Karnataka Gazette, Part Part-E, 20 May 2010

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

ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ್ರ

ಅಧಿಕೃತವಾಗಿ ಪ

್ರಕಟಿಸಲಾದುದು

ವಿಶೇಷ ಪತ್ರಿಕೆ

ಭಾಗ – IV-A ಬೆಂಗಳೂರು, ಸೋಮವಾರ, ಮೇ 10, 2010 (ವೈಶಾಖ 20, ಶಕ ವರ್ಷ 1932) ನಂ. 484 PUBLIC WORKS, PORTS AND INLAND WATER TRANSPORT SECRETARIAT

NOTIFICATION

No: PWD 118 SeESi 07, Bangalore, Dated : 7th May 2010

WHEREAS, the draft of the Karnataka Public Works Engineering Department Service (Recruitment) (Amendment) Rules, 2010 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) was published in Notification No.: PWD 118 SeESi 07 dated 9th April 2010 in part IV-A of the Karnataka Gazette (Extraordinary) dated 9th April 2010 inviting objections and suggestions from persons likely to be affected thereby within fifteen days from the date of its publication in the Official Gazette;

WHEREAS, the said Gazette was made available to the public on 9th April 2010;

AND, WHEREAS objections and suggestions have not been received in respect of the said draft rules;

NOW, THEREFORE, 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) the Government of Karnataka hereby makes the following rules, namely: -

1. Title and commencement:- (1) These rules may be called the Karnataka Public Works Engineering Department Service (Recruitment) (Amendment) Rules, 2010.

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

2. Amendment of Notification I:- In Notification-1 No. PWD 61 SPP 86 dated 5th July 1989 published in the Karnataka Gazette in part IV- 2(c) dated 17th August 1989,-

(i) in serial number 15, in column 1, 2 and 4, the following shall be deemed to have been substituted with effect from 26th day of July 1999, namely:-

"15 Accounts Superintendent 11"

(ii) for the entries at serial number 15 so substituted, in column 1, 2 and 4 the following shall be deemed to have been substituted with effect from 5th day of December 2001, namely:-

"15 Accounts Superintendent 06"

(iii) after serial number 15, in column 1, 2, 4 and 7, the following shall be deemed to have been inserted with effect from 26th day of July 1999, namely:-

"15A Accounts Superintendent (PWD) 10 5200-9580"

(iv) for the entries at serial number 15A so inserted, in column 1, 2, 4 and 7, the following shall be deemed to have been substituted with effect from 5th day of December, 2001, namely:-

"15A Accounts Superintendent (PWD) 15 5200-9580"

3. Amendment of Schedule:- In the schedule to the Karnataka Public Works Engineering Department Service (Recruitment) Rules 1988, after serial number 15, and the entries relating thereto, the following shall be deemed to have been inserted with effect from 26th day of July 1999, namely:-

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

Lakshminarasimaiah Under Secretary to Government, Public Works, Ports and Inland Water Transport Department (Services-B)

ವಿಶೇಷ ಪತ್ರಿಕೆ ಭಾಗ – IV-A ಬೆಂಗಳೂರು, ಸೋಮವಾರ, ಮೇ 10, 2010 (ವೈಶಾಖ 20, ಶಕ ವರ್ಷ 1932) ನಂ. 486

FINANCE SECRETARIAT

NOTIFICATION

No. FD 18 CET 2009, Bangalore, Dated 10th May, 2010

In exercise of the powers conferred by sub section (1) of section 11-A of the Karnataka Tax on Entry of Goods Act, 1979 (Karnataka Act 27 of 1979) read with section 21 of the Karnataka General Clauses Act, 1899 (Karnataka Act III of 1899), the Government of Karnataka hereby amends with immediate effect the Notification No. FD 40 CSL 2001 (2), dated 15th February, 2001 published in the Karnataka Gazette, Extraordinary, No. 339, dated 15th February, 2001 as follows, namely:-

In the said notification,

(i) after the words "Additional Countervailing Duty", the words "or revised fee" shall be and shall always be deemed to have been inserted.

(ii) in the certificate, after the word "Winery", the symbol, words and brackets "/Manufacturer (specify the nature of commodity manufactured)" shall be and shall always deemed to have been inserted.

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

D.R. SHASHIDHAR Under Secretary to Government

Finance Department (C.T.-1)

ವಿಶೇಷ ಪತ್ರಿಕೆ ಭಾಗ – IV-A ಬೆಂಗಳೂರು, ಮಂಗಳವಾರ, ಮೇ 11, 2010 (ವೈಶಾಖ 21, ಶಕ ವರ್ಷ 1932) ನಂ. 492

FINANCE SECRETARIAT

NOTIFICATION

No. FD 7 CET 2010, Bangalore, Dated 11th May, 2010

The draft of the following rules further to amend the Karnataka Tax on Entry of Goods Rules, 1979 which the Government of Karnataka proposes to make in exercise of the powers conferred by Section 30 of the Karnataka Tax on Entry of Goods Act, 1979 (Karnataka Act 27 of 1979) is hereby published as required by sub-section (1) of the said section for the information of all persons likely to be affected thereby and notice is hereby given that the said draft will be taken in to consideration after thirty 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 or suggestions may be addressed to the Principal Secretary to the Government, Finance Department, Vidhana Soudha, Bangalore-560 001.

1. Title and commencement.- (1) These rules may be called the Karnataka Tax on Entry of Goods (Amendment) Rules, 2010.

(2) They shall come into force from the first day of April, 2010.

2. Insertion of new rule 8-B.- In the Karnataka Tax on Entry of Goods Rules, 1979 (hereinafter referred to as the said rules), after rule 8-AA, the following shall be inserted, namely:-

"8-B.Statement to be submitted by a manufacturer of sugar, etc.,- (1) The statement to be submitted by a manufacturer of sugar under sub-section (3) of section 8-B shall be in Form 3-B and it shall be submitted to the assessing authority.

(2) (a) The certificate specified in sub-section (4) of section 8-B shall be in Form 3-C and shall be obtained by the manufacturer of sugar from the assessing authority on payment of one rupee per form.

(b) Every such form so obtained by the manufacturer of sugar shall be kept by him in safe custody and it or he shall be personally responsible for the loss, destruction or theft of any such form or the loss of revenue to the Government, resulting directly or indirectly from such loss, destruction or theft.

(c) The certificate in Form 3-C marked original shall be furnished by the manufacturer of sugar to the purchaser in respect of all the purchases made by the purchaser during the month within thirty days from the end of the month and the certificate marked duplicate shall be retained by him.

(d) Every manufacturer of sugar issuing certificates in Form 3-C shall maintain for each year separately an account in Form 3-D, showing the amounts of tax paid to him, certificates of payment of tax issued and the particulars of remittances of tax paid to him.

(e) If any Form 3-C is lost, destroyed or stolen, the manufacturer of sugar shall report the fact to the issuing authority within a week of such loss, destruction or theft and shall make appropriate entries in the register maintained in Form 3-D and take such other steps including the furnishing of an indemnity bond and issue of public notice of the loss, destruction or theft as the issuing authority may direct.

(f) Any manufacturer of sugar, having obtained Form 3-C shall not either directly or through any other person transfer the same to another person.

(g) As soon as a report is received from the manufacturer of sugar, regarding loss or destruction or theft of Form 3-C, the issuing authority shall, within ten days, report to the jurisdictional Joint Commissioner of Commercial Taxes and shall also take action to notify such loss, destruction or theft in the Official Gazette.

(h) The register maintained in Form 3-D along with Form-C shall be open for inspection by the issuing authority or by an Officer of the Commercial Taxes Department authorized by the Commissioner or the jurisdictional Joint Commissioner."

3. Insertion of new Forms 3B, 3C and 3D.- After Form 3-AA of the said rules, the following forms shall be inserted, namely:-

" Form 3-B

[See rule 8-B(1)]

Statement of entry tax payment made by the purchasing dealers and remittance made to the Government by the manufacturer of sugar for the month of ………..

DECLARATION

I, . . . . . . . . . . . . . do hereby solemnly declare that to the best of my knowledge and belief, the information furnished in the statement is true and complete.

Place: Signature of the authorized person:

Date: Name and Status:

ANNEXURE

Particulars of purchasers within the State

FORM 3-C

[See rule 8-B(2)]

Certificate of Tax Payment

(on purchase of sugar under Section 8-B

Original/Duplicate (Original to be issued to the purchasing dealer and duplicate to be retained by the manufacturer of sugar) Sl. No. Seal of the issuing authority

1. Name and address of the

manufacturer of sugar

:

2. (i) Name and full address of the purchaser :

(ii) Registration Certificate No./TIN of the purchaser :

3. Particulars of entry tax paid by the purchasing dealers and remitted to the Government by the manufacturer of sugar during the month of . . . . . . . . . . . . . .

Certified that the tax paid as above has been remitted by us into Government Treasury at ................... through challan No...................Dated...................* / ...................Bank at ...................through challan No...................Dated...................* / by cheque, DD or cash receipt bearing No…...................Dated................... to the ................... (Name of the office where the tax paid is remitted)*, in accordance with section 8-B and that the particulars furnished above are true and correct to the best of my knowledge.

Place: Signature of the authorized person:

Date: Name and Status:

*Note: Strike out whichever is not applicable.

---------

[See rule 8-B(2)]

Register of certificates in Form 3-C issued

"

By Order and in the name of the Governor of Karnataka, D.R. SHASHIDHAR Under Secretary to Government

Finance Department (C.T.-1)

ವಿಶೇಷ ಪತ್ರಿಕೆ ಭಾಗ – IV-A ಬೆಂಗಳೂರು, ಮಂಗಳವಾರ, ಮೇ 11, 2010 (ವೈಶಾಖ 21, ಶಕ ವರ್ಷ 1932) ನಂ. 493

ಸಿಬ್ಬಂದಿ ಮತ್ತು ಆಡಳಿತ ಸುಧಾರಣೆ ಸಚಿವಾಲಯ

ಅದಿಸೂಚನೆ

ಸಂಖ್ಯೆ: ಸಿಆಸುಇ 7 ಸೇಇವಿ 2010, ಬೆಂಗಳೂರು, ದಿನಾಂಕ: 10.5.2010

ಕರ್ನಾಟಕ ರಾಜ್ಯ ನಾಗರಿಕ ಸೇವಾ ಅದಿನಿಯಮ 1978 (1990 ರ ಕರ್ನಾಟಕ ಅದಿನಿಯಮ 14) ರ 8 ನೇ ಪ್ರಕರಣದೊಂದಿಗೆ ಓದಲಾದ, 3ನೇ ಪ್ರಕರಣದ (1) ನೇ ಉಪ ಪ್ರಕರಣದ ಮೂಲಕ ಪ್ರದತ್ತವಾದ ಅದಿಕಾರಗಳನ್ನು ಚಲಾಯಿಸಿ, ಕರ್ನಾಟಕ ಸರ್ಕಾರವು ಕರ್ನಾಟಕ ಸಿವಿಲ್ ಸೇವಾ (ವರ್ಗೀಕರಣ, ನಿಯಂತ್ರಣ ಮತ್ತು ಮೇಲ್ಮನವಿ) ನಿಯಮಗಳು 1957 ನ್ನು ಮತ್ತಷ್ಟು ತಿದ್ದುಪಡಿ ಮಾಡುವ ಈ ಮುಂದಿನ ನಿಯಮಗಳ ಕರಡನ್ನು, ಸದರಿ ಅದಿನಿಯಮದ 3 ನೇ ಪ್ರಕರಣದ (2) ನೇ ಉಪ ಪ್ರಕರಣದ (ಎ) ಖಂಡದ ಮೂಲಕ ಅಗತ್ಯ ಪಡಿಸಲಾದಂತೆ, ಅದರಿಂದ ಬಾದಿತರಾಗಬಹುದಾದ ಎಲ್ಲಾ ವ್ಯಕ್ತಿಗಳ ಮಾಹಿತಿಗಾಗಿ ಪ್ರಕಟಿಸಲಾಗಿದೆ ಮತ್ತು ಸದರಿ ಕರಡನ್ನು ಅದು ಅದಿಕೃತ ರಾಜ್ಯಪತ್ರದಲ್ಲಿ ಪ್ರಕಟವಾದ ದಿನಾಂಕದಿಂದ ಹದಿನೈದು ದಿನಗಳ ತರುವಾಯ ಪರಿಗಣನೆಗೆ ತೆಗೆದುಕೊಳ್ಳಲಾಗುವುದೆಂದು ಈ ಮೂಲಕ ತಿಳಿಸಲಾಗಿದೆ.

ಸದರಿ ಕರಡಿಗೆ ಸಂಬಂದಿಸಿದಂತೆ, ಮೇಲೆ ನಿಗದಿಪಡಿಸಿದ ಅವದಿಯು ಮುಕ್ತಾಯವಾಗುವುದಕ್ಕೆ ಮೊದಲು ಯಾರೇ ವ್ಯಕ್ತಿಯಿಂದ ಸ್ವೀಕರಿಸಬಹುದಾದ ಯಾವುದೇ ಆಕ್ಷೇಪಣೆ ಮತ್ತು ಸಲಹೆಯನ್ನು ರಾಜ್ಯ ಸರ್ಕಾರವು ಪರಿಗಣಿಸುವುದು. ಆಕ್ಷೇಪಣೆಗಳು ಮತ್ತು ಸಲಹೆಗಳನ್ನು ಸರ್ಕಾರದ ಕಾರ್ಯದರ್ಶಿ, ಸಿಬ್ಬಂದಿ ಮತ್ತು ಆಡಳಿತ ಸುಧಾರಣೆ ಇಲಾಖೆ, ವಿಧಾನಸೌಧ, ಬೆಂಗಳೂರು-560001 ಇವರಿಗೆ ಸಲ್ಲಿಸಬಹುದು.

ಕರಡು ನಿಯಮಗಳು

:- (1) ಈ ನಿಯಮಗಳನ್ನು ಕರ್ನಾಟಕ ಸಿವಿಲ್ ಸೇವಾ (ವರ್ಗೀಕರಣ, ನಿಯಂತ್ರಣ ಮತ್ತು 1. ಶೀರ್ಷಿಕೆ ಮತ್ತು ಪ್ರಾರಂಭ ಮೇಲ್ಮನವಿ) (ತಿದ್ದುಪಡಿ) ನಿಯಮಗಳು, 2010 ಎಂದು ಕರೆಯತಕ್ಕದ್ದು.

(2) ಈ ನಿಯಮಗಳು ಅದಿಕೃತ ರಾಜ್ಯಪತ್ರದಲ್ಲಿ ಪ್ರಕಟವಾದ ದಿನಾಂಕದಿಂದ ಜಾರಿಗೆ ಬರತಕ್ಕದ್ದು.

2. ಅನುಸೂಚಿ II ಕ್ಕೆ ತಿದ್ದುಪಡಿ:- ಕರ್ನಾಟಕ ಸಿವಿಲ್ ಸೇವಾ (ವರ್ಗೀಕರಣ, ನಿಯಂತ್ರಣ ಮತ್ತು ಮೇಲ್ಮನವಿ) ನಿಯಮಗಳು 1957 ರ ಅನುಸೂಚಿ II ರಲ್ಲಿ, "ಕಂದಾಯ ಇಲಾಖೆ" ಶೀರ್ಷಿಕೆಯಡಿಯಲ್ಲಿನ ಉಪ ತಹಸೀಲ್ದಾರರು, ಶಿರಸ್ತೇದಾರರು ಮತ್ತು ಶೀಘ್ರಲಿಪಿಗಾರರ ಹುದ್ದೆಗಳ ಮತ್ತು ಅವುಗಳಿಗೆ ಸಂಬಂಧಪಟ್ಟ ನಮೂದುಗಳ ಬದಲಾಗಿ ಈ ಕೆಳಗಿನವುಗಳನ್ನು ಪ್ರತಿಸ್ಥಾಪಿಸತಕ್ಕದ್ದು:-

ಕರ್ನಾಟಕ ರಾಜ್ಯಪಾಲರ ಆದೇಶಾನುಸಾರ ಮತ್ತು ಅವರ ಹೆಸರಿನಲ್ಲಿ ಪಿ.ಮಾರ್ಕಂಡೇಯ ಸರ್ಕಾರದ ಅಧೀನ ಕಾರ್ಯದರ್ಶಿ ಸಿಬ್ಬಂದಿ ಮತ್ತು ಆಡಳಿತ ಸುಧಾರಣೆ ಇಲಾಖೆ (ಸೇವಾ ನಿಯಮಗಳು-2)

PERSONNEL AND ADMINISTRATIVE REFORMS SECRETARIAT

NOTIFICATION

No. DPAR 7 SDE 2010, Bangalore, dated: 10.5.2010

The draft of the following rules further to amend the Karnataka Civil Service (Classification, Control and Appeal) Rules, 1957, 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 (a) of sub-section (2) of section 3 of the said Act, for the information of persons likely to be affected thereby and notice is hereby given that the said draft will be taken into consideration after fifteen days from the date of its publication in 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, Department of Personnel and Administrative Reforms, Vidhana Soudha, Bangalore-560 001.

DRAFT RULES

1. Title and commencement:- (1) These rules may be called the Karnataka Civil Services (Classification, Control and Appeal) (Amendment) Rules, 2010.

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

2. Amendment of Schedule II:- In the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957, in Schedule II, under the heading "REVENUE DEPARTMENT", for the entries relating to the category of posts of Deputy Tahsildars and Shirestedars, the following shall be substituted, namely:-

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

P. MARKANDEYA Under Secretary to Government Department of Personnel and Administrative Reforms (Service Rules-2)

ವಿಶೇಷ ಪತ್ರಿಕೆ ಭಾಗ – IV-A ಬೆಂಗಳೂರು, ಮಂಗಳವಾರ, ಮೇ 11, 2010 (ವೈಶಾಖ 21, ಶಕ ವರ್ಷ 1932) ನಂ. 494

ಸಿಬ್ಬಂದಿ ಮತ್ತು ಆಡಳಿತ ಸುಧಾರಣೆ ಸಚಿವಾಲಯ

ಅದಿಸೂಚನೆ

ಸಂಖ್ಯೆ: ಸಿಆಸುಇ 32 ಸೇಇವಿ 2009, ಬೆಂಗಳೂರು, ದಿನಾಂಕ: 10.5.2010

ಕರ್ನಾಟಕ ರಾಜ್ಯಪಾಲರ ಆದೇಶಾನುಸಾರ ಮತ್ತು ಅವರ ಹೆಸರಿನಲ್ಲಿ ಪಿ.ಮಾರ್ಕಂಡೇಯ ಸರ್ಕಾರದ ಅಧೀನ ಕಾರ್ಯದರ್ಶಿ ಸಿಬ್ಬಂದಿ ಮತ್ತು ಆಡಳಿತ ಸುಧಾರಣೆ ಇಲಾಖೆ (ಸೇವಾ ನಿಯಮಗಳು-2)

PERSONNEL AND ADMINISTRATIVE REFORMS SECRETARIAT

NOTIFICATION

No. DPAR 32 SDE 2009, Bangalore, dated: 10.5.2010

Whereas the draft of the following rules further to amend the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957, was published as required by clause (a), sub-section (2) of section 3 of the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990) in Notification No. DPAR 32 SDE 2009 dated 06.04.2010 in Part IV-A (No. 346) of the Karnataka Gazette Extra- ordinary dated 06.04.2010, inviting objections and suggestions from all persons likely to be affected thereby within fifteen days from the date of its publication in the official Gazette.

Whereas, the said Gazette was made available to the public on 06.04.2010.

And whereas no objections and suggestions have been received in this behalf by the State Government.

Now, therefore, 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) the Government of Karnataka hereby makes the following rules, namely:-

RULES

1. Title and commencement:- (1) These rules may be called the Karnataka Civil Services (Classification, Control and Appeal) (Amendment) Rules, 2010.

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

2. Amendment of Schedule II:- In the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957, in Schedule II, under the heading "DEVELOPMENT DEPARTMENT", before the entries relating to the posts of Grama Panchayat Secretaries and Rural Development Assistants (Grade I), the following class of post and entries relating thereto shall be inserted, namely:-

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

P. MARKANDEYA Under Secretary to Government Department of Personnel and Administrative Reforms (Service Rules-2)5301 ವಿಶೇಷ ಪತ್ರಿಕೆ ಭಾಗ – IV-A ಬೆಂಗಳೂರು, ಬುಧವಾರ, ಮೇ 12, 2010 (ವೈಶಾಖ 22, ಶಕ ವರ್ಷ 1932) ನಂ. 496

ಸಿಬ್ಬಂದಿ ಮತ್ತು ಆಡಳಿತ ಸುಧಾರಣೆ ಸಚಿವಾಲಯ

ಅದಿಸೂಚನೆ

ಸಂಖ್ಯೆ: ಸಿಆಸುಇ 6 ಎಸ್ಎಸ್ಆರ್ 2009, ಬೆಂಗಳೂರು, ದಿನಾಂಕ: 4ನೇ ಮೇ, 2010

ಕರ್ನಾಟಕ ಸಿವಿಲ್ ಸೇವೆಗಳು (ಸೇವೆಗಳು ಮತ್ತು ಕನ್ನಡ ಭಾಷಾ ಪರೀಕ್ಷೆಗಳು) ನಿಯಮಗಳು, 1974ಕ್ಕೆ ಮತ್ತಷ್ಟು ತಿದ್ದುಪಡಿ ಮಾಡಲು ಕರ್ನಾಟಕ ರಾಜ್ಯ ಸಿವಿಲ್ ಸೇವಾ ಅಧಿನಿಯಮ, 1978 (1990ರ ಅಧಿನಿಯಮ ಸಂಖ್ಯೆ:14)ರ 8ನೇ ಪ್ರಕರಣದೊಡನೆ ಓದಿಕೊಂಡ 3ನೇ ಪ್ರಕರಣದ (1)ನೇ ಉಪ ಪ್ರಕರಣದ ಮೂಲಕ ಪ್ರದತ್ತವಾದ ಅಧಿಕಾರವನ್ನು ಚಲಾಯಿಸಿ ಕರ್ನಾಟಕ ಸರ್ಕಾರವು ಈ ಕೆಳಕಂಡ ನಿಯಮಗಳ ಕರಡನ್ನು ಸದರಿ ಅಧಿನಿಯಮದ 3ನೇ ಪ್ರಕರಣದ (2)ನೇ ಉಪ ಪ್ರಕರಣ (ಎ) ಖಂಡದ ಮೂಲಕ ಅಗತ್ಯಪಡಿಸಲಾದಂತೆ, ಅದರಿಂದ ಬಾಧಿತರಾಗಬಹುದಾದ ವ್ಯಕ್ತಿಗಳ ಮಾಹಿತಿಗಾಗಿ ಪ್ರಕಟಿಸಲಾಗಿದೆ ಮತ್ತು ಸದರಿ ಕರಡನ್ನು ಅಧಿಕೃತ ರಾಜ್ಯಪತ್ರದಲ್ಲಿ ಅದು ಪ್ರಕಟವಾದ ದಿನಾಂಕದಿಂದ 15 ದಿನಗಳ ತರುವಾಯ ಪರಿಗಣನೆಗೆ ತೆಗೆದುಕೊಳ್ಳಲಾಗುವುದೆಂದು ಈ ಮೂಲಕ ಸೂಚನೆ ನೀಡಲಾಗಿದೆ. ಮೇಲೆ ನಿರ್ದಿಷ್ಠಪಡಿಸಿದ ಅವಧಿಯು ಮುಕ್ತಾಯವಾಗುವುದಕ್ಕೆ ಮೊದಲು ಸದರಿ ಕರಡು ನಿಯಮಗಳಿಗೆ ಸಂಬಂಧಿಸಿದಂತೆ, ಯಾವುದೇ ವ್ಯಕ್ತಿಯಿಂದ ರಾಜ್ಯ ಸರ್ಕಾರವು ಸ್ವೀಕರಿಸಬಹುದಾದ ಯಾವುದೇ ಆಕ್ಷೇಪಣೆ ಅಥವಾ ಸಲಹೆಯನ್ನು ರಾಜ್ಯ ಸರ್ಕಾರ ಪರಿಗಣಿಸುವುದು. ಆಕ್ಷೇಪಣೆ ಮತ್ತು ಸಲಹೆಗಳನ್ನು ಸರ್ಕಾರದ ಕಾರ್ಯದರ್ಶಿಗಳು, ಸಿಬ್ಬಂದಿ ಮತ್ತು ಆಡಳಿತ ಸುಧಾರಣೆ ಇಲಾಖೆ, ವಿಧಾನ ಸೌಧ, ಬೆಂಗಳೂರು-560 001 ಇವರಿಗೆ ಕಳುಹಿಸಬಹುದು.

ಕರಡು ನಿಯಮಗಳು

.- (1) ಈ ನಿಯಮಗಳನ್ನು ಕರ್ನಾಟಕ ಸಿವಿಲ್ ಸೇವೆಗಳು (ಸೇವೆಗಳು ಮತ್ತು ಕನ್ನಡ ¹. ಶಿರೋನಾಮೆ ಮತ್ತು ಪ್ರಾರಂಭ ಭಾಷಾ ಪರೀಕ್ಷೆಗಳು)(2ನೇ ತಿದ್ದುಪಡಿ) ನಿಯಮಗಳು, 2009 ಎಂದು ಕರೆಯತಕ್ಕದ್ದು.

(2) ಇದು ರಾಜ್ಯಪತ್ರದಲ್ಲಿ ಪ್ರಕಟಣೆಗೊಂಡ ದಿನಾಂಕದಿಂದ ಜಾರಿಗೆ ಬರತಕ್ಕದ್ದು.

2. ಷೆಡ್ಯೂಲ್-IIರ ತಿದ್ದುಪಡಿ.- ಕರ್ನಾಟಕ ಸಿವಿಲ್ ಸೇವೆಗಳು (ಸೇವೆಗಳು ಮತ್ತು ಕನ್ನಡ ಭಾಷಾ ಪರೀಕ್ಷೆಗಳು) ನಿಯಮಗಳು, 1974ರ ಷೆಡ್ಯೂಲ್-IIರಲ್ಲಿನ ಕ್ರಮ ಸಂಖ್ಯೆ: 16ರ ನಂತರ ಈ ಕೆಳಗಿನವುಗಳನ್ನು ಸೇರಿಸತಕ್ಕದ್ದು:-

ಕರ್ನಾಟಕ ರಾಜ್ಯಪಾಲರ ಆದೇಶಾನುಸಾರ ಮತ್ತು ಅವರ ಹೆಸರಿನಲ್ಲಿ ದೇವರಾಜು ಸರ್ಕಾರದ ಅಧೀನ ಕಾರ್ಯದರ್ಶಿ ಸಿಬ್ಬಂದಿ ಮತ್ತು ಆಡಳಿತ ಸುಧಾರಣೆ ಇಲಾಖೆ (ಸೇವಾ ನಿಯಮಗಳು-1)

PERSONNEL AND ADMINISTRATIVE REFORMS SECRETARIAT

NOTIFICATION

No. DPAR 6 SSR 2009, Bangalore, dated: 4th May, 2010

The draft of the following rules further to amend the Karnataka Civil Services (Service and Kannada Language Examinations) Rules, 1974 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 (a) of sub- section (2) of section 3 of the said Act, for the information of all persons likely to be affected thereby and notice is hereby given that the said draft will be taken into consideration after fifteen days from the date of its publication in the Official Gazette.

Any objection and 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, Department of Personnel and Administrative Reforms, Vidhana Soudha, Bangalore – 560 001.

DRAFT RULES

1. Title and commencement .- (1) These rules may be called the Karnataka Civil Services (Service and Kannada Language Examinations) (2nd Amendment) Rules, 2009.

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

2. Amendment of Schedule II.- In the Karnataka Civil Services (Service and Kannada Language Examinations) Rules, 1974, in SCHEDULE-II, in the Table, after the entries relating to Sl.No. 16, the following shall be inserted, namely:-

By Order and in the name of the Governor of Karnataka DEVARAJU Under Secretary to Government Department of Personnel & Administrative Reforms (Service Rules-1)

ವಿಶೇಷ ಪತ್ರಿಕೆ ಭಾಗ – IV-A ಬೆಂಗಳೂರು, ಬುಧವಾರ, ಮೇ 12, 2010 (ವೈಶಾಖ 22, ಶಕ ವರ್ಷ 1932) ನಂ. 497

TRANSPORT SECRETARIAT

NOTIFICATION

No. SARIE 131 SAEPA 2010, Bangalore, Dated: 12th May, 2010

Where as Government in Notification no. HTD 25 TMT 97, dated: 6-6-1997 (published in Karnataka Gazette dated 10-7-1997 (part IV-2c(ii) ) have levied the tax payable by way of composite amount under the Karnataka Motor Vehicles Taxation Act, 1957 in respect of goods carriages registered in other States and Union Territories covered by national permits granted under sub-section(12) of Section 88 of Motor Vehicles Act, 1988 (Central Act 59/1988), plying in the state of Karnataka.

Whereas, the Government of India in pursuance of the amendments made to rule 87 of Central Motor Vehicles Rules, 1989 have started implementation of the new National Permit Scheme with effect from 8-5-2010.

Now, therefore, Government of Karnataka hereby withdraws the notification bearing no. HTD 25 TMT 97, dated:6-6-1997 with effect from 8-5-2010.

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

RAMACHANDRA Under secretary to Government Transport Department. (080-22032292)5304

ವಿಶೇಷ ಪತ್ರಿಕೆ

ಭಾಗ – III ಬೆಂಗಳೂರು, ಬುಧವಾರ, ಮೇ 12, 2010 (ವೈಶಾಖ 22, ಶಕ ವರ್ಷ 1932) ನಂ. 498 PUBLIC WORKS, PORTS AND INLAND WATER TRANSPORT SECRETARIAT

NOTIFICATION

No. PWD 190 SPG 2009, Bangalore, dated 12th May, 2010

Whereas in pursuance of the directions of the Karnataka Administrative Tribunal in Application Nos.2505 & 3730-3731/1989 and 2945-2960/1993 c/w other connected cases, promotions made to the cadre of Superintending Engineers for the period from 03-04-1964 to 05-06-1987 were reviewed under the provisions of the Karnataka State Civil Services (Regulation of Promotions, Pay and Pension) Act, 1973 [in short "KSCS (RPPP) Act, 1973"] and the final seniority list of Superintending Engineers was published vide Notification No. PWD 410 SPG 96 dated 12-11-1997;

Whereas in pursuance of the further directions of the Karnataka Administrative Tribunal in Application No.1857-1865/1998; 2633/2003 and 8577-8578/2003, rankings assigned to certain Superintending Engineers in the final seniority list of Superintending Engineers published in Notification No. PWD 410 SPG 1996, dated 12-11-1997 were modified by placing them at higher places without reviewing the promotions and determining the dates of eligibility for promotion to the said cadre in accordance with the provisions of the KSCS (RPPP) Act, 1973 vide Addendum/Corrigendum Nos. PWD 410 SPG 96 dated 10-11-2003, PWD 315 SPG 2002 (3) dated 17-03-2005 and PWD 315 SPG 2002 dated 28-07-2005;

Whereas the Government of Karnataka introduced the policy of reservation in promotion in the State Civil Services 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 as per the Government Order No.DPAR 29 SBC 77 dated 27th April 1978 and paragraph 7 of the said Government Order stipulates that the inter-se seniority amongst persons promoted in accordance with the said order on any occasion 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 Government Order dated 27-04-1978 was also extended to the cadre of Executive Engineers (Group-A senior scale post) in Public Works and 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 (nine judges) 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, that its decision on this question shall operate only prospectively and shall not affect promotions already made and that wherever reservations are already provided in the matter of promotion, such reservation shall continue in operation for a 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), Government in Public Works Department published the final seniority list of Superintending Engineers as on 01-05-2001 covering the period from 27-04-1978 to 01-05-2001 vide Notification No. PWD 95 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, 2001, 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)5305 providing for consequential seniority to Government servants belonging to SCs and STs promoted in accordance with the policy of reservation in promotion from the date of their promotion to the respective cadres 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 who were promoted in accordance with the policy of reservation in promotion provided for in the Reservation Order with effect from 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 arises. 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 orders of the Hon'ble Supreme Court, Government in Public Works Department published the revised provisional seniority list of Superintending Engineers covering the period from 27-04-1978 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 of giving promotions to the higher cadre vide Notification No. PWD 83 SPG 2002, dated 11-04-2002;

Whereas the Hon'ble Supreme Court in Writ Petition Nos.255/2002, 266/2002, 294/2002, 296/2002, 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 ad-interim orders to protect their seniority also;

Whereas consequent upon filing of an 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 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 clarificatory order 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 a further provisional seniority list of Superintending Engineers published in Notification No. PWD 137 SPG 2005 dated 2nd January 2006 as on 01-01-2006 covering the period from 01-03-2002 to 31-12-2005 was finalized vide Notification No.PWD 137 SPG 2005 dated 17th February 2006 and a further provisional seniority list of Superintending Engineers published in Notification No.PWD 67 SPG 2007 dated 25th April 2007 as on 01-04-2007 covering the period from 01-03-2002 to 31-03-2007 was finalised vide Notification No. PWD 67 SPG 2007 dated 11th May 2007 but without finalising the provisional seniority list of Superintending Engineers published in Notification No.PWD 83 SPG 2002, dated 11-04- 2002 as on 01-03-2002 covering the period from 18-10-1978 to 28-02-2002;

Whereas the Constitution Bench of the Hon'ble Supreme Court in its final judgement dated 19-10-2006 in W.P.No.61 of 2002 and other connected cases, while upholding the constitutional validity of the 85th Constitution Amendment Act, has made the following observations:-

"The impugned constitutional amendments 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 and5306 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% or 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 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, 81st, 82nd and 85th Constitution Amendment Acts and with a view to giving effect to the provisions of the 77th and 85th Constitution Amendment Acts 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 based on the final seniority list of Assistant Executive Engineers (Division-1) published in Notification No.PWD 180 SAG 2008 dated 23-03- 2009, Government in Public Works, Ports and Inland Water Transport Department has published the final seniority list of Executive Engineers covering the period from 09-01-1958 to 31-03-2009 vide Notification No. PWD 156 SPG 2009 dated 2nd January 2010 which has been published in the Karnataka Gazette (Extraordinary) dated 2nd January 2010;

Whereas in the circumstances explained in the foregoing paragraphs and in supersession of all the earlier provisional/final seniority lists of Superintending Engineers published for the period from 03-04- 1964 to 31-12-2009, promotions made to the cadre of Superintending Engineers during the period from 03-04-1964 to 31-12-2009 were reviewed 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, accordingly, the revised provisional seniority list of Superintending Engineers covering the period from 03-04-1964 to 31-12-2009 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 190 SPG 2009 dated 6th February 2010 which was published in the Karnataka Gazette (Extraordinary) dated 6th February 2010 duly inviting objections from the officers aggrieved by the ranking assigned to them in the provisional seniority list within 15 days from the date of publication of the said Notification;

Whereas in response to the aforesaid Notification dated 6th February 2010, a total number of 89 objections have been received from the officers aggrieved by the rankings assigned to them in the provisional seniority list of Superintending Engineers within the prescribed stipulated time limit and the same are summarized into 13 categories on the basis of nature of objections as indicated below:-

(1) In the final seniority list of AEEs (Dn.1) published on 23-03-2009, some of the Assistant Executive Engineers (Division-1), who were promoted to the said cadre temporarily and who were regularly promoted with retrospective effect from 23-08-1992 by Notification dated 10-05- 1995 have been placed above the direct recruits who were appointed to the said cadre by direct recruitment through the Karnataka Public Service Commission on 22-08-1992 contrary to the provisions of rule 3 of the Karnataka Government Servants (Seniority) Rules, 1957 etc. and, therefore, the said list is not tenable in law;

(2) While the 85th Constitution Amendment Act, 2001enabling the State Governments to provide for reservation in promotion with consequential seniority to persons belonging to SCs and STs promoted by virtue of the policy of reservation has come into force with retrospective effect from 17th June 1995, the Karnataka Act No.10 of 2002 providing for consequential seniority to Government servants belonging to SCs and STs promoted by virtue of the policy of reservation has been brought into force with effect from 27th April 1978 which is prima facie not tenable in law and, as such, provisional seniority list of Superintending Engineers published on 6th February 2010 is not tenable in law;

(3) The Hon'ble Supreme Court, in its interim order dated 08-04-2002 in WP No.61/2002 and other connected cases filed by Sri M. Nagaraj and others challenging constitutional validity of the 85th Constitution Amendment Act and the Karnataka Act No.10/2002, has directed that the respondent shall not revert the petitioners, nor affect their standing in the seniority list and promotion, pay etc. and 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. Further, the Hon'ble High Court of Karnataka in its interim order dated 11-06-2009 in WP Nos.11792-11801/2009 has also directed that the contesting respondents who are applicants before the Tribunal and who are also petitioners before the Supreme Court in the pending matter shall not be reverted. However, these directions of the Supreme Court and the High Court have not been followed while publishing the provisional seniority list of SEs and, therefore, the directions of the Supreme Court and the High Court shall be followed while finalizing the said seniority list;

(4) The publication of the revised provisional seniority list of SEs is opposed to the law laid down by the Hon'ble Supreme Court on 19-10-2006 in WP No.61/2002 and other connected cases as the said list has been published without complying with the law laid down by it 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, that the present reservation level for SCs and STs has exceeded 15% and 3% respectively and, therefore, publication of seniority list of SEs is not tenable in law;

(5) The validity of the Karnataka Act No.10 of 2002 challenged before the Hon'ble Supreme Court in W.P. No.61/2002 and other connected cases is still pending. In the meanwhile, the Hon'ble Supreme Court in the case of Shivanath Prasad vs. Saral Pal Jeet Sing Tulsi and others [(2008) 3 SCC 80] and the High Court of Rajasthan in the cases of Ajay Singh vs. State of Rajasthan & others and State of Rajasthan vs. Bajrngalal Sharma and others have held that since the 85th Constitution Amendment Act has come into force with retrospective effect from 17th June 1995, granting of seniority to reserved candidates from prior to that date is not permissible;

(6) In the provisional seniority list of SEs published on 06-02-2010, some of the Executive Engineers who have not been promoted to the cadre of SEs have been assigned the dates of eligibility for promotion and the rankings though they have not been promoted to the said cadre even today. Further, names of some of the Engineers who have not been promoted to the cadre of SEs due to pending departmental enquiry are mentioned though without assigning any seniority number and thereby creating ambiguity etc.;

(7) 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 final seniority list of Executive Engineers and in the provisional seniority list of Superintending Engineers only one block for the entire period has been formed contrary to the instructions contained in O.M. No. DPAR 48 SRR 75, dated 05-07-1976, OM dated 14-12-1987 and the principles laid down by the Supreme Court in Gonal Bhimappa case;

(8) The final seniority list of SEs published in Notification No.PWD 67 SPG 2007 dated 11-05-2007 as per the directions of the Supreme Court and the Karnataka Administrative Tribunal has attained its finality. Even though there is no change in the legal position particularly with respect to the Karnataka Act No.10 of 2002, the action of the Government in re-determining the seniority list of SEs without any compelling reasons is not tenable in law;

(9) Some of the officers have requested that since they have been accorded retrospective promotion to the cadre of EEs/SEs subsequently, their names should be shown at appropriate place in the seniority list of SEs having regard to the dates of retrospective promotion while finalizing the seniority list of SEs;

(10) Some of the Officers have represented that they have not been assigned the dates of eligibility for promotion and the rankings in the provisional seniority list of SEs perhaps for the reason that departmental enquiries are pending against them, although no departmental enquiries were pending against them on the dates on which their juniors have been assigned the dates5308 of eligibility and the rankings in the said list and they have, therefore, requested for inclusion of their names in the seniority list;

(11) One Sri D.R. Parameshwarappa, EE, has represented that although he has not made any representation to the Government declining promotion to the cadre of SEs, it has been indicated in the provisional seniority list of SEs published on 06-02-2010 in the remarks column as 'declined promotion';

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

(13) In the provisional seniority list of SEs published on 06-02-2010, statement indicating the vacancies accrued and vacancies utilized and the statement showing the Notification Nos. and dates in which promotions have been accorded have not been furnished;

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 Superintending Engineers as indicated below:-

(1) With respect to the objection indicated at (1) above, it is stated that this objection relates to the final seniority of AEEs (Dn.1) already published on 23-03-2009 and, hence, this objection is not relevant to the provisional seniority list of SEs as the said list has been published on the basis of final seniority list of EEs published on 02-01-2010. It is true that as per rule 3 of the KGS (Seniority) Rules, 1957, if direct recruits (DRs) and promotees are appointed on the same day, direct recruits shall have precedence over the promoted officers. However, it may be noted that while reviewing promotions accorded to the cadre of AEEs (Dn.1) in accordance with the provisions of section 3 read with section 4 of the KSCS (RPPP) Act, 1973, some of the officers promoted on officiating basis after the appointment of DRs were found eligible for assignment of 'date of eligibility' (deemed date) for promotion to the said cadre of AEEs (Dn.1) within the promotional quota prior to the date of appointment of DRs. Accordingly, only such of the promoted officers as have been assigned the 'date of eligibility' to the said cadre within the promotional quota prior to the date of appointment of DRs have been assigned rankings above DRs and the remaining officers have been placed below DRs as per the principles laid down by the Hon'ble Supreme Court in the cases of VB Badami and Gonal Bhimappa. As such, objection of these officers does not merit any consideration;

(2) With respect to the objection indicated at (2) above, it is stated that it is true that the 85th Constitution Amendment Act enabling the State Governments to provide for reservation in promotion with consequential seniority to persons belonging to SCs and STs has come into force with effect from 17th June 1995. While the provisions of Section 3 of the Karnataka Act No.10 of 2002 which provides for determination of consequential seniority of Government servants belonging to SCs and STs promoted on the basis of policy of reservation provided for in Government Order dated 27-04-1978 are effective from 17th June 1995, the provisions of Section 4 of the said Act which provides for protection of consequential seniority already accorded to persons belonging to SCs and STs who were promoted on the basis of policy of reservation in promotion provided for in the Reservation Order dated 27-04-1978 are effective from 27-04-1978. Although vires of the State Act No.10 of 2002 had been challenged by certain Engineers of PWD belonging to general category before the Supreme Court, the operation of the said Act has not been stayed by it. The State Advocate General, on consultation on this aspect, has opined that the State Government can proceed to finalize the seniority list of AEEs on the basis that the State Act No.10 of 2002 is a valid piece of legislation to which DPAR has also concurred. Accordingly, the State Government has already published the final seniority lists of AEEs (Dn.1) and EEs on 23-03-2009 and 02-01-2010 respectively. Based on the rankings assigned in the final seniority list of EEs, the provisional seniority list of SEs has been published in accordance with the provisions of the KSCS (RPPP) Act, 1973. In the meantime, the Hon'ble High Court of Karnataka in its interim order dated 11th June 2009 in WP Nos.11792-11801/2009 and 11932-11942/2009, while staying the interim order dated 03-04-2009 passed by the Hon'ble Tribunal staying the operation of the final seniority list of AEEs (Dn.1) published under Notification dated 23-03-2009, has directed that the contesting respondents who are applicants before the Tribunal and who are also petitioners before the Supreme Court in WP No.61/2002 and other connected cases shall not be reverted. Accordingly, the State Government will adhere to this interim order. In the meantime, the Hon'ble Supreme Court in its order dated 18-03-2010 in WP (Civil) N.61/2002 and other connected cases has remitted the said matter to the State High Court for its decision. If and only if the State Act No.10 of 2002 is held to be ultra vires either by the High Court of Karnataka or by the Supreme Court, then seniority lists of all the Engineering cadres may have to be reviewed with effect from 17-06-1995 as contended by these officers. Therefore, objection of these officers does not merit any consideration at this stage;

(3) As regards the objection indicated at (3) above, it is stated that the Hon'ble Supreme Court in its interim order dated 08-04-2002 in WP No.61/2002 and other connected cases, while referring the matter to the Constitution Bench for final decision on the constitutional validity of the 85th Constitution Amendment Act, has directed that the respondents shall not revert the petitioners nor affect their standing in the seniority list and promotion, pay etc. and 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. Accordingly, promotions already accorded to the cadres of AEEs, EEs and SEs were reviewed in accordance with the provisions of the KSCS (RPPP) Act, 1973 and the Karnataka Act No.10 of 2002 and, accordingly, the revised provisional seniority lists of AEEs, EEs and SEs were published on 11-04-2002 duly protecting the existing seniority of the petitioners. However, this protection is not available to other petitioners who approached the Supreme Court subsequent to 08-04-2002 as clarified by the Supreme Court in its clarificatory order dated 11-11-2002. However, quite contrary to the interim order dated 08-04-2002 of the Supreme Court, petitioners (general candidates) whose existing seniority, promotion, pay etc. was protected were further promoted to the higher cadre ignoring/ overlooking the seniority of about 680 – 700 seniors belonging to general category despite some of them had not put in the minimum qualifying service in the feeder cadre in violation of relevant Service Rules. It is relevant to mention that the Hon'ble Tribunal in its order dated 30- 08-2004 in Application Nos.1230-1233/2004 has made similar observations. This apart, the Hon'ble Supreme Court in its subsequent orders dated 15-10-2004 and 09-12-2005 in the case of R. Mahadev and another clarified that promotions inter-se the parties on the post of Chief Engineers shall be effected as per the seniority list as it existed immediately before 04- 02-2002. In other words, as far as general category candidates are concerned, their seniority in the final seniority lists published on 20-08-2001 as per Badappanavar was to be maintained and not as per the provisional seniority lists published on 11-04-2002. In the meantime, the Constitutional Bench of the Supreme Court in its final judgement dated 19th October, 2006 in WP (Civil) No.61/2002 and other connected cases has upheld the constitutional validity of 85th Constitutional Amendment Act subject to certain limitations and, further, directed that the validity of individual enactments of appropriate States will be gone into by the appropriate bench in the light of the law laid down by it in the said case. The Hon'ble Supreme Court in its recent order dated 18-03-2010 in WP (Civil) N.61/2002 and other connected cases has remitted the said matter to the Division Bench of the High Court of Karnataka for its consideration and has further ordered that its interim orders dated 08-04-2002 and 11-11-2002 shall hold good for a period of four weeks from the date of receipt of records and that the petitioners would be at liberty to move the High Court within four weeks for appropriate relief, if any, in these proceedings. Pursuant to this order, the Hon'ble High Court of Karnataka, in its interim order dated 29-04-2010 passed in WP Nos.14655-673/2010 filed by M. Nagaraj and others has directed that the Government shall not revert the present petitioners, who were the applicants before the Tribunal, while proceeding with the seniority list of the contesting respondents to give effect to the seniority list as directed by the Apex Court earlier till next date of hearing. The said matter is now pending before the High Court of Karnataka for its decision. Thus, interim orders passed by the Hon'ble Supreme Court on 08- 04-2002 and 11-11-2002 in these proceedings do not survive now. Further, it is to be noted that Sri Shivanand S. Banakar & others in SLP (Civil) Nos.14724-14733/2009 had challenged the interim orders dated 11th June 2009 passed by the Hon'ble High Court of Karnataka in WP Nos.11792-11801/2009 and 11932-11942/2009 staying the interim order dated 03-04-2009 passed by the Tribunal staying the operation of the final seniority list of AEEs (Dn.1) published on 23-03-2009, before the Supreme Court. The Hon'ble Supreme Court in its order dated 11-02-2010 has declined to stay the interim order dated 11th June 2009 passed by the High Court of Karnataka observing that the seniority list prepared subsequent to the amendment should not be interfered with at this stage and that interim order of the High Court of Karnataka that whatever steps may be taken would be subject to the result of the writ petitions pending before the Supreme Court would amply protect the petitioners etc. In view of the categorical denial of the Supreme Court to stay the seniority lists prepared based on the State Act No.10 of 2002 and also to stay the interim order dated 11th June 2009 of the High Court of Karnataka, the objections of these officers to this effect do not merit any consideration;

(4) With regard to the objection indicated at (4) above, it is stated that final seniority lists of AEEs (Dn.1) and EEs have been published in the Notifications dated 23-03-2009 and 02-01-2010 respectively duly complying with the parameters stipulated by the Hon'ble Supreme Court with regard to ceiling limit of 50% in reservation, existence of backwardness and inadequacy of representation of SCs and STs in the State Civil Services, applicability of concept of creamy layer and efficiency in administration as indicated in the said Notifications. Further, it is to be stated that as per the policy of reservation in promotion introduced by the State Government with effect from 27-04-1978 as per GO dated 27-04-1978 read with5310 GO dated 03-02-1999, reservation in promotion is provided up to lowest post in Group-A services (i.e. up to the cadre of AEEs (Dn.1 and Dn.2 in PWD) in favour of SCs and STs only to the extent of 15% and 3% respectively of the cadre strength/working strength and is not applicable to the cadres of EEs (except for certain period), SEs, CEs and EICs. Officers belonging to SCs/STs have been given promotion/date of eligibility for promotion to the cadres of EEs/SEs by virtue of consequential seniority given to them in the cadre of AEEs (Dn.1) and based on their inter-se seniority determined in the cadre of AEEs (Dn.1)/EEs and not by virtue of reserving vacancies/posts as per Reservation Order. Therefore, objections to this effect do not merit any consideration;

(5) In regard to the objection indicated at (5) above, it is stated that the in view of the recent judgement of the Hon'ble Supreme Court in the case of Shiv Nath Prasad vs. Saranpal Jeet Singh Tulsi & others decided on 10-01-2008 reported in (2008) 3 SCC 80 and similar judgements of the Rajasthan High Court in Ajay Singh vs. State of Rajasthan (Civil Petition No.4866/2008) and State of Rajasthan vs. Bajaranglal Sharma holding that since the 85th Constitution Amendment Act has come into force with retrospective effect from 17- 06-1995, granting of consequential seniority to SC/ST officers prior to that date is not permissible, these officers have contended that the action of the Government in preparing the seniority list of SEs from 03-04-1964 is not tenable etc. However, on perusal of the aforesaid judgements, all the facts and circumstances of the case in Shiv Nath Prasad vs. Saranpal Jeet Singh Tulsi & others and Ajay Singh vs. State of Rajasthan (Civil Petition No.4866/2008 do not appear to be similar to the present case in view of the fact that in the aforesaid cases as observed by the Supreme Court/High Court of Rajasthan relating to the States of Madhya Pradesh/Rajasthan, it appears, there was no rule/circular which provided for reservation in promotion in favour of SCs/STs with consequential seniority, whereas the policy of reservation in promotion introduced by the Government of Karnataka with effect from 27-04-1978 as per GO dated 27-04-1978 provides for consequential seniority to be given to SCs/STs promoted in accordance with the said Order and, hence, section 4 of the Karnataka Act No.10 of 2002 provides for protection of consequential seniority already accorded to persons belonging to SCs/STs as per the said Order. Therefore, the ratio laid down by the Supreme Court in the case of Shivanath Prasad is not applicable to the present case. Further, the Hon'ble Supreme Court in its recent judgement dated 10th September, 2009 in the case of Anil Chandra & others vs. Radha Krishna Gaur and others reported in (2009) 9 SCC 454 has held that if a rule/notification/circular claims to be retrospective in nature, has to expressly specify, as per rule of interpretation of statues. Thus, it could be seen that section 4 of the Karnataka Act No.10 of 2002 expressly provides for protection of consequential seniority already accorded to persons belonging to SCs and STs who were promoted in accordance with the policy of reservation in promotion with consequential seniority as per Government Order dated 27-04-1978 with effect from 27-04-1978 and hence the provisions of section 4 of the said Act do not suffer from any legal infirmity. Therefore, objections of the officers to this effect do not merit any consideration;

(6) With respect to the objection indicated at (6) above, it is stated that in accordance with the provisions of section 3 read with section 4 of the KSCS (RPPP) Act, 1973, cases of all those persons who are seniors as per the final seniority list of EEs published on 02-01-2010 than persons who were already promoted to the cadre of SEs have been considered by the DPC held on 25-01-2010 and only those persons who were found suitable for promotion to the cadre of SEs by the DPC have been assigned 'date of eligibility (deemed date)' for promotion to the said cadre and, accordingly, rankings have been assigned to them, pending according actual promotion to them. In respect of certain senior officers who were not found suitable for promotion to the cadre of SEs by the DPC, they have not been assigned date of eligibility/rankings in the provisional seniority list of SEs and appropriate note in the 'remarks column' has been inserted. Hence, the action taken by the Government in this regard is in accordance with the law;

(7) With regard to the objection indicated at (7) above, it is stated that the objection of these officers to this effect is misplaced. The question of determining blocks arises only for the purpose of classification of vacancies/posts as between direct recruits and promotees in cases where there is an element of direct recruitment as per the instructions issued in O.M. dated 05-07-1976 and 14-12-1987. Since there is no element of direct recruitment in the cadre of SEs, there is no need to form blocks as per OM dated 05-07-1976 and 14-12-1987. Eligibility dates (deemed dates) for promotion to the cadre of SEs have been determined based on the rankings assigned in the final seniority list of EEs and having regard to the number of promotions actually accorded on each occasion of promotion. Therefore, objection to this effect does not merit consideration;

(8) With regard to the objection indicated at (8) above, it is stated that the it is not correct to say that Government had published the seniority list of SEs on 11-05-2007 by examining all the5311 legal position and the said list has attained finality. In the year 2007, there were large number of vacant posts of CEs and the seniority list of SEs published earlier had already exhausted. In these circumstances and as per the orders dated 28-03-2005 of the Hon'ble Supreme Court in IAs in Civil Appeal Nos.6894-6895/2004, further final seniority list of SEs was published on 11-05-2007 as on 01-04-2007 i.e. covering the period from 01-03-2002 to 31-03-2007 but without finalizing the provisional list of SEs published on 11-04-2002 for the earlier period i.e. covering the period from 18-10-1978 to 28-02-2002. Further, it is relevant to point out that while the provisional seniority list of SEs published on 11-04-2002 was based on the rankings determined in the provisional seniority lists of AEEs/EEs which were based on the 85th Constitution Amendment Act and the State Act No.10 of 2002 and also as per the interim order dated 08-04-2002 of the Hon'ble Supreme Court, the final seniority list of SEs published on 11-05-2007 was not based on the rankings determined in the provisional seniority lists of AEEs/EEs published on 11-04-2002, but based on the ratio laid down by the Supreme Court in the case of Badappanavar. As such, the said final seniority list of SEs published on 11-05- 2007 is clearly contrary to the interim orders passed by the Supreme Court on 08-04-2002 and the KSCS (RPPP) Act, 1973 and hence, the said list has been reviewed and revised provisional seniority list of SEs has been prepared and published based on the rankings assigned in the final seniority list of EEs published on 02-01-2010 which is in accordance with the law;

(9) With respect to the objections indicated (9) above, it is stated that in cases where officers have represented for modification of their seniority assigned to them in the final seniority list of EEs after the publication of provisional seniority list of SEs, the issue in question has to be examined in accordance with the law in consultation with the DPAR and the Law, Justice and Human Rights Department. However, in cases where after the publication of the provisional seniority list of SEs officers have requested for modification of their seniority assigned to them in the provisional seniority list of SEs, their requests have been examined and suitable modifications have been made while finalizing the seniority list of SEs in cases where their requests were found to be genuine;

(10) As regards the objections indicated at (10) above, it is stated that in cases where the suitability of officers for promotion to the cadre of SEs had not been assessed by the DPC on previous occasions and in the meanwhile if departmental enquiries have been initiated against such officers, recommendations of the DPC about their suitability for promotion to the cadre of SEs have been kept in 'sealed covers'. Accordingly, in such cases, officers concerned have not been assigned the 'dates of eligibility' and the rankings in the seniority list of SEs;

(11) In respect of the objection indicated at (11) above, it is stated that in the proceedings of the DPC meeting held on 02-07-2007 at Sl.No.68, it has been recorded that "on perusal of the request of the officer declining promotion due to family problems, his case for promotion was deferred". Accordingly, he was not promoted to the cadre of SEs when his juniors were promoted to the cadre of SEs on 02-07-2007. In view of this, in the provisional final seniority list of SEs published on 06-02-2010, he has not been assigned the seniority and the 'date of eligibility' for promotion to the said cadre with a note in the remarks column that "declined promotion". In view of the representation now made by the officer, his case for promotion to the cadre of SE has to be examined on verification of his representation made by him on previous occasion available in the connected file and his CR dossier and his case requires to be placed before the next DPC separately for consideration and appropriate decision;

(12) 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 actual date of promotion, names and initials of the officers concerned etc., have been made in the final seniority of SEs; and

(13) As regards the objection indicated at (13) above, it is stated that in the light of the final seniority list of EEs published on 02-01-2010, promotions already made to the cadre of SEs have been reviewed and dates of eligibility (deemed date) for promotion to the cadre in respect of these officers have been determined having regard to the number of promotions actually accorded on each occasion of promotion based on the relevant Notifications. As there is no element of direct recruitment in the cadre of SEs, vacancies are not required to be classified and, hence, there is no need to furnish this information along with the Notification.

Now, therefore, in accordance with the provisions of section 3 read with section 4 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 Superintending Engineers published for the period from 03-04-5312 1964 to 31-12-2009, the revised final seniority list of Superintending Engineers covering the period from 03-04-1964 to 31-12-2009 is published as shown in Annexure-1 to this Notification. The statement showing names of the Superintending Engineers who are not found eligible for assignment of 'date of eligibility' for promotion to the said cadre prior to 31-12-2009 on account of their lower rankings in the final seniority list of Executive Engineers and whose promotions have been protected as per the interim orders of the High Court of Karnataka is appended to this Notification as Annexure-2. This revised final seniority list of Superintending Engineers is subject to the final orders of the High Court of Karnataka in Writ Petition Nos.14655 – 14673/2010 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).

ANNEXURE – 1

Final Gradation list of Superintending Engineers of PWD & ID covering the period from 03.04.1964 to

31/12/2009