1976