Disposed

Shilpa B P v. State of Karnataka

Karnataka HC4 Oct 2012WP/35501/2012

Case brief

AI extract

What is this about?

Writ petitions seeking regularisation of services and weightage for temporary teachers. The court allowed consideration for temporary appointment but rejected claims for regularisation and weightage, directing the institution to consider requests if vacancies and workload exist.

What did the court decide?

Respondent No. 5 directed to consider petitioners for temporary appointment if vacancies and workload permit; rejection of regularisation and weightage claims.

Shilpa B P Vs State of Karnataka — Pension and Retirement Benefits | Karnataka HC (2012)

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WP Nos.35501-09/2012

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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

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DATED THIS THE 4^th DAY OF OCTOBER 2012

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BEFORE

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THE HON’BLE MR.JUSTICE SUBHASH B ADI

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WRIT PETITION NOS.35501 TO 35509 OF 2012 (S-REG)

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BETWEEN:

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SHILPA B P D/O BASAVARAJAPPA PYATER, AGED AOUT 26 YEARS R/O BARANGI POST SORABA TALUK SHIMOGA DISTRICT-577201

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MANJUNATH H. JOGIHALLI S/O HANUMAGOWDAPPA AGED ABOUT 27 YEARS C/O SHIVAKUMAR B.K. SRILAKSHMI SRINIVASA NILAYA 1ST CROSS, DEVARAJ URS BADAVANE SHIMOGA - 577201

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SHIVAKUMAR B.K. S/O B.KUBERAPPA AGED ABOUT 30 YEARS R/O SRILAKSHMI SRINIVASA NILAYA, I CROSS, DEVARAJ URS BADAVANE, SHIMOGA-577201

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RAGHAVENDRA G. LAMANI S/O GOVINDA RAJ AGED ABOUT 27 YEARS C/O SHIVAKUMAR B.K. SRILAKSHMI SRINIVASA NILAYA 1ST CROSS, DEVARAJ URS BADAVANE SHIMOGA - 577201

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WP Nos.35501-09/2012

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SAVITA M.M. W/O ASHOK AGED ABOUT 27 YEARS R/O KARNALLI MALLENAHALLI POST SHIKARIPURA TALUK SHIMOGA DISTRICT-577450

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SHIVAYOGI G.P. S/O PARAMESHWARAPPA G. AGED ABOUT 29 YEARS R/O KORTIKERE POST SHIKARIPURA TALUK SHIMOGA DISTRICT-260755

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PRADEEP KUMAR D.Y. S/O YOGARAJ K.C. AGED ABOUT 26 YEARS R/O DOMBESARA KOGAR POST, SAGAR TALUK SHIMOGA DISTRICT-577421

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SHIVAKUMAR A.G. S/O GUDAPPA T.C. AGED ABOUT 38 YEARS R/O AGRADAHALLI POST BHADRAVATHI TALUK SHIMOGA DISTRIT-577201

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MARUTHI K.S. S/O SURESH KANDEKE AGED ABOUT 28 YEARS R/O JAYANAGARA SHIKARIPURA TALUK SHIMOGA DISTRICT-577427

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...PETITIONERS

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(BY SMT.BHARGAVI D.NAYAK, ADV. FOR SRI.H DEVENDRAPPA, ADV.)

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AND:

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STATE OF KARNATAKA REP BY THE CHIEF SECRETARY, VIDHANA SOUDHA,

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WP Nos.35501-09/2012

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DR AMBEDKAR ROAD, BANGALORE-560001

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STATE OF KARNATAKA REP BY THE PRL.SECRETARY TO SOCIAL WELFARE DEPARTMENT, VIKASA SOUDHA, DR AMBEDKAR ROAD, BANGALORE-560001

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STATE OF KARNATAKA REP BY THE PRL.SECRETARY TO RURAL DEVELOPMENT & PANCHAYATRAJ DEPARTMENT, M S BUILDING,DR AMBEDKAR ROAD, BANGALORE-560001

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STATE OF KARNATAKA REP BY THE PRINCIPAL SECRETARY TO PRIMARY & SECONDARY EDUCATION DEPARTMENT, M S BUILDING, DR AMBEDKAR ROAD, BANGALORE-560001

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THE EXECUTIVE DIRECTOR KARNATAKA RESIDENTIAL EDUCATION INSTITUTIONS SOCIETY, (AN ORGANISATION OF SOCIAL WELFARE DEPARTMENT),179,1&III FLOOR, ROOPA COMPLEX,I MAIN ROAD, SESHADRIPURAM, BANGALORE-560020

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THE DEPUTY COMMISSIONER SHIMOGA – 577 427

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THE DEPUTY COMMISSIONER DEPARTMENT OF BACKWARD CLASS AND MINORITIES WELFARE DEPARTMENT, SHIMOGA DISTRICT, SHIMOGA-577427

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THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH, SHIMOGA DISTRICT, SHIMOGA-577427

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WP Nos.35501-09/2012

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THE DISTRICT OFFICER FOR BACKWARD CLASS AND MINORITIES WELFARE DEPARTMENT, SHIMOGA DISTRICT, SHIMOGA-577427

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...RESPONDENTS

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(SRI.RAGHAVENDRA G.GAYATRI, HCGP FOR R1 TO R4, R6 & R7 SRI.M.N.MADHUSUDHAN, ADV. FOR R5)

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These writ petitions are filed under Articles 226 and 227 of the Constitution of India praying to issue a writ in the nature of mandamus directing the R6 to R9 to consider the representations of the petitioners dt.23.8.12, vide Ann-E, E1, E2 & E3 & regularise the services of the petitioners and etc.

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These Petitions coming on for Preliminary Hearing this day, the Court made the following:-

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O R D E R

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Learned Government Pleader is directed to take notice for respondent Nos.1 to 4, 6 and 7. Sri.M.N.Madhusudhan, learned counsel is directed to take notice for respondent No.5.

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The petitioners have sought for a direction to respondent Nos.6 to 9 to consider their representations submitted as per Annexures-E, E1, E2 and E3. They were all appointed temporarily as teachers in Morarji Desai

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WP Nos.35501-09/2012

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Residential School. However, the Government has issued notification for regular appointment.

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In similar circumstances, this Court has rejected the request of the similarly placed teaching and non-teaching employees for regularisation of their services and in turn, had directed to give weightage for their past service rendered in the Institution.

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Learned Government Pleader submits that the recruitment is over and there cannot be any consideration for weightage also.

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Since these petitioners were working on temporary basis and if still vacancies are there, work load is there, respondent No.5 is directed to consider the request of the petitioners atleast for temporary appointment.

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Accordingly, petitions are disposed of.

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Learned Government Pleader appearing for respondent Nos.1 to 4, 6 and 7 is permitted to file memo of appearance within two weeks. Sri.M.N.Madhusudhan,

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WP Nos.35501-09/2012

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learned counsel for respondent No.5 is permitted to file vakalath within two weeks.

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Sd/JUDGE

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Shilpa B P v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Shilpa B P v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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