Karnataka HC directs state to appoint three work inspectors within two months

Bengaluru: The High Court of Karnataka has directed the state government to appoint three candidates as 'Work Inspectors' within two months.

In case the state amends the 2011 rules to abolish the 'Work Inspector' cadre, the government may merge the petitioners' posts with an equivalent cadre.

A division bench of Justice DK Singh and Justice S Rachaiah issued this direction while allowing a writ appeal filed by HP Harish Kumar, Vishwanath, and Hampanna Kolakar.

The appellants had appeared for the competitive examination conducted by the Karnataka State Public Service Commission (KPSC). The final select list, published in September 2017, showed the petitioners' names at serial numbers 4, 6, and 2, respectively.

Meanwhile, the 'Work Inspector' cadre was abolished and removed from the Cadre and Recruitment Rules of the Public Works Department.

In a petition filed by the other candidates, the Director of the Department of Municipal Administration submitted an affidavit stating that since the KPSC had already published the final select list, candidates who had secured more than 25% marks would be considered for appointment. It was further stated that if the cadre was abolished, eligible candidates could be merged into an equivalent cadre.

The petitioners — Harish, Vishwanath, and Hampanna — who had secured more than 25% marks, submitted a representation seeking appointment. However, their request was denied by the Director of Municipal Administration, as the post had been abolished by a government order dated January 5, 2021.

They then moved the division bench, challenging the February 24, 2025, single bench order that had dismissed their petition. The single bench had ruled that the petitioners were not entitled to appointment, even though they had secured more than 25% marks, since the state government had decided to abolish the 'Work Inspector' cadre.

The division bench noted that the 2021 government order was a policy decision and could only take effect through an amendment to the rules. "Therefore, we reject the contention that the government can abolish the post/cadre through an executive decision without amending the statutory rules," the bench ruled.

The bench further stated: "The director-respondent No 2, in his affidavit filed in WP No 3077/2019, reiterated the government's decision to appoint candidates who had secured more than 25% marks in the selection process. Therefore, we believe the petitioners had a legitimate expectation, based on the prior conduct and explicit assurance of the government, that they would be appointed, given they had secured more than 25% marks in the selection process."