High Court restrains government from issuing job orders to 2011 probationers

High Court restrains government from issuing job orders to 2011 probationers

Stays KAT order, issues notice to CS

 The High Court of Karnataka has asked the government not to issue appointment orders to the 2011 batch gazetted probationers and stayed the Karnataka Administrative Tribunal’s order.

A division bench comprising Chief Justice S K Mukherjee and Justice P S Dinesh Kumar passed an interim order after hearing the public interest litigations (PILs) filed by job aspirants R Renukambike and others.

On August 14, 2014, the government annulled the appointment of 362 probationary officers (Group A and B) of the 2011 batch.

The government’s decision, however, was quashed by the KAT on October 19, 2016. The KAT asked the government to issue appointment letters to all eligible candidates within two months. Following this, the government, on March 1, decided to issue appointment orders.

The bench has also issued notice to the chief secretary, principal secretary, department of personnel and administrative reforms and secretary, Karnataka Public Service Commission (KPSC).

The petitioners had sought a stay on the KAT order. The petitioners contended that the government’s decision to issue appointment orders was against the recruitment rules. It was an attempt to curtail the rights of the meritorious students, they argued, seeking the court’s direction to restrain the government from issuing appointment orders.  The division bench directed the authorities concerned not to issue appointment orders during the pendency of the petitions.  Dr Maitreyi, one of the aspirants, had complained to the law minister and the advocate general that Mangala Sridhar, a KPSC member, had demanded bribe.

Based on her complaint on May 28, 2013, the government sought opinion from the AG.
The AG suggested that the government order an investigation and take action against anyone found guilty.

The government ordered a CID probe on June 4, 2013. The CID, in its interim report, said there were tainted candidates in the selection list.

Based on this report, the government, on August 14, 2014, quashed the list of the 2011 batch candidates.