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1 - 3 of 3 (1.85 seconds)Article 227 in Constitution of India [Constitution]
Sri M.V. Dixit And Ors. vs State Of Karnataka And Ors. on 18 June, 2004
3. Respondent Nos.1 to 3 in the lead petition, who
are the original applicants approached the Tribunal with a
prayer to quash the Government Order bearing No.LoE
112 Se. E. Si 2021 dated 14.03.2022 produced as
Annexure-A5 to the applications. Petitioners, more
particularly, respondent No.1 in the applications,
proceeded to issue the impugned Government Order dated
14.03.2022 whereby four posts out of eight posts came to
be apportioned in order to reserve the same to the
employees of the Public Works Department. The applicants
approached the Tribunal contending that the same is
without competence and that it is impermissible to create
or abolish the post without carrying out amendment to the
Cadre and Recruitment Rules, and that in the light of the
law laid down by the Co-ordinate Bench of this Court in
the case of M. V. Dixit Vs. State of Karnataka reported
in ILR 2004 Kar 3802, the impugned Notification stands
vitiated. The Tribunal accepting the said contention has
proceeded to hold that the Government Order warrants
interference as being vitiated and has been pleased to
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WP No. 2262 of 2023
C/W WP No. 22229 of 2022
allow the applications and impugned Government Order
came to be quashed.
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