Disposed

Suresh v. the Principal Secretary

Karnataka HC11 Oct 2019WA/100681/2017

Case brief

AI extract

What is this about?

High Court disposed intra-court appeals arising from dismissal of a writ petition challenging regularization of daily wage employees. Court directed respondent to decide claims on merits via a speaking order within three months upon submission of representations.

What did the court decide?

Writ appeals disposed. Direction given for respondent to decide claims for regularization on merits via speaking order within three months.

Suresh Vs the Principal Secretary — Pension and Retirement Benefits | Karnataka HC (2019)

¶1

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

¶2

DATED THIS THE 11^TH DAY OF OCTOBER 2019

¶3

Present

¶4

THE HON’BLE MR.JUSTICE ALOK ARADHE

¶5

and

¶6

THE HON’BLE MR.JUSTICE P.G.M. PATIL

¶7

W.A. Nos.100681/2017 & 100103-125/2019 (S REG)

¶8

Between

¶9

SURESH S/O GANGADHARAIAH ITTIGIMATH

¶10

AGE: 53 YEARS OCC: GRADUATE ASSISTANT PRE SUB-DIVISION, DHARWAD, R/O KIRAN BUILDING PLOT NO.10 2ND CROSS, DHARWAD NO.862, 580001.

¶11

SRI.ASLAMSAB S/O HUSSAINSAB RAMPUR, AGE: 54 YEARS, OCCN II CLASS FITTER, PRE SUB-DIVISION, DHARWAD R/O: KYARKOPPA, TQ AND DIST: DAHRWAD NO.863, 580001

¶12

MALLAPPA S/O SIDDAPPA DANDIN

¶13

¶14

AGE: 57 YEARS, OCC: WATCHMAN R/O: INAMHONGAL PRE-SUB DIVISION, DHARWAD TQ: SAUNDATTI DIST: BELGAVI NO.864, 590001

¶15

SRI.SIDDALINGAYYA S/O SHIVAYYA BHUSTAILIMATH, AGE: 52 YEARS OCC: HEAVY MAZDOOR, PRE SUB-DIVISION DHARWAD UDAPI ONI R/O. MANGYAN MAL HOSAYALLAPUR DHARWAD NO.866, 580001

¶16

SRI.SOMALINGAPPA S/O SANGAPPA DASANKOPPA AGE: 48 YEARS, OCC: GANGAMAN PRE-DIVISION DHARWAD, R/O NIGADI, TQ AND DIST: DHARWAD NO.868. 580001.

¶17

SRI.NINGAPPA S/O SHANKRAPPA NANDIHALLI, AGE: 50 YEARS OCC: GANGAMAN PRE SUB-DIVISION DHARWAD, R/O NEHRUNAGAR, DHARWAD.NO.869. 580001.

¶18

SRI.HUSSAINSAB S/O RAJESAB HONGAL, AGE: 57 YEARS, OCC: GANGAMAN. RWS SUB-DIVISION DHARWAD, R/O H.NO.30, MAGAD ROAD,

¶19

¶20

AT POST: KYARKOPPA, TQ AND DIST: DHARWAD.NO.870. 580001.

¶21

SRI.VEERANNA S/O KOTRAPPA YEDIYPURA, AGE: 54 OCC: LITERATE ASSISTANT, PRE SUB-DIVISION DHARWAD, R/O SHIVA SADAN, ADAKI ONI, MANGALAWARPET, DHARWAD.NO.871. 580001.

¶22

SRI.BASAVARAJ HEMAPPA, S/O K BASAVARAJ, AGE: 54 YEARS, OCC: LITERATE ASSISTANT, PRE SUB-DIVISION DHARWAD R/O OTUNGA BHADRA COLONY NEAR PARISARA BHAVAN, SRINAGAR, DHARWAD NO.873. 580001.

¶23

SRI.BASAVARAJ S/O GULAPPA BADIGER AGE: 58 YEARS OCC: WATCHMAN, PRE SUB-DIVISION DHARWAD, R/O GANESH NAGAR, HALIYAL ROAD, DHARWAD.NO.875. 580001.

¶24

SRI.INAYAT S/O MAHABOOBSAB INAMDAR, AGE: 46 YEARS, OCC: HELPER, PRE SUB-DIVISION DHARWAD, BASAVA NAGAR PART-I, 5TH CROSS, HALIYAL ROAD,

¶25

¶26

DHARWAD NO.876. 580001..

¶27

SRI.BHIMA S/O RAMA CHANDRAPPA NAIK. AGE: 55 YEARS OCC: DRIVER, RWS SUB-DIVISION DHARWAD, NEAR B.H NAIK HOUSE, 4TH CROSS, M B NAGAR, DHARWAD.NO.879. 580001.

¶28

SRI.SUDHINDRA S/O BHEEMACHARYA HOLIKATTI AGE: 46 YEARS, OCC: DRIVER, PRE SUB-DIVISION DHARWAD, C/O S.R KULKARNI R/O WRITER GALLI, MANGALWARPET, DHARWAD NO.880 580001.

¶29

SRI.MAHESH S/O RAMCHANDRA JOSHI, AGE: 53 YEARS, OCC: TRACER, PRE SUB-DIVISION DHARWAD, R/O SRI RAM NIVAS H.NO.3 SAMRUDDI RESIDENCY 1ST FLOOR, 6TH CROSS, KALYAN NAGAR, DHARWAD.NO.881 580001

¶30

SRI.BARAMAPPA S/O LAXMAPPA MANTGANI, AGE: 48 YEARS OCC: DRIVER, ASSISTANT EXECUTIVE ENGINEER, PRE SUB-DIVISION, HUBLI,

¶31

¶32

R/O DEVINAGAR, VIDYANAGAR, HUBLI.NO.884 580001

¶33

SRI.GANGAPPA S/O FAKIRAPPA DODDAKATTI RTD. AGE: 61 YEARS, OCC: GANGAMAN, PRE SUB-DIVISION DHARWAD, R/O OPALIKOPPA, VARUR HUBLI. DIST. DHARWAD NO.885 580001

¶34

SRI.BASAVANAGOUDA S/O MALLANGOUDA CHANNAVEERAGUUDA AGE: 50 YEARS, OCC: CLEANER RWS SUB-DIVISION, DHARWAD, R/O VEERESH COLONY MALAPUR, DHARWAD.NO.993 580001

¶35

SRI.DEEPAK MAHADEV MADAKOLKAR AGE: 50 YEARS, OCC: TYPIST/GRADUATE ASSISTANT AEE RWS & S SUB-DIVISION, HUBLI H.NO.16/B, KHB QTRS., SANTOSH NAGAR HUBLI NO.901 580001

¶36

SRI.MANOJKUMAR GANGADHAR BAGEWADI AGE: 51 YRS PUC OFF: AEE, LITERATE ASSISTANCE RWS SUB-DIVISION, DHARWAD M.G. BAGEWADI, PL NO.219, VTH CROSS, R.C. NAGAR, DHARWAD NO.872 580001

¶37

¶38

NAGANAGOUDA S/O SOMASHEKARGOUDA MANVI ALIAS : M. NAGANAGOUDA AGE: 52 YRS OCC: WATCHMAN OFF: RDWS, SUB-DIVISION, RON, TQ: RON, DIST: GADAG NO.939 581117

¶39

MAHESH S/O LINGAPPA KESARI AGE: 52, TYPIST PRE SUB-DIVISION RON, TQ: RON, DIST: GADAG -581117

¶40

NEMINATH S/O DEVENDRAPPA MUTTIN AGE: 53, LITERATE ASSSISTANT RDWS SUB-DIVISION RON, TQ: RON, DIST: GADAG-581117. ... APPELLANTS

¶41

(BY SRI BASAVARAJ GODACHI, ADV.)

¶42

AND

¶43

THE PRINCIPAL SECRETARY, GOVERNMENT OF KARNATAKA, DEPARTMENT OF PERSONAL AND ADMINISTRATIVE REFORMS, M.S. BUILDING, BANGALORE-01. 560001

¶44

THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF RURAL AND PANCHAYAT RAJ

M.S. BUILDING,

BENGALURU-560001

THE CHIEF ENGINEER, DEPARTMENT OF PANCHAYAT RAJ ENGINEERING, RURAL DEVELOPMENT BHAVAN, ANAND RAO CIRCLE, BENGALURU-560009

¶49

THE SUPERINTENDING ENGINEER PRE CIRCLE, HALIYAL ROAD, DHARWAD-580 001

¶50

THE CHIEF EXECUTIVE OFFICER, ZILLAL PANCHAYAT, DHARWAD-580001.

¶51

THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYAT, HAVERI-580001.

¶52

THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYAT, GADAG-580001.

¶53

DEPARTMENT OF PANCHAYAT RAJ PRE SUB-DIVISION DHARWAD DEPT. OF PANCHAYAT RAJ SUB-DIVISION, HUBLI-580001

¶54

DEPARTMENT OF PANCHAYAT RAJ PRE SUB-DIVISION RON TQ: RON, DIST: GADAG-581117

¶55

DEPARTMENT OF PANCHAYAT RAJ PRE SUB-DIVISION KUNDAGOL

¶56

¶57

TQ: KUNDAGOL, DIST: DHARWAD-580001. ...RESPONDENTS

¶58

(BY SRI.G.K.HIREGOUDAR, AGA)

¶59

THESE WRIT APPEALS ARE FILED U/S 4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON’BLE COURT TO ALLOW THESE WRIT APPEALS BY SETTING ASIDE THE JUDGMENT DATED 7/3/2017 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.107146-107147/2016 AND 108089-109/2016 (S-REG).

¶60

THESE APPEALS COMING ON FOR PRELIMINARY HEARING THIS DAY, ALOK ARADHE, J, DELIVERED THE FOLLOWING:

¶61

JUDGMENT

¶62

Appeals are admitted for hearing with the consent

¶63

of the parties.

¶64

In these intra Court appeals, the appellants have assailed the validity of the Order dated 7/3/2017 passed by the learned Single Judge by which writ petition preferred by the appellants were dismissed.

¶65

Facts giving rise to filing of these appeals briefly stated are that it is the case of the appellants that the appellants were employed on daily wages basis in

¶66

¶67

Panchayat Raj Engineering and Rural Development Department of Government of Karnataka for past 30 years. However, the State Legislature has enacted the Daily Wages Employees Welfare Act 2012. Section 3(1) of the aforesaid Act provides that the daily wages Employees in the establishment whose names are notified by the Government of Karnataka shall be continued on daily wages basis till the they complete the age of 60 years. In the writ petition, appellants challenged the validity of Section 3(1) of the Act on the ground that the same takes away the right of regularization of their services. The learned single Judge vide order dated 7/3/2017 has dismissed the writ petition filed by the appellants. In the aforesaid factual back ground, these appeals have been filed.

¶68

Learned counsel for the appellants submitted that the appellants are employees of the local bodies and the appellants are granted liberty to submit representations with regard to their prayer for regularization before respondent No.1 and the aforesaid

¶69

¶70

authority be directed to consider the representations submitted by the appellants in accordance with law by speaking order.

¶71

On the other hand, the learned Government Advocate in view of the observations of the Supreme Court in para 53 in the case of the Secretary, State of Karnataka and Others Vs. Umadevi and others reported in (2006) 4 SCC 1 submitted that as a one time measure, the State Government shall consider the representations which may be submitted by the petitioners in accordance with law.

¶72

In view of the aforesaid submission and as

¶73

agreed by the learned counsel for the parties, the writ appeals are disposed of with a direction that in case the appellants submit representations within a period of two weeks from the date of receipt of copy of certified copy of the order to respondent No.1, respondent No.1 shall decide the claims of the appellants for regularisation of their services on merits in accordance with law by a speaking order within a period of three months form the

¶74

¶75

date of receipt of the said representation in accordance with law. It is made clear that this Court has not expressed any opinion with regard to the merits of the case for regularisation of services of the appellants, as the same has to be decided by respondent No.1. To the aforesaid extent, the order passed by the learned Single Judge is modified.

¶76

Accordingly, appeals are disposed of.

¶77

Sd/JUDGE

¶78

Sd/JUDGE

¶79

Vmb

Suresh v. the Principal Secretary

Case brief

What is this about?

What did the court decide?

Suresh v. the Principal Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri.S.M.Satisha Babu S/O Shivanandaswamyi Vs the State of Karnataka

Smt.Medha D/O Janardhan Jaiwant Vs the State of Karnataka

Basappa S/O Husanappa Talawar Vs State of Karnataka

Praveen S/O Ramkrishna Nikkam, Vs Sneha W/O Praveen Nikkam

Praveen Vs Snehal

Shri.Tarachand Goaraji Gohilot Vs Shri.Laxman Satyappa Kamate