Supreme Court · 1998 INSC 22 · Decided 14 January 1998

Shri A.B. Krishna v. The State of Karnataka and ORS.

Court
Supreme Court of India
Citation
1998 INSC 22 · [1998] 1 S.C.R. 157
Case number
CIVIL APPEAL No. 3702/1990
Decided
14 January 1998
Bench
S. SAGHIR AHMAD, D.P. WADHWA (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Constitution Article 309, 39

Headnote

Service Law : Mysore Fire Force Act, 1964, Sec: 39-Mysore Fire Force (Cadre C Recruitment) Rules(f 971). Rule 1-Rufes made by legislature under Sec. 39 of the Act - Applicability-State Government took a policy decision and amended the Karnataka Civil service (General Recruitment) Rules, 1977- framed under the Proviso to Art. 309 by virtue of doctrine of occupied D field, so cannot be superseded by amendment made to General Recruitment Rules-Constitution of India, Art. 309. The Respondent State Government in exercise of it.s power under Section 39 of the Fire Force Act, 1964, framed

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