- (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 published as GSR 390 in the Karnataka Gazette (Extra- ordinary) dated 22/12/1977 (hereinafter referred to as the said rules) shall, notwithstanding anything contained in any judgment. decree or order of any court or other authority or in the principal Act. be deemed to be as valid and effective for all purposes as if the said rules had been made under the principal Act as amended by this Act and accordingly, (A) all actions or things taken or done (including appointments and promotions made) under the said rules shall, for all purposes be deemed to be and to have always been taken or done in accordance with law; (B) no, (I) suit or other proceedings shall be maintained or continued in any court or tribunal or before any 55 authority questioning the validity of any action or thing taken or done under the said rules; and (Ii) court shall recognise or enforce any decree or order declaring that the said rules or any action or thing taken or done thereunder as invalid, On the ground that the rules were made without giving reasonable opportunity to persons likely to be affected by it to file their objections and suggestions. (2 Notwithstanding anything contained in any judgment, decree or order of any court or other authority or in the principal Act, all appointments of Administrators made or continued before the commencement of this Act shall be deemed to have been validly made for all purposes as if the said appointments had been made under the principal Act as amended by this Act and accordingly all actions and things taken or done by or under the authority of the Administrators shall be and shall be deemed to have always been validly taken or done and no suit or other proceedings shall lie or be continued in any court of law or any other authority on the ground that at the time when such action or thing was taken or done the appointment or continuance of the Administrator was not authorised by law. "since the law had been amended and all actions taken including appointments and promotions were validated the appellant after coming into force of the Act, was promoted as Executive Engineer and superintending Engineer in 1981 and 1990 and Additional Chief Engineer respectively. In 1991 those persons who had challenged validity of appellant's appointment approached the High court once again in contempt jurisdiction for non-implementation of the order passed in 1979. Faced with this situation the government repatriated the appellant to his parent department, just a few months before his retirement. According to the appellant this affected him, prejudicially both in status and pensionary benefits. He, therefore, approached the Administrative tribunal which being of opinion that since it could not examine the validity of orders in favour of appellant challenging his continuance which was pending in the high court and the appellant was not going to suffer as he is bound to be paid pension either by the Corporation or the State government, the petition had spent out its utility and, therefore, dismissed it as infructuous.;