The Hindu : Uncertainty for many govt. employees

Online edition of India's National Newspaper
Thursday, May 08, 2003

Southern States

Southern States - Karnataka

Uncertainty for many govt. employees

By Our Staff Reporter

BANGALORE MAY 7. The future of hundreds of government employees recruited on the basis of rural weightage between November 1998 and December 1999 hangs in the balance again.

The Supreme Court on Tuesday ruled that the State Government should implement its order of October 11, 2001 within four weeks.

The court had directed the Government to redo the list of candidates appointed between November 11, 1998 and December 16, 1999 (the date on which a Division Bench of the High Court saved appointments made on rural weightage after November 11, 1998) without rural weightage.

And the only possible option to save employees who have been in service for more than four years, and in turn their dependents, appears to bring in special legislation. When contacted, the Advocate General, A.N. Jayaram, who was in Delhi, said there was a possibility of a one-time lifting of the court order by special legislation.

He said the State Legislature could bring in special legislation giving a one-time exception to such appointments made. However, he was yet to study the judgment, as the same was dictated on Tuesday. To support the State's case, there were several similar instances earlier, he added.

The order was passed by a Division Bench comprising Justice Ruma Paul and Justice B.N. Srikrishna on a batch of review petitions filed by those aggrieved by rural weightage as well as by the State Government.

The petitioners had sought review of the October 11, 2001, judgment passed by a Division Bench comprising Justice G.B. Patnaik and Justice Ruma Paul.

On November 11, 1998, Justice G.C. Bharuka of the Karnataka High Court quashed the rule providing weightage of marks for rural candidates in government employment and education as ultra vires of the Constitution. A Division Bench headed by the then Chief Justice, Justice Y. Bhaskar Rao, upheld the order on November 26, 1999, while rejecting the Government's writ appeal. While the appeal was pending, the Bench allowed the Government to make appointments providing weightage to rural candidates after taking an undertaking that their appointment would be subject to court's final decision.

The Government filed an application before the High Court seeking a direction to save appointments made on rural weightage, while the writ appeal was pending. The Bench, in its order of December 16, 1999, said: "We accordingly affirm the observations made by the learned Single Judge that the candidates who have already been selected and appointed by giving rural weightage should not be disturbed, and also the persons appointed or selected during the pendency of these appeals until now on the basis of rural weightage.''

The Special Leave Petition (SLP) filed by the Government before the Supreme Court challenging the High Court's order was dismissed on February 14, 2000. Some of the aggrieved candidates challenged the December 26, 1999 order of the High Court, saving appointments made on the basis of rural weightage when the writ appeal was pending before the Division Bench. About 13,000 candidates were appointed between November 1998 and December 1999, and more than 20 per cent of them were in the rural weightage category.

The Supreme Court, in the 1990s, allowed the continuation of more than 600 persons in service in the State's judiciary on humanitarian grounds, though their appointments were quashed. The selection was made in 1976, and it was held ultra vires in 1990.

Printer friendly page
Send this article to Friends by E-Mail

Southern States

Stories in this Section

SARS case confirmed in state

Loans for poor students at low interest rate

Uncertainty for many govt. employees

Notification on seat-sharing on May 15

Dalvoy Lake to be developed as tourist centre

Train services paralysed in Hubli

Govt. closes down 21 schools for rehabilitated children