Karnataka Gazette, Part Part-E, 07 January 2010

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KA / BG - GPO/ 2515 /WPP-47/ 2009 - 2011

ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ್ರ

ಅಧಿಕೃತವಾಗಿ ಪ ್ರಕಟಿಸಲಾದುದು

ವಿಶೇಷ ಪತ್ರಿಕೆ

ಭಾಗ – IV-A ಬೆಂಗಳೂರು, ಮಂಗಳವಾರ, ಡಿಸೆಂಬರ್ 29, 2009 (ಪುಷ್ಯ 8, ಶಕ ವರ್ಷ 1931) ನಂ. 1317

FINANCE SECRETARIAT

NOTIFICATION

No. FD 277 CSL 2009, Bangalore, Dated: 29th December, 2009

In exercise of the powers conferred by Entry 20 of Third Schedule of the Karnataka Value Added Tax Act, 2003 (Karnataka Act 32 of 2004) read with clause (a) of sub-section(1) of section 4 of the said Act, the Government of Karnataka hereby notify that with immediate effect, 'vertical planetary mixer' having sub-heading number 8474 under the Central Excise Tariff Act, 1985 (Central Act 5 of 1986) to be the capital goods for the purpose of the said entry.

By Order and in the name of the Governor of Karnataka, K. MOHAN Desk Officer, Finance Department (C.T.-I)

ವಿಶೇಷ ಪತ್ರಿಕೆ ಭಾಗ – I ಬೆಂಗಳೂರು, ಬುಧವಾರ, ಡಿಸೆಂಬರ್ 30, 2009 (ಪುಷ್ಯ 9, ಶಕ ವರ್ಷ 1931) ನಂ. 1318 PROCEEDINGS OF THE GOVERNMENT OF KARNATAKA

FINANCE SECRETARIAT

Sub: Attachment of the properties of VINIV-INC and other allied Companies- regarding.

Read: 1) Government Order No. FD 25 TAR 2009 dated: 23-11-2009

2) Letter No. MSE/CR/24/2008-09 dated 26-12-2009 of Deputy Commissioner, Bangalore Rural District.

PREAMBLE:

In Government Order dated:23-11-2009 read at (1) above, certain immovable properties of M/s. VINIV-INC & other allied Companies acquired by them either in their own name or in the name of any other person have been attached as per the powers conferred by Section 3(2) of The Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004. However, the Deputy Commissioner, Bangalore Rural District in his letter dated 26-12-2009 read at (2) above has reported that he has verified the records pertaining to survey No.32/P2 in Ekarajapura Village, Sulibele hobli, Hoskote Taluk and found that Sri. K.N. Srinivasa Shastri of VINIV-INC has purchased converted land of 26 acres which are in the name of 9 different Khatha holders. He has also furnished details of these properties.

Inview of this, property No.2 mentioned in Govt. order No.FD 25 TAR 2009 dated:23-11-2009 needs to be modified and hence this order.

GOVERNMENT ORDER NO. FD 25 TAR 2009 (1), BANGALORE, DATED: 30-12-2009.

In exercise of Powers conferred by Section 3 Sub Section (2) of The Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004, and in partial modification of Government order No.FD 25 TAR 2009 dated 23-11-2009 Government of Karnataka orders the attachment of the 2

following immovable properties of VINIV-INC and other allied companies (as per the Annexure enclosed) acquired by them either in their own name or in the name of any other person.

Property No-1:

Schedule

Converted land of Yelahanka Village, Bangalore North Additional Taluk Bangalore District in Sy. Nos.61/2 & 61/3 from No.10 to 58 bearing Old Municipal Khatha No. 1724 to 1781 New Khatha No.1138, 1139, 1140, 1141, 1142, 1143, 1144, 1145, 1146, 1147, 1148, 1149, 1150, 1151, 1152, 1153, 1154, 1155, 1156, 1157, 1158, 1159, 1160, 1161, 1162, 1163, 1164, 1165, 1166, 1167, 1168, 1169, 1170, 1171, 1172, 1173, 1174, 1175, 1176, 1177, 1178, 1179, 1180, 1191, 1192, 1193, 1194, 1195, 1196 Total(Area) 64, 245.25 Sq.ft. (Total No. of Sites 49)

Boundaries

Property No-2:

26 acres of converted land in Survey No. 32/P2 as detailed below

By Order and in the Name of the Governor of Karnataka, C. Shamarao Under Secretary to Government Finance Department (FR & BCC)

ANNEXURE

List of VINIV-INC and other allied Companies.

1) VINIV-INC

2) VINIC-INC Foundation

3) VINIV-INC Ultra Super Market

4) VINIV-INC Properties

5) VINIV-INC Business Solutions Pvt. Ltd.

6) VINIV-INC Education Trust

7) VINIV-INC Help Mart Pvt. Ltd.

3

8) VINIV-INC Info Solutions Pvt. Ltd.

9) VINIV-INC Times

10 VINIV-INC Matrimony

11) VINIV-INC News Net

12 VINIV-INC Souharda Credit Co.op Society Ltd.

13) VINIV-INC Insurance Solution.

14) Vikas Builders

ವಿಶೇಷ ಪತ್ರಿಕೆ

ಭಾಗ – I ಬೆಂಗಳೂರು, ಬುಧವಾರ, ಡಿಸೆಂಬರ್ 30, 2009 (ಪುಷ್ಯ 9, ಶಕ ವರ್ಷ 1931) ನಂ. 1319 PROCEEDINGS OF THE GOVERNMENT OF KARNATAKA

FINANCE SECRETARIAT

Sub: Attachment of the properties of VINIV-INC and other allied Companies- regarding.

Read: 1) Government Order No. FD 25 TAR 2009 dated: 23-11-2009

2) Letter No. MSE/CR/24/2008-09 dated 26-12-2009 of Deputy Commissioner, Bangalore Rural District.

3) Letter No. MSC/CR/1/09-10 dated:29-12-2009 of Assistant Commissioner, Doddaballapur Sub Division.

PREAMBLE:

In Government Order dated:23-11-2009 read at (1) above, certain immovable properties of M/s. VINIV-INC & other allied Companies acquired by them either in their own name or in the name of any other person have been attached as per the powers conferred by Section 3(2) of The Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004. In the letters read at (2) and (3) above it is reported that Shri. Shastri has 21 acres 24 Guntas of Agricultural land in the name of Directors and their families relating to VINIV-INC under 13 different Khathas in Teneyuru Village, Sulibele hobli, Hoskote Taluk. It is also reported that Sri. K.N. Srinivasa Shastri of VINIV-INC has 1 Acre 23 Guntas of Agricultural land in Mugabala, Hosahalli Village in Jadigenahalli Hobli of Hoskote taluk in the name of his wife. The above mentioned lands were not brought to the notice of the Government and hence had not been attached.

In view of the above, it is proposed to attach the above properties also and hence this order.

GOVERNMENT ORDER NO. FD 25 TAR 2009 (2), BANGALORE, DATED: 30-12-2009.

In exercise of Powers conferred by Section 3 Sub Section (2) of The Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004, Government of Karnataka orders the attachment of the following immovable properties of VINIV-INC and other allied companies (as per the Annexure enclosed) acquired by them either in their own name or in the name of any other person.

Property No-1:

21 Acres 24 Guntas of Agricultural land in Teneyuru village, Sulibele hobli, Hosakote Taluk.

Property No-2:

1 Acre 23 Guntas of Agricultural land in Mugabala Hosahalli village in Jadigenahalli Hobli of Hosakote Taluk.

By Order and in the Name of the Governor of Karnataka, C. Shamarao Under Secretary to Government Finance Department (FR & BCC)

ANNEXURE

List of VINIV-INC and other allied Companies.

1) VINIV-INC

2) VINIC-INC Foundation

3) VINIV-INC Ultra Super Market

4) VINIV-INC Properties

5) VINIV-INC Business Solutions Pvt. Ltd.

6) VINIV-INC Education Trust

7) VINIV-INC Help Mart Pvt. Ltd.

8) VINIV-INC Info Solutions Pvt. Ltd.

9) VINIV-INC Times

10 VINIV-INC Matrimony

11) VINIV-INC News Net 5

12 VINIV-INC Souharda Credit Co.op Society Ltd.

13) VINIV-INC Insurance Solution.

14) Vikas Builders

ವಿಶೇಷ ಪತ್ರಿಕೆ ಭಾಗ – IV-A ಬೆಂಗಳೂರು, ಬುಧವಾರ, ಡಿಸೆಂಬರ್ 30, 2009 (ಪುಷ್ಯ 9, ಶಕ ವರ್ಷ 1931) ನಂ. 1320

ಕರ್ನಾಟಕ ವಿಧಾನಸಭ ೆಯ ಸಚಿವಾಲಯ

ಅಧಿಸೂಚನೆ

ಸಂಖ್ಯೆ: ವಿಸಸ/ಶಾರಶಾ/16/ಸರಾ/2008-09, ಬೆಂಗಳೂರು, ದಿನಾಂಕ : 30ನೇ ಡಿಸೆಂಬರ್, 2009 ಹದಿಮೂರನೇ ವಿಧಾನಸಭೆಯ ಉಪಸಭಾಧ್ಯಕ್ಷರಾದ ಶ್ರೀ ಕೆ.ಜಿ.ಬೋಪಯ್ಯ ಅವರು ದಿನಾಂಕ: 30ನೇ ಡಿಸೆಂಬರ್, 2009ರಂದು ಕರ್ನಾಟಕ ವಿಧಾನಸಭೆಯ ಅಧ್ಯಕ್ಷರಾಗಿ ಚುನಾಯಿಸಲ್ಪಟ್ಟಿರುತ್ತಾರೆ.

ಎಸ್.ಬಿ.ಪಾಟೀಲ್ ಕಾರ್ಯದರ್ಶಿ, ಕರ್ನಾಟಕ ವಿಧಾನಸಭೆ KARNATAKA LEGISLATIVE ASSEMBLY SECRETARIAT

NOTIFICATION

No. KLAS/LGA/16/SR/2008-09, Bangalore, Dated: 30th December, 2009

Sri K.G.Bopaiah, Deputy Speaker, 13th Legislative Assembly, has been elected as Speaker of the Karnataka Legislative Assembly on 30th December, 2009.

S.B. PATIL Secretary, Karnataka Legislative Assembly

ವಿಶೇಷ ಪತ್ರಿಕೆ ಭಾಗ – III ಬೆಂಗಳೂರು, ಬುಧವಾರ, ಡಿಸೆಂಬರ್ 30, 2009 (ಪುಷ್ಯ 9, ಶಕ ವರ್ಷ 1931) ನಂ. 1321

Commerce & Industries Secretariat

NOTIFICATION

NO. CI.322:MMM.2007, Bangalore, Dated: 30th December, 2009

It is hereby informed for mining public, that the areas noted in the Annexure to this Notification, is available for re-grant for Reconnaissance Permits, under Rule 59 of Mineral Concession Rules, 1960.

The application for grant of Reconnaissance Permits shall be received by the Director of Mines and Geology, No.49, "Khanija Bhavan", D.Devaraj Urs Road, Bangalore-1. The sketch of the areas is available for inspection at the office of the Director, Department of Mines and Geology, Khanija Bhavan, D.Devaraj Urs Road, Bangalore-1 during working hours on all working days.

The starting date for filing Reconnaissance Permits application shall be first day after completion of 30 days from the date of publication of the Notification in the Official Gazette. The closing date/end date for filing Reconnaissance Permits application shall be 30th day from the first day/ starting date. If the last date for filing Reconnaissance Permits applications happens to be a Public Holiday or General Holiday, applications will be received on the next working day.

The applicants should note that the availability of the area published herein is subject to the clearance from the Revenue Department for mining activities and compliance of the MM(D&R)Act, 1957 and the Mineral Concession Rules,1960 and all other relevant Acts and Rules by the applicants. In case, the area is found to consist of Forest lands, the clearance from the Forest Department under Section (2) of the Forest Conservation Act, 1980, for utilizing the area for non-forest activities should be obtained by the applicants.

BY ORDER AND IN THE NAME OF THE

GOVERNOR OF KARNATAKA, M.VASUDEVAMURTHY Under Secretary to Government, (Mines) Commerce & Industries Department.

6

ANNEXURE TO THE GOVERNMENT NOTIFICATION NO. CI 322 MMM. 2007, DATED: 30-12-2009 LIST OF AREAS FOR RE-GRANT FOR RECONNAISSANCE PERMIT

M.VASUDEVAMURTHY Under Secretary to Government (Mines), Commerce & Industries Department.

7

ವಿಶೇಷ ಪತ್ರಿಕೆ ಭಾಗ – IV-A ಬೆಂಗಳೂರು, ಬುಧವಾರ, ಡಿಸೆಂಬರ್ 30, 2009 (ಪುಷ್ಯ 9, ಶಕ ವರ್ಷ 1931) ನಂ. 1322

ಕರ್ನಾಟಕ ವಿಧಾನ ಪರಿಷತ್ತಿನ ಸಚಿವಾಲಯ

ಅಧಿಸೂಚನೆ

ಸಂ. ಕವಿಪ : ಶಾರಶಾ : 1687 : ಸನಿ : 09, ಬೆಂಗಳೂರು, ದಿನಾಂಕ : 29ನೇ ಡಿಸೆಂಬರ್, 2009 ವಿಧಾನ ಸಭಾ ಸದಸ್ಯರುಗಳಿಂದ ವಿಧಾನ ಪರಿಷತ್ತಿಗೆ ಚುನಾಯಿತರಾಗಿದ್ದ ಮಾನ್ಯ ಸದಸ್ಯರಾದ ಶ್ರೀ ಎಸ್. ಕೈಲಾಸ್ ಅವರು ದಿನಾಂಕ : 29.12.2009 ರಂದು ನಿಧನರಾದರು. ಇದರಿಂದಾಗಿ ವಿಧಾನ ಪರಿಷತ್ತಿನಲ್ಲಿ ಒಂದು ಸ್ಥಾನ ತೆರವಾಗಿರುತ್ತದೆ.

ವಿ. ಶ್ರೀಶ್ ಕಾರ್ಯದರ್ಶಿ ಕರ್ನಾಟಕ ವಿಧಾನ ಪರಿಷತ್ತು

KARNATAKA LEGISLATIVE COUNCIL SECRETARIAT

NOTIFICATION

No. KLC/Legn/1687/DM/2009, Bangalore, Dated : 29th December, 2009

Sri S. Kailas who was elected to the Karnataka Legislative Council by the Members of the Legislative Assembly demised on 29.12.2009. This has caused a vacancy in the Legislative Council.

V. Shreesh Secretary

Karnataka Legislative Council

ವಿಶೇಷ ಪತ್ರಿಕೆ ಭಾಗ – VI ಬೆಂಗಳೂರು, ಗುರುವಾರ, ಡಿಸೆಂಬರ್ 31, 2009 (ಪುಷ್ಯ 10, ಶಕ ವರ್ಷ 1931) ನಂ. 1323 OFFICE OF THE DEPUTY COMMISSIONER Bangalore Rural District, Bangalore,

NOTIFICATION

No. CEN : CR : 03/09-10, Bangalore, Dated : 29th December, 2009

In exercise of the powers conferred by Government in their Notification No. RD 20 ETC 2009, dated : 02-12-2009, the undersigned, sub-section (4) of Section 4 of the Indian Census Act, 1948, (Central Act No. 37 of 1948) hereby appoints the following noted in column (3) Census Officer with designation noted in column (4) for the jurisdiction noted in column (5) of the table given below for the purpose of 2011 Census.

Sd/- R. K. Raju Deputy Commissioner and Principal Census Officer Bangalore Rural District

ವಿಶೇಷ ಪತ್ರಿಕೆ

ಭಾಗ –IV-A ಬೆಂಗಳೂರು, ಗುರುವಾರ, ಡಿಸೆಂಬರ್ 31, 2009 (ಪುಷ್ಯ 10, ಶಕ ವರ್ಷ 1931) ನಂ. 1324

ಕರ್ನಾಟಕ ವಿಧಾನ ಸಭ

ೆಯ ಸಚಿವಾಲಯ

ಅಧಿಸೂಚನೆ

ಸಂ. ವಿಸಸ/ಶಾರಶಾ/49/ಉಸಚು/2008-09, ಬೆಂಗಳೂರು, ದಿನಾಂಕ : 31ನೇ ಡಿಸೆಂಬರ್, 2009 ಹದಿಮೂರನೇ ವಿಧಾನಸಭೆಯ ಉಪಸಭಾಧ್ಯಕ್ಷರಾದ ಶ್ರೀ ಕೆ.ಜಿ. ಬೋಪಯ್ಯ ಅವರು ದಿನಾಂಕ 30ನೇ ಡಿಸೆಂಬರ್, 2009ರ ಅಪರಾಹ್ನದಂದು ಕರ್ನಾಟಕ ವಿಧಾನಸಭೆಯ ಉಪಸಭಾಧ್ಯಕ್ಷರ ಸ್ಥಾನಕ್ಕೆ ರಾಜೀನಾಮೆಯನ್ನು ನೀಡಿರುತ್ತಾರೆ.

ಎಸ್.ಬಿ. ಪಾಟೀಲ್ ಕಾರ್ಯದರ್ಶಿ, ಕರ್ನಾಟಕ ವಿಧಾನಸಭೆ

KARNATAKA LEGISLATIVE ASSEMBLY SECRETARIAT

NOTIFICATION

No. KLAS/LGA/49/EDS/2008-09, Bangalore, Dated : 31st December, 2009

Sri K.G. Bopapiah, Hon'ble Deputy Speaker, 13th Legislative Assembly, has tendered his resignation to the office of the Deputy Speaker from the afternoon of 30.12.2009.

S.B. PATIL Secretary, Karnataka Legislative Assembly 9

ವಿಶೇಷ ಪತ್ರಿಕೆ

ಭಾಗ – IV-A ಬೆಂಗಳೂರು, ಗುರುವಾರ, ಡಿಸೆಂಬರ್ 31, 2009 (ಪುಷ್ಯ 10, ಶಕ ವರ್ಷ 1931) ನಂ. 1325

ಆರ್ಥಿಕ ಸಚಿವಾಲಯ

ಅಧಿಸೂಚನೆ

ಸಂ. ಆಇ : 1311 : ವೆಚ್ಚ-12/09, ಬೆಂಗಳೂರು, ದಿನಾಂಕ : 16ನೇ ಡಿಸೆಂಬರ್, 2009

2009ರ ಸಾಲಿನಲ್ಲಿ ಜರುಗಲಿರುವ ಪಂಚಲಿಂಗ ದರ್ಶನ ಮಹೋತ್ಸವ ಸಂದರ್ಭದಲ್ಲಿ ಆಗಮಿಸುವ ಭಕ್ತಾದಿ ಹಾಗೂ ಯಾತ್ರಾರ್ಥಿಗಳಿಗೆ ಮೂಲಭೂತ ಸೌಲಭ್ಯಗಳನ್ನು ಒದಗಿಸುವ ಹಿನ್ನೆಲೆಯಲ್ಲಿ ಅಭಿವೃದ್ಧಿ ಕಾಮಗಾರಿಗಳನ್ನು ರೂ. 23,28,52,615/- ಗಳ ವೆಚ್ಚದಲ್ಲಿ ನೇರವಾಗಿ ಕೈಗೊಳ್ಳಲು ಕರ್ನಾಟಕ ಸಾರ್ವಜನಿಕ ಸಂಗ್ರಹಣೆಗಳಲ್ಲಿ ಪಾರದರ್ಶಕತೆ ಅಧಿನಿಯಮ 1999 ರ ಕಲಂ 4(ಜಿ) ರಡಿ ಪ್ರದತ್ತವಾದ ಅಧಿಕಾರ ಚಲಾಯಿಸಿ, ಸರ್ಕಾರವು ಕಂದಾಯ ಇಲಾಖೆಗೆ ಪಾರದರ್ಶಕತೆ ಕಾಯ್ದೆಯಿಂದ ವಿನಾಯಿತಿ ನೀಡಿದೆ.

ಕರ್ನಾಟಕ ರಾಜ್ಯಪಾಲರ ಆಜ್ಞಾನುಸಾರ ಮತ್ತು ಅವರ ಹೆಸರಿನಲ್ಲಿ

ಎನ್. ಚಂದ ್ರಕುಮಾರ್

ಸರ್ಕಾರದ ಉಪ ಕಾರ್ಯದರ್ಶಿ ಆರ್ಥಿಕ ಇಲಾಖೆ (ಸಂಗ್ರಹಣಾ ಕೋಶ)

ವಿಶೇಷ ಪತ್ರಿಕೆ ಭಾಗ – IV-A ಬೆಂಗಳೂರು, ಗುರುವಾರ, ಡಿಸೆಂಬರ್ 31, 2009 (ಪುಷ್ಯ 10, ಶಕ ವರ್ಷ 1931) ನಂ. 1326

ಆರ್ಥಿಕ ಸಚಿವಾಲಯ

ಅಧಿಸೂಚನೆ

ಸಂ. ಆಇ : 1308 : ವೆಚ್ಚ-12/09, ಬೆಂಗಳೂರು, ದಿನಾಂಕ : 16ನೇ ಡಿಸೆಂಬರ್, 2009

ವಿಶೇಷ ಪತ್ರಿಕೆ ಭಾಗ – IV-A ಬೆಂಗಳೂರು, ಗುರುವಾರ, ಡಿಸೆಂಬರ್ 31, 2009 (ಪುಷ್ಯ 10, ಶಕ ವರ್ಷ 1931) ನಂ. 1327

10

ವಹಿಸಲು ಕರ್ನಾಟಕ ಸಾರ್ವಜನಿಕ ಸಂಗ್ರಹಣೆಗಳಲ್ಲಿ ಪಾರದರ್ಶಕತೆ ಅಧಿನಿಯಮ 1999ರ ಕಲಂ 4(ಜಿ) ರಡಿ ಪ್ರದತ್ತವಾದ ಅಧಿಕಾರವನ್ನು ಚಲಾಯಿಸಿ, ಗ್ರಾಮೀಣಾಭಿವೃದ್ಧಿ ಮತ್ತು ಪಂಚಾಯತ್ ರಾಜ್ ಇಲಾಖೆಗೆ ವಿನಾಯಿತಿ ನೀಡಲಾಗಿದೆ.

ಕರ್ನಾಟಕ ರಾಜ್ಯಪಾಲರ ಆಜ್ಞಾನುಸಾರ ಮತ್ತು ಅವರ ಹೆಸರಿನಲ್ಲಿ

ಎನ್. ಚಂದ ್ರಕುಮಾರ್

ಸರ್ಕಾರದ ಉಪ ಕಾರ್ಯದರ್ಶಿ ಆರ್ಥಿಕ ಇಲಾಖೆ (ಸಂಗ್ರಹಣಾ ಕೋಶ)

ವಿಶೇಷ ಪತ್ರಿಕೆ

ಭಾಗ – III ಬೆಂಗಳೂರು, ಗುರುವಾರ, ಡಿಸೆಂಬರ್ 31, 2009 (ಪುಷ್ಯ 10, ಶಕ ವರ್ಷ 1931) ನಂ. 1328

ವಾಣಿಜ್ಯ ಮತ್ತು ಕೈಗಾರಿಕಾ ಸಚಿವಾಲಯ

ಅಧಿಸೂಚನೆ

1966ರ ಕರ್ನಾಟಕ ಕೈಗಾರಿಕಾ ಪ್ರದೇಶಾಭಿವೃದ್ಧಿ ಕಾಯ್ದೆಯ ವಿಧಿ 4ರ ಮೇರೆಗೆ

ಸಂಖ್ಯೆ : ಸಿಐ 39 ಎಸ್‌ಪಿಕ್ಯೂ 2008, ಬೆಂಗಳೂರು, ದಿನಾಂಕ, 21ನೇ ಡಿಸೆಂಬರ್, 2009

ಕರ್ನಾಟಕ ಕೈಗಾರಿಕಾ ಪ್ರದೇಶಾಭಿವೃದ್ಧಿ ಕಾಯ್ದೆಯ (1966 ಕರ್ನಾಟಕ ಕಾಯ್ದೆ 18, 1966) ಕಲಂ 1(3) ಹಾಗೂ 3(1)ರ ಮೇರೆಗೆ ಸರ್ಕಾರದ ಅಧಿಸೂಚನೆ ಸಂಖ್ಯೆ : ಸಿಐ 269 ಎಸ್‌ಪಿಕ್ಯೂ 2006, ಬೆಂಗಳೂರು ದಿನಾಂಕ : 07.02.2007 ರಾಜ್ಯಪತ್ರದಲ್ಲಿ ಪ್ರಕಟಣೆ ದಿನಾಂಕ : 08.03.2007 ಮತ್ತು ಕಲಂ 28(1) ರ ಅಧಿಸೂಚನೆ ಸಂಖ್ಯೆ : ಸಿಐ 269 ಎಸ್‌ಪಿಕ್ಯೂ 2006 ದಿನಾಂಕ : 07.02.2007 ರಾಜ್ಯ ಪತ್ರದಲ್ಲಿ ದಿನಾಂಕ : 08.03.2007 ರಂದು ಪ್ರಕಟವಾಗಿದ್ದು, ಈ ಕೆಳಗಿನ ಅನುಸೂಚಿಯಲ್ಲಿ ಕಾಣಿಸಿರುವ ಜಮೀನಿನಲ್ಲಿ ಹೊಂದಿಕೊಂಡಂತೆ ಅಂಕಣ 4 ರಲ್ಲಿರುವ ವಿಸ್ತೀರ್ಣ ಹಾಗೂ ಅಂಕಣ 5 ರಲ್ಲಿ ಕಾಣಿಸಿರುವ ಚಕ್ಕುಬಂದಿಗಳನ್ನು ಒಳಗೊಂಡ ಪ್ರದೇಶಗಳು ಕೈಗಾರಿಕಾ ಪ್ರದೇಶ ಸ್ಥಾಪನೆಗೆ ಯೋಗ್ಯವಾಗಿಲ್ಲದಿರುವ ಕಾರಣ, ಕರ್ನಾಟಕ ಕೈಗಾರಿಕಾ ಪ್ರದೇಶಾಭಿವೃದ್ಧಿ ಕಾಯ್ದೆ 1966ರ ಕಲಂ 4 ರ ಅನ್ವಯ ವಿಹಿತವಾಗಿರುವ ಅಧಿಕಾರದ ಮೇರೆಗೆ ಕೈಗಾರಿಕಾ ಪ್ರದೇಶದಿಂದ ಕೈಬಿಡಲಾಗಿದೆ ಎಂದು ಈ ಮೂಲಕ ಘೋಷಿಸಲಾಗಿದೆ.

ಗ್ರಾಮ : ಕುರ್ನಾಡು, ಚೇಳೂರು, ಬಾಳೆಪುಣಿ, ಇರಾ ಹೋಬಳಿ : ಪಾಣಿ ಮಂಗಳೂರು ತಾಲ್ಲೂಕು : ಬಂಟ್ವಾಳ ಜಿಲ್ಲೆ : ದಕ್ಷಿಣ ಕನ್ನಡ

59.81 16.65

1.58 -

3.22

ಕರ್ನಾಟಕ ರಾಜ್ಯಪಾಲರ ಆದೇಶಾನುಸಾರ ಮತ್ತು ಅವರ ಹೆಸರಿನಲ್ಲಿ,

ಕೆ.ಎಂ. ವೀರಯ್ಯ ಸರ್ಕಾರದ ಅಧೀನ ಕಾರ್ಯದರ್ಶಿ (ಕೈ.ಅ.) ವಾಣಿಜ್ಯ ಮತ್ತು ಕೈಗಾರಿಕೆ ಇಲಾಖೆ

ವಿಶೇಷ ಪತ್ರಿಕೆ

ಭಾಗ - III ಬೆಂಗಳೂರು, ಗುರುವಾರ, ಡಿಸೆಂಬರ್ 31, 2009 (ಪುಷ್ಯ 10, ಶಕ ವರ್ಷ 1931) ನಂ. 1329

ವಾಣಿಜ್ಯ ಮತ್ತು ಕೈಗಾರಿಕಾ ಸಚಿವಾಲಯ

ಅಧಿಸೂಚನೆ

ಸಂಖ್ಯೆ : ಸಿಐ 114 ಎಸ್‌ಪಿಕ್ಯೂ 2007, ಬೆಂಗಳೂರು, ದಿನಾಂಕ, 21ನೇ ಡಿಸೆಂಬರ್, 2009

ಕರ್ನಾಟಕ ಕೈಗಾರಿಕಾ ಪ್ರದೇಶಾಭಿವೃದ್ಧಿ ಕಾಯ್ದೆಯ (1966ರ ಕರ್ನಾಟಕ ಕಾಯ್ದೆ 18, 1966) ಕಲಂ 3(1) 1(3) ಮತ್ತು 28(1)ರ ಸರ್ಕಾರದ ಅಧಿಸೂಚನೆ ಸಂಖ್ಯೆ : ಸಿಐ 210 ಎಸ್‌ಪಿಕ್ಯೂ 2005, ದಿನಾಂಕ : 29.07.2005 ರಲ್ಲಿ ಪ್ರಕಟಗೊಂಡ ಗುಲ್ಬರ್ಗಾ ಜಿಲ್ಲೆ, ಯಾದಗೀರಿ ತಾಲ್ಲೂಕು, ಮುಂಡರಗಾ ಗ್ರಾಮದ ಒಟ್ಟು 50 ಎಕರೆ 19 ಗುಂಟೆ ವಿಸ್ತೀರ್ಣವುಳ್ಳ ಅನುಬಂಧದಲ್ಲಿರುವ ಸರ್ವೆ ನಂಬರ್‌ಗಳ ಜಮೀನಿಗೆ ಅನ್ವಯವಾಗುವಂತೆ ಭೂಸ್ವಾಧೀನ ಪ್ರಕ್ರಿಯೆಯನ್ನು ಪ್ರಾರಂಭಿಸಲು ಹೊರಡಿಸಲಾದ ಅಧಿಸೂಚನೆಯನ್ನು 1897ರ ಜನರಲ್ ಕ್ಲಾಸಸ್ ಕಾಯ್ದೆಯ ಕಲಂ 21 ರನ್ವಯ ವಿರಹಿತವಾಗಿರುವ ಅಧಿಕಾರದ ಮೇರೆಗೆ ರದ್ದುಪಡಿಸಿ (Rescind), ಆದೇಶಿಸಲಾಗಿದೆ.

ಕರ್ನಾಟಕ ರಾಜ್ಯಪಾಲರ ಆದೇಶಾನುಸಾರ ಮತ್ತು ಅವರ ಹೆಸರಿನಲ್ಲಿ, ಕೆ.ಎಂ. ವೀರಯ್ಯ ಸರ್ಕಾರದ ಅಧೀನ ಕಾರ್ಯದರ್ಶಿ (ಕೈ.ಅ.) ವಾಣಿಜ್ಯ ಮತ್ತು ಕೈಗಾರಿಕೆ ಇಲಾಖೆ 14

ಅಧಿಸೂಚನೆ ಸಂಖ್ಯೆ : ಸಿಐ 114 ಎಸ್‌ಪಿಕ್ಯೂ 2007 ದಿನಾಂಕ : 21.12.2009

-: ಅನುಬಂಧ

:-

ಕೆ.ಎಂ. ವೀರಯ್ಯ ಸರ್ಕಾರದ ಅಧೀನ ಕಾರ್ಯದರ್ಶಿ (ಕೈ.ಅ.) ವಾಣಿಜ್ಯ ಮತ್ತು ಕೈಗಾರಿಕೆ ಇಲಾಖೆ

ವಿಶೇಷ ಪತ್ರಿಕೆ ಭಾಗ – IV-A ಬೆಂಗಳೂರು, ಗುರುವಾರ, ಡಿಸೆಂಬರ್ 31, 2009 (ಪುಷ್ಯ 10, ಶಕ ವರ್ಷ 1931) ನಂ. 1330

ಆರ್ಥಿಕ ಸಚಿವಾಲಯ

ಅಧಿಸೂಚನೆ

ಸಂ. ಆಇ : 1392 : ವೆಚ್ಚ-12/2009, ಬೆಂಗಳೂರು, ದಿನಾಂಕ : 21ನೇ ಡಿಸೆಂಬರ್, 2009

ರಾಷ್ಟ್ರೀಯ ಕೈಮಗ್ಗ ಮೇಳ 2010ನ್ನು, ದಿನಾಂಕ : 24-12-2009 ರಿಂದ ದಿನಾಂಕ : 13-01-2010 ರವರೆಗೆ, ಬೆಂಗಳೂರಿನ ಅರಮನೆ ಮೈದಾನದಲ್ಲಿ, ರೂ. 90.00 ಲಕ್ಷಗಳ ಅಂದಾಜಿನಲ್ಲಿ, ಪರಿಣಿತಿ ಹೊಂದಿರುವ ರಾಜ್ಯ ಸರ್ಕಾರಿ ಸಂಸ್ಥೆಯಾದ ಮೆ: ಮಾರ್ಕೆಟಿಂಗ್ ಕನ್ಸಲ್ಟೆಂಟ್ ಮತ್ತು ಏಜನ್ಸೀಸ್ ಲಿಮಿಟೆಡ್ (MC&A) ಬೆಂಗಳೂರು, ಇವರ ಮುಖಾಂತರ 15

ಆಯೋಜಿಸಲು/ನಿರ್ವಹಿಸುವ ಸಲುವಾಗಿ ಕರ್ನಾಟಕ ಸಾರ್ವಜನಿಕ ಸಂಗ್ರಹಣೆಗಳಲ್ಲಿ ಪಾರದರ್ಶಕತೆ ಅಧಿನಿಯಮ 1999 ರ ಕಲಂ 4(ಜಿ) ರಡಿ ಪ್ರದತ್ತವಾದ ಅಧಿಕಾರ ಚಲಾಯಿಸಿ, ಸರ್ಕಾರವು ವಾಣಿಜ್ಯ ಮತ್ತು ಕೈಗಾರಿಕೆ ಇಲಾಖೆಗೆ ಪಾರದರ್ಶಕತೆ ಕಾಯ್ದೆಯಿಂದ ವಿನಾಯಿತಿ ನೀಡಿದೆ.

ಕರ್ನಾಟಕ ರಾಜ್ಯಪಾಲರ ಆಜ್ಞಾನುಸಾರ ಮತ್ತು ಅವರ ಹೆಸರಿನಲ್ಲಿ

ಎನ್. ಚಂದ ್ರಕುಮಾರ್

ಸರ್ಕಾರದ ಉಪ ಕಾರ್ಯದರ್ಶಿ ಆರ್ಥಿಕ ಇಲಾಖೆ (ಸಂಗ್ರಹಣಾ ಕೋಶ)

ವಿಶೇಷ ಪತ್ರಿಕೆ

ಭಾಗ – IV-A ಬೆಂಗಳೂರು, ಶುಕ್ರವಾರ, ಜನವರಿ 1, 2010 (ಪುಷ್ಯ 11, ಶಕ ವರ್ಷ 1931) ನಂ. 2

HOME SECRETARIAT

NOTIFICATION

No. HD 132 PMS 2009 (I), Bangalore, dated 1st January, 2010

In exercise of the powers conferred by sub-clause(2) of clause 2 of Foreigners Order 1948 read with Government of India Notification No.9/9/46/1 Political(FW) dated 10th February, 1948 and in partial modication of the Notification No. HD 43 PPV 78 dated 19th July, 1978 consequent to appointment of the Foreigners Regional Registration Officer, Bangalore as the Civil Authority for the purpose of the said order for the jurisdiction of Bangalore City Police Commissionerate and Bangalore District under the administrative control of the Superintendent of Police, Bangalore District under sub-clause(2) of clause 2 of Foreigners Order, 1948 with effect from 1.1.2010, the Government of Karnataka hereby withdraws the powers of the Commissioner of Police, Bangalore City as the Civil Authority for the jurisdiction of Metropolitan area of Bangalore City and also withdraws the powers of the District Magistrate of Bangalore Rural District as Civil Authority, insofaras the administrative jurisdiction of the Superintendent of Police, Bangalore Rural District with effect from 1st January, 2010 and the Foreigners Regional Registration Officer, Bangalore shall be the Civil Authority for the jurisdiction of Bangalore City Police Commissionerate and Bangalore Rural District with effect from 1.1.2010.

By order and in the name of the Governor of Karnataka,

ALICE GONSALVES Under Secretary to Government Home Department, (Passport & Foreigners)

ವಿಶೇಷ ಪತ್ರಿಕೆ

ಭಾಗ – IV-A ಬೆಂಗಳೂರು, ಶುಕ್ರವಾರ, ಜನವರಿ 1, 2010 (ಪುಷ್ಯ 11, ಶಕ ವರ್ಷ 1931) ನಂ. 3

HOME SECRETARIAT

NOTIFICATION

No. HD 132 PMS 2009 (II), Bangalore, dated 1st January, 2010

In exercise of the powers conferred by sub-rule(1) of rule 3 of the Registration of Foreigners Rules, 1992 read with the Government of India, Ministry of Home Affairs Notification No. 4/3/56-(1)-F.I. dated 19th April, 1958, and consequent to appointment of Foreigners Regional Registration Officer, Bangalore by the Government of India under sub-rule(1) of rule 3 of the aforesaid rules and the Foreigners Order, 1948 to perform the functions of the Registration Officer under the said rules and the Foreigners Order, 1948 for the jurisdiction of Bangalore City Police Commissionerate and Bangalore Rural district under the administrative control of the Superintendent of Police, Bangalore District with effect from 1.1.2010, the Government of Karnataka hereby amend the Notification No. GAD 50 FRM 57 dated 18.6.1958 continuing the appointment of the Inspector General of Police (Intelligence), Karnataka, Bangalore as the State Registration Officer for the entire State of Karnataka excluding the jurisdictions of the Police Commissionerate of Bangalore City and the Superintendent of Police, Bangalore Rural District with effect from 1st January, 2010 and the Foreigners Regional Registration Officer, Bangalore shall be the 16

Registration Officer for the jurisdiction of Bangalore City Police Commissionerate and Bangalore Rural District with effect from 1.1.2010.

By order and in the name of the Governor of Karnataka,

ALICE GONSALVES Under Secretary to Government Home Department, (Passport & Foreigners)

ವಿಶೇಷ ಪತ್ರಿಕೆ

ಭಾಗ – IV-A ಬೆಂಗಳೂರು, ಶನಿವಾರ, ಜನವರಿ 2, 2010 (ಪುಷ್ಯ 12, ಶಕ ವರ್ಷ 1931) ನಂ. 5 PUBLIC WORKS, PORTS AND INLAND WATER TRANSPORT SECRETARIAT

NOTIFICATION

No. PWD 40 CRM 2008, Bangalore, dated 1st January, 2010

WHEREAS the Government of Karnataka has entered into an agreement with M/s Nandi Infrastructure Corridor Enterprises Limited (hereinafter referred to as the Company) to develop the Toll Road which means the Expressway between Bangalore & Mysore. the Bangalore Feeder, the Mysore Feeder, the Link Road and Outer Peripheral Road collectively;

AND WHEREAS having regard to the expenditure involved in building, maintenance, management and operation, on the capital invested and reasonable return, the Government of Karnataka has decided to determine the Toll rates;

AND WHEREAS the Government of Karnataka, in exercise of the powers conferred under Section 19A (3) of the Karnataka Highways Act 1964 (hereinafter referred to as the said Act), authorised the Company to demand, collect and retain the Toll for different type of vehicles vide Notification No. PWD 40 CRM 2008 dated 18-12-2008 at the rates specified in the Schedules to the said Notification;

AND WHEREAS the Government of Karnataka has entered into an agreement with the Company to design, develop, construct, operate and maintain the Toll Road and to collect, retain and appropriate Toll for use of the Toll Road or any part thereof. The Toll rates will be subject to revision at the rate of 10% over the rate prevailing in the immediately preceding year throughout the concession period;

NOW, THEREFORE in exercise of the powers conferred under Section 19A (3) of the Karnataka Highways Act 1964 (hereinafter referred to as the said Act)

AND as per Article 3.5 of the Toll Concession Agreement dated 4-9-2000, the Government of Karnataka hereby authorise the Company with immediate effect to demand, col1ect and retain the Toll for different type of vehicles at the revised rates specified in the Schedules below: SCHEDULE OF TOLL

I. PHERIPHERAL ROAD:

17

II. LINK ROAD

DISPLAY OF TOLL RATES:

1.2.1. The approved Toll rates should be displayed in English, Hindi and Kannada on boards in the vicinity of Toll Plazas which should be readable from driver's seat.

The above mentioned rate/s be displayed on Boards erected in the vicinity of the Toll Road.

BY ORDER AND IN THE NAME OF THE GOVERNOR OF KARNATAKA,

T.B.Renuka Prasad Project Co-ordinator, BMICP Public Works, Ports & Inland Water

Transport Department

ವಿಶೇಷ ಪತ್ರಿಕೆ

ಭಾಗ – IV-A ಬೆಂಗಳೂರು, ಶನಿವಾರ, ಜನವರಿ 2, 2010 (ಪುಷ್ಯ 12, ಶಕ ವರ್ಷ 1931) ನಂ. 6

HOME SECRETARIAT

NOTIFICATION

No. HD 102 PRE 2005, Bangalore, dated 2nd January, 2010

The draft of the following rules further to amend the Karnataka Prisons Service (Recruitment) Rules, 2002 which the Government of Karnataka proposes to make in exercise of the powers conferred by sub-section (1) of section 3 read with section 8 of the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990) is hereby published as required by clause (1) of sub-section (2) of section 3 of the said Act, for the information of all the persons likely to be affected thereby and notice is hereby given that the said draft will be taken into consideration after the expiry of fifteen days from the date of its publication in the official Gazette.

Any objection or suggestion which may be received by the State Government from any person with respect to the said draft before the expiry of the period specified above will be considered by the State Government. Objections and Suggestions may be addressed to the Secretary to Government (PCAS), Home Department, Vidhana Soudha, Bangalore-560 001.

DRAFT RULES

1. Title and Commencement.- (1) These rules may be called the Karnataka Prisons Service (Recruitment) (Amendment) Rules, 2009.

(2) They shall come into force on the date of their publication in the official Gazette.

2. Amendment of the schedule.- In the Karnataka Prisons Service (Recruitment) Rules, 2002, in the schedule,-

(3) in serial number 7, in the entries relating to the category of post of Jailor,-

(I) in column (5), under the heading, "(v) viva voce;'' for the words and figures ''20 marks''. the words and figures ''5 marks'' shall be substituted;

(II) in column (6), under the heading, for Direct Recruitment, under sub-heading (1) Age limit,- (i) in clause (a), for the words "Twenty six years" the words "Twenty eight years" shall be substituted;

(iii) in clause (b),-

(a) for the words "Twenty four years'' the words "Twenty six years'' shall be substituted.

18

(b) the words and figures "or up to the age of 38 years which ever is less'' shall be omitted and the words "shall be relaxed by the number of years of military service rendered by him or up to the age of 38 years which ever is less, be substituted.

(2) in serial number 11, in the entries relating to the category of post of Warder in column 6, under the heading, For Direct Recruitment under sub heading (1) Age limit,-

(v) in clause (a), for the words "Twenty six years'' the words "Twenty eight years'' shall be substituted.

(vi) in clause (b),-

(a) for the words "Twenty four years" the words "Twenty six years'' shall be substituted.

(b) the words and figures "or up to the age of 38 years which ever is less'' shall be omitted and the words "shall be relaxed by the number of years of military service rendered by him or up to the age of 38 years which ever is less, be substituted.

(3) in serial number 24, in the entries relating to the category of post of Instructor Grade-II, in column 6, under the heading, For Direct Recruitment under sub heading (1) Age limit,-

(v) in clause (a), for the words "Twenty six years'' the words "Twenty eight years" shall be substituted.

(vi) in clause (b),-

(a) for the words "Twenty four years" the words "Twenty six years" shall be substituted.

(b) in the proviso the words and figures "or up to the age of 38 years which ever is less'' shall be omitted.

By order and in the name of the Governor of Karnataka, T.Krishnamurthy Under Secretary to Government,

Home Department (Prison and Cinema)

ವಿಶೇಷ ಪತ್ರಿಕೆ ಭಾಗ – III ಬೆಂಗಳೂರು, ಶನಿವಾರ, ಜನವರಿ 2, 2010 (ಪುಷ್ಯ 12, ಶಕ ವರ್ಷ 1931) ನಂ. 7 PUBLIC WORKS, PORTS AND INLAND WATER TRANSPORT SECRETARIAT

NOTIFICATION

No. PWD 156 SPG 2009, Bangalore, dated: 2nd January, 2010

Whereas promotions made to the cadre of Executive Engineers for the period from 09-01-1958 to 30-09-1985 were reviewed based on the final seniority list of Assistant Executive Engineers (Division-1) published in Notification No.PWD 11 SPG 85 dated 11-09-1985 and No: PWD 342 SAG 1986 dated 06-11- 1986 under the provisions of the Karnataka State Civil Services (Regulation of Promotions, Pay and Pension) Act, 1973 and, accordingly, the seniority list of Executive Engineers was published vide Notification No. PWD 410 SPG 96 dated 12-11-1997;

Whereas in pursuance of the directions issued by the Karnataka Administrative Tribunal in Application Nos.2221/2004, 8577-8578/2003, 1857-1865/1998 and 2633/2003, names of certain Executive Engineers were inserted at higher places in the seniority list of Executive Engineers published in Notification No. PWD 410 SPG 1996, dated 12-11-1997, by deleting their names shown in the said seniority list at lower places, without reviewing the promotions and determining the dates of eligibility in respect of their juniors in accordance with the provisions of the Karnataka State Civil Services (Regulation of Promotions, Pay and Pension) Act, 1973 vide Corrigendum Nos. PWD 410 SPG 96 dated 10-11-2003 and PWD 315 SPG 2002 (2) dated 17-03-2005;

Whereas the Government of Karnataka introduced the policy of reservation in promotion in all the cadres up to and inclusive of the lowest category of Group-A posts under Article 16 (4) of the Constitution in favour of persons belonging to Scheduled Castes (SCs) and Scheduled Tribes (STs) with effect from 27th April 1978 vide Government Order No.DPAR 29 SBC 77 dated 27th April 1978 and as per the instructions 19

contained in paragraph 7 of the said order, inter-se seniority amongst persons promoted on each occasion of promotion has to be determined in the manner provided in rule 4 or 4A, as the case may be, of the Karnataka Government Servants (Seniority) Rules, 1957;

Whereas according to the orders issued in Government Order No.DPAR 18 SBC 1986 dated 3rd December 1990, the benefit of reservation in promotion as per GO dated 27th April 1978 was also extended to the cadre of Executive Engineers (Group-A senior scale post) in the Public Works and the Irrigation departments with effect from 03-12-1990, initially for a period of two years, which was finally extended up to 2nd December 1998;

Whereas the Constitution Bench of the Hon'ble Supreme Court in its judgement dated 16th November 1992, in the case of Indra Sawhney vs. Union of India held that reservation of appointments or posts under Article 16 (4) of the Constitution is confined to initial appointment and cannot extend to reservation in the matter of promotion and it, however, directed that its decision on this question shall operate only prospectively and shall not affect promotions already made and it further directed that wherever reservations are already provided in the matter of promotion, such reservation shall continue in operation for a further period of five years from the date of the said judgement;

Whereas in pursuance of the directions of the Hon'ble Supreme Court in the case of M.G. Badappanavar in the matter of determination of inter-se seniority between persons belonging to the reserved categories and the general category on the basis of the ratio laid by it in Ajit Singh (II) to the effect that reserved category candidates promoted under the policy of reservation are not entitled to consequential seniority, Public Works Department published the final seniority list of Executive Engineers as on 01-05-2001 vide Notification No.PWD 147 SPG 2001 dated 20-08-2001;

Whereas in order to protect the interests of the persons belonging to Scheduled Cases and Scheduled Tribes in the matter of reservation in promotion in the wake of the judgement dated 16th November, 1992 of the Hon'ble Supreme Court in the case of Indra Sawhney vs. Union of India and the judgements of the Hon'ble Supreme Court in the case of Union of India vs. Virpal Singh Chauhan and Ajit Singh Januja (No.1) vs. State of Punjab etc., the Parliament enacted 77th, 81st, 82nd and 85th Constitution Amendment Acts enabling State Governments to provide, among other things, for reservation in promotion with consequential seniority with retrospective effect from 17th June 1995 in favour of persons belonging to Scheduled Cases and Scheduled Tribes (SCs and STs) promoted on the basis of policy of reservation;

Whereas pursuant to the 85th Constitution Amendment Act, the Government of Karnataka enacted the Karnataka Determination of Seniority of the Government Servants Promoted on the basis of Reservation (to the posts in the Civil Services of the State) Act, 2002 (Karnataka Act No.10 of 2002) providing for consequential seniority to Government servants belonging to SCs and STs promoted on the basis of policy of reservation with effect from 17th June 1995 and also providing for protection of consequential seniority already accorded to the Government servants belonging to SCs and STs promoted on the basis of policy of reservation with effect from 27th April 1978 in accordance with the orders issued in Government Order No.DPAR 29 SBC 77 dated 27th April 1978;

Whereas the Hon'ble Supreme Court in its interim order dated 08-04-2002 in Writ Petition (Civil) No.61-62 of 2002 filed by Sri M. Nagaraj and others questioning the constitutional validity of the 85th Constitution Amendment Act and the Karnataka Act No.10/2002, passed the following orders:-

"A question of constitutional law arise., It is, therefore, appropriate that these petitions should be heard by a Constitution Bench.

In so far as interim relief is concerned, the respondents shall not revert the petitioners nor affect their standing in the seniority list and promotion, pay etc. At the same time it shall be open to the respondents to promote those who are benefited by the impugned amendment but so that it does not affect the petitioners in any manner and subject to the result of the writ petitions.";

Whereas in pursuance of the aforesaid directions of the Hon'ble Supreme Court, Government in Public Works Department, by Notification No.PWD 84 SPG 2002, dated 11-04-2002, published the revised provisional seniority list of Executive Engineers as on 01-03-2002 covering the period from 31-08-1961 to 28-02-2002 duly protecting the existing seniority of the writ petitioners determined as per Badappanavar by indicating '$' sign against their names in the said seniority list and the said list was being treated as 'working list' for the purpose giving promotions to the higher cadre;

Whereas after the publication of the provisional seniority lists of AEEs/ EEs/SEs on 11-04-2002, the Hon'ble Supreme Court in W.P. Nos. 255/2002, 266/2002, 294/2002, 296/2002, 20

299/2002, 315/2002, 316/2002 etc. filed by some of the general category Engineers, who were seniors to writ petitioners in WP (Civil) No.61-62 of 2002 seeking similar protection of their seniority, passed interim orders to protect their seniority also;

Whereas consequent upon filing of an in IA before the Hon'ble Supreme Court by the State Government seeking clarification / modification of the aforesaid ad-interim orders in view of the fact that, due to non-availability sufficient number of vacancies in the respective cadres, the State Government found it difficult to promote all the senior general category Engineers whose seniority was thus protected, the Hon'ble Supreme Court passed the following interim orders on 11-11-2002:-

"These writ petitions involve the constitutionality of Article 16(4A). The Court, by an interim order, has directed not to revert any of the petitioners from their existing placement nor affect their standing in the seniority list, but at the same time the provisions of Article 16(4A) can be implemented and by virtue of that provision if some of the reserve category candidates are entitled to promotion, they shall be promoted. The obvious idea being the court should not stay the operation of a constitutional provision. The State finds difficulty in implementing the order on the ground that there does not exist sufficient vacancy of posts in a particular cadre to give effect to the provisions contained in Article 16(4A). This being an interim arrangement, we direct that they should apply to the number of vacancies available in a cadre to give effect to the promotional policy and undoubtedly, such a promotion can be granted only when the State makes a provision for reservation in terms of Article 16(4A). In view of the fact that the implementation of interim order may cause a lot of chaos in the service, it is mete and proper that the matter should be finally heard and disposed of and we, therefore, direct that this batch of writ petitions be listed before a Constitution Bench in the month of February, 2003.";

Whereas further provisional seniority list of Executive Engineers as on 01-06-2006 covering the period from 01-03-2002 to 31-05-2006 published in Notification No. PWD 27 SPG 2006 dated 17th July 2006 was finalised in Notification No. PWD 27 SPG 2006 dated 28th June 2007 without finalising the earlier provisional seniority list of Executive Engineers as on 01-03-2002 covering the period from 31-08-1961 to 28-02-2002 published in Notification No. PWD 84 SPG 2002, dated 11-04-2002;

Whereas the Constitution Bench of the Supreme Court in its final judgement dated 19-10-2006 in W.P.No.61-62 of 2002 and other connected cases, while upholding the constitutional validity of the 77th, 81st, 82nd and 85th Constitution Amendment Acts, has made the following observations:-

"The impugned constitutional amendment by which Articles 6(4A) and 16(4B) have been inserted flow from Article 16(4). They do not alter the structure of Article 16(4). They retain the controlling factors or the compelling reasons, namely, backwardness and inadequacy of representation which enables the states to provide for reservation keeping in mind the overall efficiency of the State administration under Article 335. These impugned amendments are confined only to SCs and STs. They do not obliterate any of the constitutional requirements namely, ceiling-limit of 50% (quantitative limitation), the concept of creamy layer (qualitative exclusion), the sub-classification between OBC on one hand and SCs and STs on the other hand as held in Indra Sawhney, the concept of post-based roster with in-built concept of replacement as held in R.K.Sabharwal.

We reiterate that the ceiling-limit of 50%, the concept of creamy layer and the compelling reasons, namely, backwardness, inadequacy of representation and overall administrative efficiency are all constitutional requirements without which the structure of equality of opportunity in Article 16 would collapse.

However, in this case, as stated, the main issue concerns the "extent of reservation". In this regard the concerned State will have to show in each case the existence of the compelling reasons, namely, backwardness, inadequacy of representation and overall administrative efficiency before making provision for reservation. As stated above, the impugned provision is an enabling provision. The State is not bound to make reservation for SC/ST in matter of promotion. However, if they wish to exercise their discretion and make such provision, the State has to collect quantifiable data showing backwardness of the class and inadequacy of representation of that class in public employment in addition to compliance of Article 335. It is made clear that even if the State has compelling reasons, as stated above, the State will have to see that its reservation provision does not lead to excessiveness so as to breach the ceiling-limit of 50% of obliterate the creamy layer or extend the reservation indefinitely.

Subject to above, we uphold the constitutional validity of the Constitutional (Seventy-Seventh Amendment) Act, 1995, the Constitution (Eighty-first Amendment) Act, 2000, the 21

Constitutional (Eighty-second Amendment) Act, 2000 and the Constitution (Eighty-fifth Amendment) Act, 2001.

We have not examined the validity of individual enactments of appropriate States and that question will be gone into in individual writ petition by the appropriate bench in accordance with law laid down by us in the present case.";

Whereas in pursuance of the aforesaid judgement of the Hon'ble Supreme Court upholding the constitutional validity of the 77th and 85th Constitution Amendment Acts and with a view to giving effect to the provisions of the said Constitution Amendment Acts and also the Karnataka Determination of Seniority of the Government Servants Promoted on the basis of Reservation (to the posts in the Civil Services of the State) Act, 2002 (Karnataka Act 10 of 2002), Government in Public Works, Ports and Inland Water Transport Department, in consultation with the DPAR and the Advocate General, published the final seniority list of Assistant Executive Engineers (Division-1) covering the period from 27-04-1978 to 04-04-2005 in Notification No. PWD 180 SAG 2008 dated 23rd March 2009 which has been published in the Karnataka Gazette (Extraordinary) dated 24-03-2009 after previous publication of the provisional seniority list of Assistant Executive Engineers (Division-1) in the Karnataka Gazette (Extraordinary) dated 01-10-2008 and consideration of all the objections filed in this behalf;

Whereas in the circumstances explained in the foregoing paragraphs and in supersession of all the earlier final/provisional seniority lists of Executive Engineers published for the period from 09-01- 1958 to 31-03-2009, promotions made to the cadre of Executive Engineers during the period from 09-01- 1958 to 31-03-2009 were reviewed in accordance with the provisions of the Karnataka State Civil Services (Regulation of Promotions, Pay and Pension) Act, 1973 and also in accordance with the provisions of the Karnataka Determination of Seniority of the Government Servants Promoted on the basis of Reservation (to the posts in the Civil Services of the State) Act, 2002 (Karnataka Act 10 of 2002) and the revised provisional seniority list of Executive Engineers covering the period from 09-01-1958 to 31-03-2009 was published, subject to the final orders of the Supreme Court in Writ Petition (C) No.61/2002 and other connected cases wherein the validity of Karnataka Act No.10 of 2002 has been questioned vide Notification No. PWD 156 SPG 2009 dated 27th June 2009 which was published in the Karnataka Gazette (Extraordinary) dated 27th June 2009 duly inviting objections from the officers aggrieved by the ranking assigned to them in the said provisional seniority list within 15 days from the date of publication of the said Notification;

Whereas in response to the aforesaid Notification dated 27th June 2009, a total number of 149 objections have been received from the officers aggrieved by the rankings assigned to them in the provisional seniority list of Executive Engineers within the stipulated time limit and the same are summarized into 15 categories on the basis of nature of objections as indicated below:-

(1) Some of the officers, who have filed WP No.61/2002 before the Hon'ble Supreme Court challenging the 85th Constitution Amendment Act and the Karnataka Act No.10/2002, have represented that although the Hon'ble Supreme Court in its interim order dated 08-04-2002 has ordered to protect the existing seniority, promotion and pay etc. of the petitioners, their names have not been shown in the revised provisional seniority list of Executive Engineers published in Notification No.PWD 156 SPG 2009, dated 27-06-2009 and, instead, their names have been shown in a separate Annexure-3 to the said Notification which amounts to contempt of the Court and, therefore, they have requested that till the Hon'ble Supreme Court gives its verdict on the validity of the Karnataka Act No.10/2002, their names will have to be to be placed in the seniority list of Executive Engineers above the officers belonging to SCs/STs promoted under the roster system;

(2) The publication of the revised provisional seniority list of EEs is opposed to the law laid down by the Hon'ble Supreme Court on 19-10-2006 in WP No.61-62/2002 and other connected matters as the said list has been published without complying with the law with regard to overall ceiling limit of 50% in reservation, concept of creamy layer, existence of backwardness and inadequacy of representation of SCs and STs in the civil services and maintenance of efficiency in administration;

(3) Some of the officers have represented that while the 85th Constitution Amendment Act has come into force with effect from 17-06-1995, the Karnataka Act No.10/2002 has been brought into force with effect from 27-04-1978 contrary to the constitutional provisions and that the said issue is still pending before the Supreme Court wherein the constitutional validity of the said Act has been challenged. They have, therefore, requested not give effect to the final seniority of AEEs (Dn.1) which has been reviewed with effect from 27-04-1978 assigning consequential seniority to persons belonging to SCs and STs. In support of their arguement, they have cited decisions rendered by the Hon'ble Supreme Court in the case of Shivanath Prasad vs. Saran Pal Jeet Singh Tulsi and others [(2008) 3 SCC 80] and the High Court of Rajasthan in the case of Ajay Singh vs.

22

State of Rajasthan and others wherein the courts are stated to have held that since the 85th Constitution Amendment Act, 2001 has come into force from 17-06-1995 granting of consequential seniority to persons belonging to SCs/STs promoted under the roster system from 1985 etc. is not permissible and hence, the seniority lists of AEEs/EEs should be reviewed with effect from 17-06-1995 and not from 27-04-1978;

(4) Some of the officers have represented that in the final seniority list of AEEs (Dn.1) published on 23-03-2009 officers who were promoted to the cadre of AEEs (Dn.1) on officiating basis on 23-08- 1995 have been placed above the direct recruits who were appointed on 22-08-1995 to the said cadre in violation of the principles laid down by the Hon'ble Supreme Court in V.B. Badami and Gonal Bhimappa cases;

(5) While publishing the final seniority list of AEEs (Dn.1) for the period from 27-04-1978 to 04-05- 2005, six blocks have been formed, whereas in the provisional seniority list of Executive Engineers published on 27-06-2009 only one block for the period from 09-01-1958 to 31-03-2009 has been formed contrary to the instructions contained in O.M. No. DPAR 48 SRR 75, dated 05- 07-1976;

(6) Some of the officers have represented that without finalising the provisional seniority list of AEEs/EEs published on 11-04-2002 for the earlier period, the provisional seniority list of EEs published on 17-07-2006 for the further period was finalised on 28th June 2007 which is not in accordance with the established procure and law;

(7) Some of the officers, who were directly recruited as AEEs belonging to SCs, have represented that while publishing the provisional seniority list of EEs, orders relating to reservation in promotion have not been followed;

(8) Some of the officers belonging to SCs/STs have represented that the nomenclature 'SC/ST' may be shown in the seniority list of EEs against their names only if they are promoted to the said cadre under the roster system and, on other hand, if they are not promoted to the said cadre under the roster system, the nomenclature 'SC/ST' should be not shown against their names;

(9) One Sri H. Shivakumar has represented that although he has been assigned seniority at Sl.No.2099 in the final seniority list of AEEs (Dn.1), his name has not been included in the provisional seniority list of EEs and, therefore, he has requested for inclusion of his name in the said seniority list;

(10) Some of the officers who have been placed in independent charge of the posts of EEs have requested to include their names in the seniority list of EEs by giving them appropriate 'dates of eligibility' for promotion to the cadre of EEs as per rules.

(11) Some of the Officers have requested to assign seniority at appropriate places in the seniority lists of AEE (Dn.1)/EEs having regard to the inter-se seniority assigned to them in the cadre of Assistant Engineers; and

(12) Some of the Officers have requested for correction of their names, initials of their names, dates of birth, name of the caste, etc.

Whereas the Government in Public Works, Ports and Inland Water Transport Department has duly considered all the aforesaid objections received within the stipulated time limit against the rankings assigned to them in the said provisional seniority list of Executive Engineer as indicated below:-

(1) As regards the objections indicated at (1) above, it is to be stated that the Hon'ble Supreme Court in its interim order dated 08-04-2002, while referring the matter to the Constitution Bench for final decision on the constitutional validity of the 85th Constitution Amendment Act, had passed orders not to revert the petitioners and to protect their existing seniority, promotion etc. and has further ordered that it shall be open to the Respondent to promote those who are benefited by the 85th Constitution Amendment Act. The Constitution Bench of the Hon'ble SC in its final order dated 19-10-2006 has upheld the constitutional validity of the 85th Constitution Amendment Act and it, however, ordered that the issue relating to validity of the State Acts will be examined by the appropriate bench of the Supreme Court. In view of this judgement, the interim order dated 08-04-2002 does not survive now and hence, they cannot seek protection of their seniority as per the interim orders dated 08-04-2-2002. Accordingly, the provisional seniority list of EEs was published. However, the Hon'ble High Court of Karnataka in its interim order dated 16-06-2009 in WP Nos.11789/2009, while staying the interim order of the Hon'ble Tribunal dated 03-04-2009 wherein the Tribunal has stayed the operation of the final seniority list of AEEs (Dn.1) published on 23-03-2009, has ordered not to revert the Respondents who are the Applicants before the Tribunal and who are also the Writ Petitioners before the Hon'ble Supreme 23

Court in WP No.61-62/2002. Rankings and dates of eligibility for promotion to the cadre of EEs assigned in the provisional seniority list of EEs published on 27-06-2009 are based on the rankings assigned in the final seniority lists of AEEs (Dn.1) published in the Notifications dated 11-09-1985, 06-11-1986 and 23-03-2009. In view of the interim orders passed by the High Court of Karnataka in W.P Nos.11792-801/2009 on 11-06-2009, petitioners in WP Nos.61-62/2002 have not been reverted to the lower cadre of AEEs although they are not found eligible for assignment of 'date of eligibility' for promotion to the cadre of EEs based on the rankings assigned in the final seniority list of AEES (Dn.1) and, hence, their names have been shown separately in Annexure-3 while publishing provisional seniority list of EEs. Therefore, it does not amount to contempt of Court of Law. Instead, the proposed action of the Government is intended to give effect to the provisions of the 85th Constitution Amendment Act and the State Act No.10/2002 and also the interim order dated 08-04-2002 of the Supreme Court and the interim order dated 11-06- 2009 of the High Court of Karnataka. Therefore, objections of these officers to this effect do not merit any consideration and the same are liable to be rejected.

(2) With regard to objection at Sl.No.2 above, it is to be stated that according to reservation policy of the State, overall reservation in direct recruitment and promotion in any cadre is limited to 50% of the sanctioned strength/working strength. As regards the existence of inadequate representation of persons belonging to SCs and STs in the State Civil Services, it is to be stated that Government introduced the policy of reservation in promotion in favour of persons belonging to SCs and STs to the extent of 15% and 3% respectively as per GO dated 27-04-1978 only after satisfying itself that there exists backwardness and inadequate representation of persons belonging to SCs and STs in the State Civil Services. With regard to the reference made to the creamy layer in the final judgment dated 19-10-2006 of the Constitution Bench of the Supreme Court in M. Nagaraj's case, the Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training in its letter No.36036/2/2007-Estt.(Res.) dated 29-03-2007 addressed to the Chief Secretaries of all the States / Union Territories, has clarified that the observations made in M. Nagaraj's case regarding creamy layer amongst the SCs and STs are mere obiter dicta, per in curium and do not flow from, and cannot be reconciled with the nine judge bench judgment of the Supreme Court in the case of Indra Sawhney and hence the reference to creamy layer in the concluding paragraph and other portions of the judgment does not relate to the SCs and STs. Therefore, the concept of creamy layer has not been applied while publishing the final seniority list of AEEs (Dn.1) and EEs. As regards the maintenance of efficiency in administration, it is to be stated that since the overall reservation provided in the cadre of AEE (Dn.1)/EEs is less than 50% of the cadre strength / working strength, overall efficiency in administration has been maintained as held by the Supreme Court in the cases of Indra Sawhney and M.Nagaraj.

(3) In respect of objections indicated at (3) above, it is to be stated that the Karnataka Act No.10/2002 providing for consequential seniority to SC/ST officers promoted under the roster system has come into force with effect from 17th June 1995. However, section 4 of the said Act provides that consequential seniority already accorded to persons belonging to SCs/STs promoted with effect from 27-04-1978 as per the policy of reservation in promotion provided for as per GO dated 27-04-1978 shall be valid and shall be protected and shall not be disturbed. The Karnataka Act No.10 2002 has not been declared to be unconstitutional, nor has it been stayed by the Supreme Court and, therefore, it is a valid piece of legislation. In the light of this provision, in the final seniority list of AEEs (Dn.1), consequential seniority has been given to officers belonging to SCs/STs who were already promoted as per GO dated 27-04-1978, during the period from 27-04-1978 to 16-06-1995. These officers have, however, pointed out that the Hon'ble Supreme Court in the case of Shivnath Prasad vs. Saranpal Jeet Singh Tulsi & others decided on 10-01-2008 reported in (2008) 3 SCC 80 wherein the Supreme Court has held that since the 85th Constitution Amendment Act has been given effect with retrospective effect from 17- 06-1995, granting of consequential seniority to SC/ST officers prior to that date is not permissible. They have also cited similar judgement rendered by Rajasthan High Court in Ajay Singh vs. State of Rajasthan (Civil Petition No.4866/2008) based on the decision of the Supreme Court in Shivnath Prasad vs. Saranpal Jeet Singh Tulsi & others. They have, therefore, urged not to give any further effect to the final Seniority List of AEES (Dn.1) published on 23-03- 2009 as the same is not sustainable in law etc. On perusal of the extract of the aforesaid judgement of the Supreme Court produced by these officers, it is noticed from para 16 of the said judgement that according to 1975 Circular of the Madhya Pradesh Government, persons belonging to SCs and STs were only entitled to the accelerated promotion, but not the consequential seniority and, therefore, Seniority Rules framed in the year 2002 providing consequential seniority to SCs andd STs promoted under the rule of reservation with retrospective effect was held to be unconstitutional. However, the policy of reservation in promotion introduced by the Government of Karnataka with effect from 27-04-1978 as per the G.O. dated 27-04- 24

1978 provides for consequential seniority to be given to SCs and STs promoted under roster system. In view of this legal position, the decision rendered by the Hon'ble Supreme Court in the aforesaid case is not applicable to the present case.

(4) With respect to the objection indicated at (4) above, it is to be stated that the objection, if fact, relates to the final seniority list of AEEs (Dn.1) published on 23-03-2009 which, strictly speaking, cannot be entertained at this stage. It is true that Sri C.V. Patil and others were appointed as AEEs (Dn.1), by direct recruitment, on 22-08-1992. It is also true that certain officers promoted under rule 32 of KCSRs were regularized by Notification dated 23-08-1992 on officiating basis. In the said Notification dated 23-08-1992, it was clearly stipulated that the regularisation of these officers was subject to review in accordance with the provisions of the KSCS (RPPP) Act, 1973. Accordingly, after classifying and apportioning 825 vacancies that arose during the period from 01-06-1983 to 22-08-1992 as between direct recruits (25%) and promotees (75%), promotions already made were reviewed and final seniority list of AEEs (Dn.1) was published in Notification No.PWD 209 SAG 96 dated 03-12-1997. In the said Notification, during the period from 01-06- 1983 to 22-08-1992, promotee officers were assigned the seniority and dates of eligibility for promotion to the cadre of AEEs (Dn.1) only the extent of 619 promotional vacancies available prior to the date of appointment of DRs and the remaining promotee officers promoted in excess of promotional quota were placed below DRs which is in accordance with the guidelines issued in OM dated 05-07-1976 and 14-12-1987 based on the principles laid down by the Hon'ble Supreme Court in the case of VB Badami and Gonal Bhimappa . In the provisional seniority list of AEEs (Dn.1) published on 11-04-2002 and the final seniority list of AEEs (Dn.1) published on 23-03- 2009 also, only 619 promotee officers including eligible SCs and STs as per roster system have been assigned the seniority/dates of eligibility for promotion to the said cadre against 619 promotional vacancies available during the period from 01-06-1983 to 22-08-1992 and the officers promoted in excess of the promotional quota have been placed below direct recruits as per the instructions issued in OM dated 05-07-1976 and 14-12-1987. Therefore, objection to this effect does not merit any consideration and the same is liable to be rejected.

(5) As regards the objection indicated at (5) above, it is to be stated that the blocks for the purpose of classifying the vacancies as between PRs and DRs are required to be formed in accordance with the instructions contained in paragraph (3) of the OM No. DPAR 48 SRR 75 dated 05-07-1976 in respect of cadres where there is an element of direct recruitment. According to the KPWED Services (Recruitment) (Amendment) Rules, as amended from time to time, there is no element of direct recruitment in the cadre of Executive Engineers. In view of this, there is no need to form blocks for the purpose of classifying the vacancies, as there is no element of direct recruitment in the cadre of Executive Engineer as per the instructions contained in paragraph (3) of the O.M. dated 05-07-1976. Therefore, the objections filed by the officers to this effect do not merit any consideration and the same are liable to be rejected.

(6) With regard to objection indicated at (6) above, it is true that in continuation of the provisional seniority list of EEs published in Notification No.PWD 84 SPG 2002 dated 11-04-2002, provisional seniority list of EEs for the further period was published in Notification No.PWD 27 SPG 2006 dated 17-07-2006. Both these lists were based on the rankings assigned in the provisional seniority list of AEEs published in Notification No.PWD 132 SAG 2002 dated:11-04- 2002. However, further provisional seniority list of EEs published on 17-07-2006 was finalized in Notification No.PWD 27 SPG 2006 dated 28-06-2007, not based on the rankings assigned in the provisional seniority list of AEEs dated:11-04-2002, but based on the rankings assigned in the feeder cadre of AEs, that too, without finalizing the provisional seniority lists of AEEs and EEs published on 11-04-2002 for the earlier period. In other words, while the provisional seniority list of EEs dated 11-04-2002 and further seniority list of EEs dated 17-07-2006 were based on the provisions of the 85th Constitution Amendment Act and the State Act 10/2002, the final seniority list of EEs published on 28-06-2007 for the further period was based on the ratio laid down by the Supreme Court in Badappanavar which is clearly contrary to the provisions of the 85th Constitution Amendment Act, the State Act No.10/2002 and the established procedure. In view of this, promotions already made and seniority lists of EEs already published are required to be re-reviewed in accordance with the provisions of the KSCS (RPPP) Act, 1973 based on the rankings assigned in the revised final seniority list of AEEs (Dn.1) published in Notification dated 23-03-2009. Accordingly, in supersession of all the earlier seniority lists of EEs, the provisional seniority list of EEs covering the period from 09-01-1958 to 31-03-2009 has been published inviting objections from the officers likely to be affected by the said list which is as per the established procedure.

(7) In respect of objection at (7) above, it is to be noted that as per the orders issued in Government Order No.DPAR 29 SBC 77 dated 27th April 1978 and as per the provisions of the Karnataka Act No.10 of 2002, there is no provision to reserve vacancies in promotion to the cadre of EEs (except 25

for certain periods) and other higher cadres. Therefore, while preparing the seniority list of EEs and assigning the 'date of eligibility' for promotion to the cadre of EEs, seniority assigned to these officers in the cadre of AEEs has been correctly taken into consideration. In view of this, their objection to this effect does not merit any consideration and the same is liable to be rejected.

(8) In respect of objections indicated at (8) above, it is to be stated that as rightly pointed out by these officers, seniority of officers in the cadre of EEs is required to be reviewed based on the rankings assigned in the feeder cadre of AEEs. Therefore, it is advisable to indicate in the seniority list of EEs, only the seniority numbers of officers shown in the feeder cadre of AEEs and the seniority numbers assigned in the cadre of AEs need not be shown in the said list of EEs. Accordingly, the seniority numbers of officers shown in the cadre of AEs has been deleted. Further, as pointed out by these officers, reservation in promotion to the cadre of EEs was available during the period from 27-4-1978 to 31-12-1981 (as Group-A junior scale post) and from 03-12-1990 to 02-12-1998 (as Group-A senior scale post). Therefore, during these two periods, names of officers promoted to the cadre of EEs on the basis of reservation has to be shown as either SC or ST, as the case may be, and for the remaining period, there is no need to indicate the nomenclature 'SC/ST' against the officers belonging to SC/ST who are promoted on the basis of their inter-se seniority in the cadre of AEEs. Accordingly, action has been taken in the final seniority list of EEs.

(9) With respect to the objection of Sri H. Shivakumar indicated at (9) above, it is noticed that his name has been shown at Sl.No.2099 in the final seniority list of AEEs dated 23-03-2009. However, while publishing the provisional seniority list of EEs on 27-06-2009, his name has been left out by oversight. Therefore, his name has been included in the seniority list of EEs at appropriate place having regard to his ranking assigned in the final seniority of AEEs (Dn.1) published on 23-03-2009.

(10) In respect of objections indicated at (10) above, it is to be stated that in cases where officers have already been placed in independent charge of the posts of Executive Engineers under rule 32 of KCSRs, names of such officers have now been included in the final seniority list of EEs if they are found eligible/suitable for assignment of 'date of eligibility for promotion to the said cadre.

(11) In respect of objection at (11) above, it is to be stated that seniority/date of eligibility has to be assigned to officers to any cadre based on the inter-se seniority in the feeder cadre. Accordingly, seniority/date of eligibility has been assigned to officers in the respective cadres based on the inter-se seniority in the final seniority list of feeder cadre except in cases where officers are found ineligible for promotion to the respective cadre on account of pending departmental enquiry or unsatisfactory record of service etc.

(12) With With respect to objections indicated at (12) above, on verification of the documents produced by the officers and also on verification of service records available with the Government, necessary corrections regarding change in the date of birth, names and initials of the officers concerned have been made in the final seniority of EEs.

Now, therefore, in accordance with the provisions of the Karnataka State Civil Services (Regulation of Promotions, Pay and Pension) Act, 1973 and the Karnataka Determination of Seniority of the Government Servants Promoted on the basis of Reservation (to the posts in the Civil Services of the State) Act, 2002 (Karnataka Act 10 of 2002) and in supersession of all the earlier final/provisional seniority lists of Executive Engineers published for the period from 09-01-1958 to 31-03-2009, the revised final seniority list of Executive Engineers as on 01-04-2009 covering the period from 09-01-1958 to 31- 03-2009 is published as shown in Annexure-2 to this Notification. The statement showing names of the Executive Engineers who are not found eligible for assignment of date of eligibility for promotion to the cadre of Executive Engineer on account of their lower rankings in the final seniority list of Assistant Executive Engineer (Division-1) and whose seniority/promotion has been protected as per the interim orders of the Hon'ble Supreme Court and the High Court of Karnataka is appended to this Notification as Annexure-3. The Explanatory Note indicating the broad principles on which the final seniority list is prepared is appended to this Notification as Annexure-1. This revised final seniority list of Executive Engineers is subject to the final orders of the Supreme Court in Writ Petition (C) No.61/2002 and other connected cases wherein the validity of Karnataka Act No.10 of 2002 has been questioned.

By Order and in the name of the Governor of Karnataka, H.C. RAJAPPA Under Secretary to Government, Public Works, Ports and Inland Water

Transport Department (Services - A).

26

ANNEXURE - 1

EXPLANATORY NOTE

1. In the light of the judgement dated 19th October 2006 of the Constitution Bench of the Hon'ble Supreme Court in WP (Civil) No.61/2002 and connected cases filed by M. Nagaraj and others, and directions issued by the Hon'ble Suprme Court/High Court of Karnataka/Karnataka Administrative Tribunal in various cases in the matter of determination of seniority in the cadre of Executive Engineers, all promotions made to the cadre of Executive Engineers with effect from 09-01-1958 to 31-03-2009 have been reviewed based on final seniority list of Assistant Executive Engineer (Division-1) published in Notification Nos. PWD 11 SPG 85 dated 11-09-1985, PWD 342 SAG 86 dated 06-11-986 and PWD 180 SAG 2008 dated:23-03-2009 in accordance with the provisions of the Karnataka State Civil Services (Regulation of Promotions, Pay and Pension) Act, 1973 and also the Karnataka Determination of Seniority of the Government Servants Promoted on the basis of Reservation (to the posts in the Civil Services of the State) Act, 2002 (Karnataka Act No.10/2002) and the 'dates of eligibility' for promotion to the said cadre have been determined.

2. Officers not considered for promotion on any occasion either on account of not passing the prescribed departmental examinations or on account of adverse remarks contained in their APRs or facing Departmental Enquiries have been assigned rankings as per the actual dates of their promotion.

3. The post of Executive Engineer was a lowest category of post in Group-A posts in the Public Works Department up to 31-12-1981 and with the assignment of higher pay scale to the said cadre with effect from 01-01-1982, the post became senior scale post in Group-A posts and, hence, orders issued on reservation policy by the Government from time to time have been taken into consideration while assigning dates of eligibility for promotion to the said cadre with effect from 27- 04-1978 to 31-12-1981. With the extension of the benefit of reservation in promotion also to the cadre of Executive Engineers (Group-A senior scale post) in the Public Works and Irrigation departments in Government Order No. DPAR 18 SBC 1986 dated 3rd December 1990 with effect from 03-12-1990, for a period of two years, which was extended up to 2nd December 1998, the benefit of reservation has been extended to the said cadre with effect from 03-12-1990 to 02-12- 1998.

4. During the period from 27-04-1078 to 31-12-1981 and from 03-12-1990 to 02-12-1998, rankings inter-se of the officers between the general category and the reserved category, on each occasion of promotions, have been determined on the basis of their inter-se seniority in the cadre of Assistant Executive Engineers in accordance with the provisions of Sections 3 and 4 of the Karnataka Determination of Seniority of the Government Servants Promoted on the basis of Reservation (to the posts in the Civil Services of the State) Act, 2002 (Karnataka Act No.10/2002).

5. Promotions accorded against backlog vacancies identified in the cadre of Executive Engineers during the period from 27-04-1978 to 31-12-1981 have been reviewed in accordance with the orders issued in Government Order No. DPAR 10 SBC 97, dated 24-06-1997 and 'dates of eligibility' for promotion to the cadre of Executive Engineers have been determined accordingly.

H.C. RAJAPPA Under Secretary to Government, Public Works, Ports and Inland Water

Transport Department (Services - A).

ANNEXURE- 2