Three temporary employees filed writ petitions under articles 226 and 227 of the Constitution of India seeking quashing of an order discharging them. The temporary work period had expired but the project was ongoing.
The writ petitions stand disposed of with a direction to respondents to consider the request to continue employment if work is available.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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W.P. NOs. 44189-44191/2012
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 2ND DAY OF NOVEMBER 2012
BEFORE
THE HON'BLE MR. JUSTICE SUBHASH B ADI WRIT PETITION NOS.44189 - 44191/2012(S-RES)
BETWEEN:
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W.P. NOs. 44189-44191/2012
AND:
…. RESPONDENTS
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W.P. NOs. 44189-44191/2012
WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE COMMUNICATION DATED 19.10.2012, VIDE ANNEXUREG, ISSUED BY THE RESPONDENT NO.3.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Smt. Manjula R. Kamadalli, HCGP is directed to take notice for R1. R2, R4 and R5.
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W.P. NOs. 44189-44191/2012
submits that the project work is still going on and before the project work is completed, the services of the petitioners have been discharged.
has expired. However, it is the contention of the learned counsel for the petitioner that the petitioners were appointed till the completion of project work and the project work is not yet completed.
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W.P. NOs. 44189-44191/2012
Smt. Manjula R. Kamadalli, HCGP is directed to file memo for appearance with in four weeks.
Sd/JUDGE
Bsv
1 issue framed by the court
Whether the quashing of the discharge order is warranted when the temporary employment appointment was tainted by completion of the project work.
Shri Rajappa S/o Ramappa
Shri Anand C. Hirmeath
Shri Sheik Noorahamed
The State of Karnataka
The Commissioner Municipal Directorate
The Karnataka Urban Infrastructure Development Corporation Limited
Subhash B Adi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
