Eshwarappa vs State & Ors on 28 September, 2018
5. The issue involved in this writ petition is no
more resintegra in view of the decision rendered by us in
Writ Appeal No.200012/2017 (D.D.05.09.2018) in the
case of Mallikarjun vs. The Sate of Karnataka and
others and Writ Petition No.200627/2016
(D.D.07.09.2018) in the case of The State of Karnataka
and another vs. Sri Bheemaray Kadagol, wherein,
placing reliance on the judgment of the Hon'ble Apex
Court in the case of M/s. Eastern Coalfields Ltd. vs.
Anil Badyakar & Ors. reported in AIR 2009 SC 2534 as
well as the Co-ordinate Bench decision of this Court in the
case K.M. Prakash vs. The State of Karnataka,
Department of Personnel & Administrative Reforms
(Service Rules), Rep. By its Secretary reported in ILR
2007 KAR 3108, we have held as under :