C. MUNIYAPPA NAIDU ETC. versus STATE OF KARNATAKA AND ORS.

Citation: [1977] 1 S.C.R. 791 · Decided: 13-10-1976 · Supreme Court of India · Bench: P.N. BHAGWATI · Disposal: Dismissed

Judgment (excerpt)

C. MUNlYAPPA NAIDU ETC. 
v. 
STATE OF KARNATAKA AND ORS. 
October 13, 1976 
IP. N. BHAGWATI, 
\I. R. KRJSIINA IYER AND 
S. MURTAZA FAZAL ALI, JJ.] 
791 
City tf Bu11;;ulore Mu11icijx1l Corporation Ser rices 
( Gtnt'ral) 
Cadre 
tuul 
Rccmit111e11t Reg11/atio11s, 1971, Reg. 3-Absorption of Senior Health l11spectors 
by Corporation contrary to provision in Reg. 3-Ef]ect of . 
• 
The City of Bangalore Municipal Corporation Services (General) Cadre 
and Recruitment Regulations, 1971, framed under the City 
of 
Bangalore 
Municipal Corporation Act, 1949, came into force on 3rd March, 1971. Jn 
accordance with the practice of the Corporation prevailing before that date 
to have one half of the cadre of Senior Health Inspectors 
manned 
by 
deputation of Senior Health Inspectors from the Karnataka State Civil Ser-
vice, the appellants were ta,ken on deputation by the Corporation from the 
Karnataka State Civil Service. 
In 1974. the Corporation passed a resolution 
that the appellants would be absorbed by the Corporation if they were will-
ing to accept their ranking as juniors to the Senior Health Inspectors 0f 
the Corpora•tion, and the State Government accorded its sanction to the 
•\resolution of the Corporation as required by the Act. 
But coming to know 
, that the chances of promotion of the permanent officials of the Corporation 
would be prejudicially affected by such absorption, the State Government 
•ithdrew its sanction accorded earlier. 
The appellants preferred writ peti-
,ons 
for quashing 
the withdrawG·l 
but the High 
Court dismissed 
the 
,,etitions. 
In appeal to this Court, it was contended that the appellants bernme 
permanent employees of the Corporation and ceased to be Government ser-
vants as soon as the State Government accorded sa,nction to the Resolution 
of the Cotjporation and, that therefore, the State Govomment could not, 
thereafter, by its unilateral action, reverse the process and annihilate the 
!relationship of employer and employee between the Corpora-tiion and the, 
appellants and restore their status as Government servants. 
Dismissing the appeals, 
HELD : (1') The Resolution read with the Government snnction did 
not 
operate to put an end to the status of the appellants as government ser-
vants and to create th~ relationship of master and servant between the Cor-
poration and the appellants, and therefore. it was competent to the State 
Government to withdraw the sanction accorded earlier; and this would be ;o 
irrespective of whether the appellants expressed their willin?,ness to be absorbed 
as Senior Health Inspectors by the Corporatio11 or not. [797 BC] 
(a) Regulation 3 of the Regulations which were in force when the Resolu-
lution was passed by the Corporntion recognised only two modes of recruitment to 
the post of Senior Health Inspectors namely, by promotion from the cadre 
of Junior Health Inspectors and by deputation. 
Therefore. to absorb- Senior 
,Health Inspectors from the State. Directorate of !fealth Serv;ces' as 
perma-
nent employees of the Corporat10n would be plamly contrary to the express 
mandate of this statutory provision. [796 C & F] 
, 
(b) It could no~ be nrged that because they were already 011 deputation 
m the cadre of Senior !fealth Inspectors under the Corporation. their absorp-
tion as pemmnent Senior Health Inspectors did not constitute fresh entry 
into the ·cadre so as to require compliance with the Regulations, 
Not only 
,A 
B 
c 
D 
E 
F 
G 
H 
A 
B 
792 
SUPREME COURT REPORTS 
(1977] J S.C.R. 
their entry but also their continuance in the mdre of Senior Health Inspec-
tors on the Corporation establishment depended on their being on deputa-
tion., because, it is only by way of deputation that Senior Health Inspectors 
from the State Directorate of Health Services can 
find place in the cadre 
of Senior Health Inspectors on the establishment of the Corpora.lion. 
Since 
absorption is appointment, without amendment of the Regulations permit-
ting appointment of Senior Health Inspectors drawn from 
the. State Direc-
torate of Health Services as permanent Senior Health Inspectors under the 
Corporation, the appellants could not be absorbed on the Cor~oration Estab-
Ji~hmc11t. [796 G-H] 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 761 of 1976 . 
• 
(Appeal by Special Leave from the Judgment and Order dated 
28-5-1976 of the Karnataka High Court in Writ Appeal No. 665/75) . 
• 
C 
· CivIL APPEAL Nos. 845-854 of 1976. 
D 
E 
F 
G 
H 
(Appeals by S

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