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2021 Supreme(Kar) 190

R.DEVDAS
N K Payannavar, S/O Kallappa Payannavar – Appellant
Versus
State Of Karnataka Represented By Its Addl. Chief Secretary, Department Of Energy – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri Chandrakanth R Goulay, Advocate
For the Respondent:Sri G S Kannur, Senior Counsel For Sri Murugesh V Charati, Advocate, Smt M C Nagashree, AGA, Sri Pradeep S Sawkar, Advocate & Sri Kareesh Sharma.M, Advocate, Smt Anupama Hegde, Asg

ORDER :

The petitioner who was initially appointed during the year 1988 with the respondent No.5-Karnataka State Council for Science and Technology (hereinafter referred to as “KSCST”) as Project Manager was deputed to the respondent No.6-Karnataka Renewable Energy Development Limited (for short “KREDL”), at the request of KREDL. On being satisfied with the performance of the petitioner, the KREDL wrote to the State Government seeking permission to permanently absorb the petitioner and to promote him from the post of Technical Officer to Assistant General Manager. The State Government by order dated 16.12.2003 accorded permission to permanently absorb and promote the petitioner as AGM. Consequently, by order dated 30.12.2003, passed by the 4th respondent Managing Director of KREDL, the services of the petitioner was permanently transferred from KSCST to KREDL w.e.f., 31.07.2001.

2. The Board of KREDL in its 42nd Board Meeting, resolved to promote the petitioner from the post of AGM to DGM. Consequently, the petitioner has been serving in the capacity of DGM. However, it appears that in a communication dated 03.01.2011, the Senior Audit Officer, Commercial Audit Wing of Indian Audit a

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