D. DASEGOWDA versus STATE OF KARNATAKA AND ORS. T.R. DHANANJA YA AND ORS.

Citation: [1993] 2 S.C.R. 54 · Decided: 19-02-1993 · Supreme Court of India · Bench: K. RAMASWAMY, R.M. SAHAI · Disposal: Appeal(s) allowed
cites 2 · see the full citation network in Lexace
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

A 
D. DASEGOWDA 
v. 
STATE OF KARNATAKA AND ORS. 
T.R. DHANANJA YA AND ORS. 
B 
FEBRUARY 19, 1993 
(K. RAMASWAMY AND R.M. SAHAI, JJ.) 
Service Law : 
C 
Kamataka Municipal Corporation Rules, 1977-¥alidated by Kar-
nataka Municipal Col]J(Jration Amendment Ac4 1981-Engineers-Appoint· 
ment of-Deputation from PWD-AbsorlJed in Corporation-Promoted to 
higher posts-Repatriation to PWD just before retirement-Validity of 
The appellant who was an Assistant Engineer in Public Works 
D Department was transferred on deputation to the Bangalore City Corpora· 
tiou under the City Bangalore (Cadre and Recruitment) Regulation, 1971 
which permitted 75% of vacancies in the cadre to be fdled .io by deputation 
from P.W.D. 
• 
E 
Io 1977, tile Karnataka Municipal Corporation Rules were framed 
and the appellant was absorbed in the Corporation. On being challenged 
lo a Writ Petition the High Court struck down the Rules and set aside the 
absorption of the appellant in the Corporation. The Government issued 
an ordinance removing the infirmity io the Rules. It was replaced by the 
F 
G 
Karnataka Municipal Corporation Amendment Act, 1981. In course of 
time the appellant was promoted as Executive Engineer, Superintending 
Engineer and Addi. Chief Engineer. The earlier Writ Petitioners ap· 
proached the High Court by way of a Contempt Petition against the 
non·implemeotal:ion of its order. Faced with this situation, the Govern· 
meot repatriated the appellant to his parent department, just a few months 
before his retirement. 
The appellant approached the Administrative Tribunal, which dis· 
missed bis application as infructuous in view of the fact that the matter 
was pending before tile High Court and in any case the appellant would 
get bis pension either from the State Government or the Corporation. 
H 
Hence these appeals. 
54 
) 
' 
-
. -~; 
-
-
D.DASEGOWDA v. STATE OF KARNATAKA 
55 
Allowing the appeals, this Court, 
HELD: Under the Karnataka Municipal Corporation Amendment 
Act, 1981 the basis on which the Karnataka Municipal Rules, 1977 were 
declared void was removed and appointments made or continued before the 
commencement of the Amendment Act were declared to be valid and were 
always be deemed to have been validly made for all purposes as if th.e said 
appointments had been_ made under the Principal Act as amended by the 
Act. It is _not in dispute that the State Legislature is competent to make the 
Act. When the Act was made and it validated past acts done or proceedings 
taken, it was valid Act and removed the defects declared by the Court. It 
must be deemed and shall always be deemed that the appointment of the 
appellant as Addi. Chief Engineer is legal and valid. Udortunately, the Act 
A 
B 
c 
was not brought to the notice of the High Court when the direction to 
repatriate the appellant was made by the High Court. But the failure to 
bring to the notice of the court does not have the effect of nullifying the valid 
action legislatively taken. Consequently the appellant must be deemed to 
have been retired from service as Addi. Chief Engineer of the Corporation. D 
The appellant is entitled to all the consequential benefits, all pensionary 
benefits etc. from the Corporation. [SSH; 59-A-D] 
Shri Prithvi Cotton Mills Ltd. & Anr. v. Broadi Borough Municipality 
& Ors., [1970] 1 SCR 388; Janapada Sabha, C/zhindwara, etc. v. Central E 
Provinces Syndicate Ltd. & Anr., etc., [1970] 3 SCR 745 and Yadlapati 
Venkateswar/u v. State of Andhra Pradesh & Anr., [1990] Suppl. 1 SCR 381, 
relied on. 
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 797-803 
of 1993. 
F 
From the Judgment and Order dated 16.7.91 of the Karnataka Ad-· 
ministrative Tribunal ii; Application No. 1443/91 & dated 9.3.81, & 25.11.82 
of the Karnataka High Court in W.P. Nos. 20147, 20148/79, 11343/78 & 
1016-1018 of 1981. 
S.SJavali, Gopal Singh and E.C. Vidyasagar for the Appellant. 
R.N_.N. Narasimha Murthy, M.T. George, S.K. Kulkarni, M. Veerap-
pa and P. Mahale for the Respondents. 
The following Order of the Court was delivered: 
G 
H 
56 
SUPREME COURT REPORTS 
(1993) 2 S.C.R. 
A 
Delay condoned m SLP (C) 3464-3469/93 (CC-19593)/93. Both 
disposed of by this common order. 
Leave granted. 
The appellant who was working as Assistant Engineer in Public 
B Works Department was transferred on deputation to Bangalore City Cor-
poration under City Bangalore (Cadre and Recruitment Regulation) 1971, 
which permitted 75% of vacancies in the cadre to be fil
Excerpt shown. Read the full judgment & AI analysis in Lexace.