Karnataka High Court directs government to appoint three candidates as Works Inspectors despite abolition of posts

The High Court of Karnataka has directed the State government to appoint three candidates, who were selected to the posts of work inspectors in the Department of Municipal Administration (DMA) in 2017, even though the government in 2021 had abolished the cadre of work inspectors under the DMA in 2021.

A Division Bench comprising Justice D.K. Singh and Justice S. Rachaiah issued the directions while allowing an appeal filed by Harish Kumar H.P. of Kanakapura in Bengaluru South district, Vishwanath of Yelaburga in Koppal district and Hampanna Kolakar of Basavana Bagewadi in Vijayapura district.

The appellants had challenged a single judge’s February 24, 2022 order of dismissing their petition, in which they had questioned the government’s November 4, 2021 endorsement denying appointments to the petitioners citing abolition of the posts.

Cleared selection process

The petitioners had successfully cleared the competitive examination conducted by the Karnataka Public Service Commission in 2016 for 211 posts of work inspector. Their names appeared in the final select list published on September 16, 2017, and they had secured more than 25% marks.

Meanwhile, the government withheld appointment process in the guise of proposal to abolish various posts, including these posts in 2019. However, the government subsequently had told the court in an earlier proceedings that it would issue appointment letters only to those who have secured 25% of marks. The government had also told the court that in the event of abolition of these posts the candidates, who had secured more than 25% marks would be merged with equivalent cadres.

Later, the government in 2021 issued an order abolishing 1,694 posts across various departments, including 380 posts of work inspector in the DMA, excluding the then Bruhat Bangalore Mahanagara Palike.

‘Legitimate expectation’

Following this, the petitioners had approached the court after the DMA refused their representation for appointment letters citing abolition of the posts contrary to its earlier assurance to the court for appointing those who had secured more than 25% marks. However, the single judge had dismissed their petitions.

“Though mere inclusion in the select list does not confer an indefeasible right to appointment, the petitioners have a legitimate expectation grounded in the prior conduct and explicit assurance of the government,” the Bench observed citing the earlier assurance given to the court by the government on appointing those with more than 25% marks. The Bench also pointed out that the DMA had verified the petitioners’ original documents in 2019 in furtherance of its assurance.

Cannot override

The Bench also held that the cadre of works inspector, created under the Karnataka Municipal Corporation (Common Recruitment of Officers and Employees) Rules, 2011, a statutory rules, cannot be overridden by an executive order. Senior Counsel Lakshmi Narayana, appearing for the petitioners, argued that the cadre of work inspector was created under the statutory rules that cannot be overridden by an administrative order.

While directing the government to issue appointment orders to them within two months, the Bench said that if the 2011 Rules were eventually amended to abolish the cadre of work inspector, the government may merge the petitioners’ posts into an equivalent cadre.