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1993 Supreme(SC) 162

K.RAMASWAMY, R.M.SAHAI
D. Dasegowda – Appellant
Versus
State of Karnataka – Respondent


(1) DELAY condoned in Special Leave Petition (C) 3464-3469 of 1993 (CC 19593 of 1993. Both disposed of by this common order.

(2) LEAVE granted.

(3) THE appellant who was working as Assistant Engineer in Public Works Department was transferred on deputation to Bangalore City Corporation under City Bangalore (Cadre and Recruitment) Regulation, 1971 which permitted 75% of vacancies in the cadre to be filled in by deputation from PWD. In 1977 Karnataka Municipal Corporation Rules were framed under which the appellant was absorbed as Assistant Executive Engineer in the Corporation. Validity of these Rules and absorption of the appellant was assailed in the High court by way of a writ petition which was allowed. The Rules were struck down and the absorption of the appellant in the Corporation was set aside. In 1981 the Government issued an Ordinance removing the infirmity in the rules, l1 was replaced by the Karnataka Municipal Corporation Amendment Act. 1981 (Act 40 of 1981, for short the Act.

SECTION 8 of the Act reads thus:

"8. Validation. (1 The Karnataka Municipal Corporation Rules. 1977 made in Notification No. HMA/270/MNU-77 dated 19/12/1977 and publis












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