B SRINIVASA REDDY Vs. KARNATAKA URBAN WATER SUPPLY AND DRAINAGE BOARD EMPLOYEES ASSOCIATION

JUDGEMENT

(1.) LEAVE granted in both the special leave petitions.

(2.) THESE appeals have raised substantial questions of law involving interpretation of certain provisions of the Karnataka Urban Water Supply and Drainage Board Act, 1973 (for short "the Act") and the Rules made thereunder and also the principles of law governing the Writ of Quo Warranto and the power of the Government to make a contractual appointment under Section 4(2) of the Act.

(3.) THE Karnataka Urban Water Supply and Drainage Board Act, 1973 was enacted to provide for the establishment of water supply and drainage Board and the regulation and development of drinking water and drainage facilities in the urban areas in the State of Karnataka. THE Board, with the previous sanction of the Government of Karnataka, framed the Karnataka Urban Water Supply and Drainage Board Services (Cadre and Recruitment) Regulations, 1985. An amendment to serial No. 1 of the Schedule to the Regulations was introduced by the Board whereby even the Chief Engineers of the Board were made eligible for appointment to the post of Managing Director. Respondent No.1 is the Karnataka Urban Water Supply and Drainage Board Employees' Association represented by its President Halakatte. He is also respondent No.2 in his capacity as President of the Employees' Association. THE State of Karnataka and the Board are also the contesting respondents 3 and 4 in this appeal. Respondent No.1 (hereinafter called the Employees' Association) filed writ petition No. 44001 of 1995 in the High Court of Karnataka challenging the appointment of one S. Ramamurthy as the Managing Director of the Board on the ground that by virtue of Section 7(1)(d) of the Act, the said Ramamurthy, being an officer/servant (Chief Engineer earlier) of the Board, could not have been appointed as the Managing Director of the Board. THE Government of Karnataka, vide notification No. UDD/14/UB/91 dated 28.04.1997, nominated the appellant who was a Chief Engineer of the Board as one of the Directors of the Board "with immediate effect and until further orders". THE Board, after due approval of the State, vide G.O. No. HUD 15 UWE 93 dated 11.12.1997, amended the method of recruitment for the post of Managing Director of the Board in serial No. 1 of the Schedule to the Regulations to the effect that a Managing Director can be selected only from amongst the Chief Engineers of the Board. Other criterias were removed.