Dismissed

Smt Preeti Bhandage v. State of Karnataka

Karnataka HC4 Mar 2021WA/2578/2019

Case brief

AI extract

What is this about?

Appeal against dismissal of writ petitions seeking regularisation of contract appointees. The High Court held that where posts are filled via regular recruitment, contract appointees cannot be regularised. Court directed State not to terminate services if posts remain vacant after recruitment.

What did the court decide?

Appeal dismissed; direction issued not to terminate service of contract appointees if posts remain vacant post-recruitment.

Smt Preeti Bhandage Vs State of Karnataka — Pension and Retirement Benefits | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF MARCH, 2021

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PRESENT

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THE HON’BLE MRS.JUSTICE B.V.NAGARATHNA

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AND

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THE HON’BLE MR.JUSTICE N.S.SANJAY GOWDA

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W.A.No.2578/2019 (S – REG)

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BETWEEN:

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1 Smt. Preeti Bhandage, W/o Mahesh, Aged about 34 years, Working as Accountant, City Municipal Council, Koppal – 583 21.

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Smt. Ranjita.N.Pise, D/o Saraswati N.Pise, Aged about 32 years, Woring as Accountant, Town Panchayat, Honalli, Davanagere District – 577 217

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Smt. G.M.Prema Leela, D/o Mahalingappa.G, Aged about 44 years, Working as Accountant, Town Municipal Council, Chennagiri, Davanagere District – 577 21.

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Sri. Mahanthesh.M.G.

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S/o Gurubasappa.M, Aged about 33 years, Working as Accountant, Town Panchayat, Jagalur, Davanagere District – 577 528.

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Sri.Hanumeshi.V., S/o Venkatesh, Aged about 37 years, Working as Accountant, Town Municipal Council, Harapanahalli, Davanagere District – 583 131.

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Smt. Lakshmi.M.R. W/o O.L.Dhanajaya, Aged about 41 years, Working as Accountant, Town Panchayat, Yelandur, Chamarajanagara District – 571 313.

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Smt.L.S.Roopa, W/o Vishwanath.D.S Aged about 35 years, Working as Accountant, Town Municipal Council, Kunigal, Tumkur District – 572 130.

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Sri. Sadananda.T., S/o Rama Settygar, Aged about 39 years, Working as Accountant, Town Panchayat, Turuvekere, Tumkur District – 572 227.

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Smt. Padma.S.M. W/o Mahesh.M, Aged about 33 years,

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Working as Accountant, Town Municipal Corporation, Chikkanayakanahalli, Tumkur District -5.

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Miss. Salma Kousar, D/o Rahamathulla, Aged about 31 years, Working as Accountant, Town Municipal Corporation, Madhugiri, Tumkur District – 572 132.

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Sri. Preetham.P.V, S/o Vikramaditya P.K., Aged about 34 years, Aged about 31 years, Working as Accountant, Town Municipal Corporation, Gubbi, Tumakur – 572 216.

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Sri. Harish, S/o Hanumantharayappa, Aged about 35 years, Aged about 31 years, Working as Accountant, Town Municipal Corporation, Pavagada, Tumkur District – 573 216.

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Miss. Sushma, D/o Shrinivasa, Aged about 32 years, Working as Accountant, Town Municipal Corporation, Bantawala, Dakshina Kannada District – 574 189.

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Sri. Kiran Loyd Monteiro, S/o Late Elias Monterio,

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Aged about 32 years, Working as Accountant, Town Municipal Corporation, Mangalore – 575 003.

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15 Smt. Joshma Judy DSouza, W/o Melwyn Kiran Monteiro, Aged about 32 years, Working as Accountant, Mangalore City Corporation, Mangalore – 575 003.

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Smt. Amitha, W/o Sadananda, Aged about 33 years, Working as Accountant, Mangalore City Corporation, Mangalore – 575 003.

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Sri. Ramesh Gowda.P., S/o Late Kariya Gowda, Aged about 46 years, Working as Accountant, Town Panchayat, Sulya, Dakshina Kannada District – 574 239.

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Smt. Anuradha.M.V., W/o M.N. Sridhar, Aged about 34 years, Working as Accountant, Town Panchayat, Nagamangala, Mandya – 571 432.

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Miss. Bhavana.P.N. D/o Late Natraj.P., Aged about 39 years, Working as Accountant, Town Panchayat, Somwarpet,

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Kodagu District – 571 236.

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Sri. Parameshu M.K., S/o M.J..Krishnaiah, Aged about 33 years, Working as Accountant, Town Panchayat, H.d.Kote Mysore District – 571 114.

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Sri. Vinay Kumar M.K., S/o Keshav Murthy M.V., Aged about 34 years, Working as Accountant, Town Municipal Council, T.Narasipura Mysore District – 571 124.

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Sri. Pradeep.T.G., S/o Govinde Gowda T.S. Aged about 32 years Working as Accountant, Town Municipal Council, Periyapatana, Mysore District – 571 107.

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Smt. Soumya.S., W/o Lohit.B.M. Aged about 33 years, Working as Accountant, Town Panchayat, Sargur, Mysore District – 571 121.

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Sri. Venkatachalaiah.B., S/o Balaiah, Aged about 28 years, Working as Accountant, City Municipal Council, Chintamani, Chikkaballapur District – 563 125.

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Sri.R.Sridhar,

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S/o K.C.Ramakrishnappa, Aged about 35 years, Working as Accountant, Town Municipal Council, Bagepalli, Chikkaballapur District – 561 207. 26. Sri. Jayarama.K.M., S/o Munirajappa, Aged about 35 years, Working as Accountant, Town Panchayat, Gudibande, Chikkaballapur District – 561 209.

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Smt. K.N.Rajalakshmi, W/o K.S.Ashwath, Aged about 41 years, Working as Accountant, Town Panchayat, Alur, Hassan District – 573 213.

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Sri. Santosh.G., S/o Ganesh Rao Kamble, Aged about 33 years, Working as Accountant, Town Municipal Council, Hosadurga, Chitradurga District – 577 527.

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Smt. Rajeshwari B.Soraganvi, W/o Siddharam Banakar, Aged about 37 years, Working as Accountant, Town Municipal council Mahalingapura, Bagalkot District – 587 312.

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Sri. Nagaraj H.K., S/o Hullappa, Aged about 38 years, Working as Accountant,

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Town Municpal Council, Guledugudda, Bagalkot District – 587 203.

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Smt. Roopa G.Gombi, W/o Kadesh B Bhadrannavar, Aged about 32 years, Working as Accountant, Town Municipal Council, Terdal, Bagalkot District – 587 315.

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32 Sri. Mabusab R Nadaf, S/o Raimansab Nadaf, Aged about 34 years, Working as Accountant, City Municipal Council,Mudhol, Bagalkot District – 587 313.

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Smt. Sharada L.Dodamani, W/o Shankar R. Lamani, Aged about 34 years, Working as Accountant, Town Municipal Council, Badami, Bagalkot District – 587 201.

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Smt. Geeta.S.Kalagudi, D/o S.M.Kalagudi, Aged about 35 years, Working as Accountant, Town Panchayat, Kerur, Bagalkot District – 587 206.

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Kum. Savitha Vamana Awati, D/o V.B.Awati, Aged about 38 years, Working as Accountant, Town Municipal Council Athani, Belgaum District – 591 304.

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Miss. Ashwini Vishnu Kale, D/o Vishnu Kale, Aged About 33 years, Working as Accountant, Town Municipal Council Chikkodi, Belgaum District – 591 201. 37. Smt. Rashmi.P.Shekhane, W/o Rajesh F.Hutagi, Aged about 37 years, Working as Accountant, Town Municipal Council, Mudalagi, Belgaum District – 591 307.

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Smt. Sonali K. Bubanale, W/o Sunil J Bidrole, Aged about 33 years, Working as Accountant, Town Municipal Council, Bailhongal, Belgaum District – 591 102.

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Smt. Shweta M. Naik, W/o kiran Ganesh Kuradur, Aged about 34 years, Working as Accountant, Town Municipal Council, Saudathi, Belgaum District – 591 126.

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Smt. Deepa shankar Daddi, W/o M.S.Dastikoppa, Aged about 31 years, Working as Accountant, Town Panchayat, Kallolli, Belgaum District – 591 224.

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Sri. Vinod M Sanadi,

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S/o Maruti Bhima Sanadi, Aged about 35 years, Working as Accountant, Town Panchayath, Khanapur, Belgaum District – 591 302.

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Sri. Vinay G. Kolli, S/o Gundappa, Aged about 32 years, Working as Accountant, Town Municipal Council, Naganur, Belgaum District – 591 313.

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Sri. Supremgouda. S. Patile, S/o Sanagouda Patil, Aged about 34 years, Working as Accountant, Town Panchayat, M.K.Hubbali, Belgaum District – 591 311.

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Sri. Sridhar Suresh Cholachagudd, S/o Suresh S Cholacagudd, Aged about 35 years, Working as Accountant, Town Municipal Council, Ramadurg, Belgaum District – 591 123.

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Sri. Naseeruddin Jahagirdar, S/o Ikbal Pasha, Aged about 34 years, Working as Accountant, Town Panchayath, Raibag, Belgaum District – 591 317.

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Sri. Santosh S Medar, S/o Siddappa Medar, Aged about 34 years, Working as Accountant,

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Town Panchayath, Kundagol, Dharwad District – 581 113.

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Smt. Jyoti S Kanpeth, W/o Venkatesh, Aged about 29 years, Working as Accountant, City Municipal Council, Hubli-Dharwad City Corporation, Hubli – 580 020.

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Sri. Panduranga Rampur, S/o Giridhar, Aged about 39 years, Working as Accountant, Town Panchayath, Narigal, Gadag District – 582 119.

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Ms. Nagarthna S Upin, D/o Shrishail, Aged bout 33 years, Working as Accountant, Town Municipal Council, Ron, Gadag District – 582 209.

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Smt. Rekha M Hosamani, W/o M.N.Kiwadar, Aged about 34 years, Working as Accountant, Town Panchayath, Mulagund, Gadag District – 582 117.

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Sri. Gurunath P.Patali, S/o Pundikappa, Aged about 34 years, Working as Accountant, Town Panchayath, Shrirahatti, Gadag District – 582 120.

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Sri. Ragahvendra Rahachandrasa Habeeb, S/o Ramachandrasa Habeeb, Aged about 37 years, Working as Accountant, Town Municipal Council, Mundaragi, Gadag District – 582 101.

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Sri. Mahesh C Hosamani, S/o Chennabasanagouda, Aged about 38 years, Working as Accountant, Town Municipal Council, Laxmeshwar, Gadag District – 582 116.

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Smt. Sudha P Arabagondamath, W/o Niranjan Hiremath, Aged about 33 years, Working as Accountant, Town Municipal Council Savanur, Haveri District – 581 118.

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Smt. Soubhagya R Baligar, W/o Veeresh Poojar, Aged about 33 years, Working as Accountant, Town Municipal Council, Byadagi, Haveri District – 581 106.

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Sri. Rajesh S Kahar, S/o Subhas, Aged about 32 years, Working as Accountant, Town Municipal Council, Shiggon, Haveri District – 581 205.

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Smt. Ashwini.P. Sunagar,

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W/o Yellappa Shivannavar, Aged about 32 years, Working as Accountant, Town Municipal Council, Bankapur, Haveri District – 581 202.

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Sri. Nagaraj.G.Shamanur, S/o G.N Shamanur, Aged about 35 years, Working as Accountant, Town Panchayath, Hirekerur, Haveri District – 581 111.

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Sri. Durgaram.B.Uthalekar, S/o Bairappa, Aged about 39 years, Working as Accountant, Town Municipal Council, Hangal, Haveri District – 581 104.

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Smt. Gayatri S. Baithkholkar, D/o Shripad Baithkholkar, Aged about 33 years, Working as Accountant, Town Municipal Council, Haliyal, Uttar Kannada District – 581 329.

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Smt. Amrutha Balatalekar, W/o Keerti Ganapathi Naik, Aged about 28 years, Working as Accountant, Town Municipal Council, Ankola, Uttar Kannada District – 581 324.

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Smt. Usha Vittal Mesta, W/o Satish Narayan Mesta, Aged about 28 years, Working as Accountant,

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Town Panchayath, Honnavar, Uttar Kannada District – 581 334.

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Sri. Nagaraj Rajaram Teradal, S/o Rajaram Teradal, Aged about 29 years, Working as Accountant, City Municipal Council, Dandeli, Uttar Kannada District – 581 325.

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Sri. Nagi Pogu Arvind Kumar, S/o Late N.Obaiah, Aged about 29 years, Working as Accountant, Town Panchayath, Kamalapura, Bellary District – 583 221. 65. Sri. Thimmappa.A., S/o Shankarappa, Aged about 28 years, Working as Accountant, Town Panchayath, Kottur, Bellary District – 583 134.

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Sri. Jagadish.R., S/o Late Ramappa.R. Aged about 27 years, Working as Accountant, Town Municipal Council, Sandur, Bellary District – 583 119.

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Sri. Vijaykumar A Kanakagiri, S/o Andanappa Kanakagiri, Aged about 33 years, Working as Accountant, Town Municipal Council, Hoovinahadagali, Bellary District – 583 219.

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Sri. Gurumurthy.H.V. S/o Veerabhadraiah, Aged about 41 years, Working as Accontant, Town Panchayath, Kudalagi, Bellary District – 583 135.

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Sri. Bilankara Ramesh, S/o Lakshmana Rao.B., Aged about 33 years, Working as Accountant, Town Municipal Council, Kampli, Bellary District – 583 132.

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Sri. Manjunath.S.Salunke, S/o S.R.Salunke, Aged about 34 years, Working as Accountant, Town Panchayat, Kalaghatagi, Dharwad – 580 001.

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Smt. H.v.Vimala, W/o A P Shankar, Aged about 35 years, Working as Accountant, Pattana Panchayath, Arkalgud, Hassan District – 573 102.

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Sri. Harish.M., S/o Mahadeva, Aged about 28 years, Working as Accoutant, City Municipal corporation, Challakere, Chitradurga District – 577 522.

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Smt. Hemavathi Thimmanna Hadagundi, D/o Thimmanna Hadagundi,

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Aged about 35 yers, Working as Accountant, Town Municipal Corporaton, Gajendragad, Gadag, Dharwad – 582 101.

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Sri. Rudrappa Shivappa Chalavadi, S/o Shivappa Chalavadi, Aged about 39 years, Working as Accountant, Town Municipal Corporation, Naragund, Gadag Dharwad – 582 101.

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Smt. Archana Sadashiv Pujari, D/o Sadashiv, Aged about 32 years, Working as Accountant, Town Panchayath, Yellapur, Uttar Kannada District – 581 359.

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76 Smt. Jyothi Krishna Naik, W/o Srinicas Naik, Aged about 31 yars, Working as Accountant, Town Panchayath, Mundgod, Uttara Kannada District – 581 49.

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… Appellants

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(By Sri.Satish Bhat for Sri.M.S.Bhagwat, Advocate)

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AND:

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State of Karnataka, Department of Urban Development, Represented by its Principal Secretary, Vikasa Soudha, Banagalore – 560 001.

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Director of Municipal Administration,

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1-4, IT Park, VI Floor, Rajajinagar Industrial Estate, Bangalore – 560 044.

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Karnataka Public Service Commissioner, Represented by its Secretary, Udyoga Soudha, Bangalore – 560 001.

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The Deputy Commissioner, Davanagere District, Davanagere – 577 001.

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The Deputy Commissioner, Chamarajanagara District, Chamarajanagara – 571 440.

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The Deputy Commissioner, Tumkur District, Tumkur – 572 101.

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The Deputy Commissioner, Dakshina Kannada District, Dakshina Kannada – 574 217.

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8 The Commissioner, Mangalore City Corporation, Mangalore – 575 001.

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The Deputy Commissioner, Mandya District, Mandya – 571 401.

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The Deputy Commissioner, Kodagu District, Kodagu – 571 236.

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The Deputy Commissioner, Mysore District, Mysore – 570 001.

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The Deputy Commissioner,

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Chikkaballapaur District, Chikkaballapur – 561 207.

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The Deputy Commissioner, Hassan District, Hassan – 573 201.

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The Deputy Commissioner, Chitradurga District, Chitradurga – 577 527.

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15 The Deputy commissioner, Bagalkot District, Bagalkot – 587 101.

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The Deputy Commissioner, Belgaum District, Belgaum – 590 001.

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The Deputy Commissioner, Dharwad District, Dharwad – 580 001.

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The Deputy Commissioner, Gadag Distric, Gadag – 582 101.

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The Deputy Commissioner, Haveri District, Haveri – 581 110.

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The Deputy Commissioner, Uttar Kannada District, Uttar Kannada – 581 410.

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The Deputy Commissioner, Bellary District, Bellary – 583 101.

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The Deputy Commissioner,

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Koppal District, Koppal – 583 231.

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The Commissioner, Hubli City Corporation, Hubli – 580 020. … Respondents

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(By Smt. Vani.H, AGA for R-1, R-2,R-4 TO R-7 & R-9 TO R-22;

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Sri. Reuben Jacob, Advocate for R-3; Sri. I.G. Gachchinamath, Advocate for R-23; Sri. K.N.Nitish for Sri.K.V.Narasimhan, Advocate for R-8)

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This appeal is filed under Section 4 of the Karnataka High Court Act, praying to set aside the Judgment and Order dated 28/06/2019 passed by the learned Single Judge in Writ Petition Nos.3513935214/2017 and consequently allow the Writ Petitions filed by the appellants before the learned Single Judge.

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This appeal coming on for Preliminary Hearing this day, NAGARATHNA, J., delivered the following:

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JUDGMENT

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Though this appeal is listed for preliminary hearing,

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with the consent of learned counsel for the appellants,

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learned Additional Government Advocate appearing for respondent Nos.1, 2, 4 to 7 and 9 to 22, Sri.Reuben Jacob, learned counsel for respondent No.3 and learned

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counsel for respondent No.8, it is heard finally.

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The appellants/petitioners have questioned

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the correctness of the order dated 28.06.2019 passed by the learned Single Judge in WP.No.35139-35214/2017.

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In the said writ petitions the petitioners-the appellants herein had sought quashing of endorsement issued to each of the petitioners (Annexures – A, A1 to A75). The petitioners had also sought for a direction to the second respondent to regularize their services in the post of Accounting Consultants from their initial date of appointment and to extend the pay scale attached to the post of Accounts in the pay scale of Rs.16,000-29,600/in light of the decision passed in WP.Nos.4758747591/2012.

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By the impugned order, the learned Single Judge has dismissed the writ petitions by holding that the petitioners-the appellants herein, being contract appointees could not seek regularisation in their post. The direction was also issued to the State to avoid appointment on contract basis in future and to resort to

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regular recruitment to each of the contract posts in accordance the Rules of Recruitment governing the post and to comply with the constitutional provisions as per

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the decision of the Constitution Bench of the Hon’ble Supreme Court in the case of Secretary, State of

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Karnataka & Ors. Vs. Umadevi & Ors.(3), (2006) 4 SCC 1 (Para - 53) . Being aggrieved by the dismissal of the writ petitions, the appellants/petitioners have preferred this appeal.

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We have heard the learned counsel for the appellants and learned counsel for the respondents at length and perused the material on record.

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Briefly stated, the facts are, the State Government empowered the Deputy Commissioner to recruit the Accounting Consultants in the respective Municipalities/Corporation under Karnataka Municipal Reforms Project (KMRP) project for implementation of FBAS with qualification of graduation in B.Com vide order dated 14.02.2007. On 25.06.2007, the

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appellants/petitioners were appointed under the KMRP on temporary contract basis as Accounting Consultants. The said appointment was for a period of one year and purely on contract basis. Admittedly, the appellants/petitioners were continued from year to year and are presently in service, it is their case that even presently they are discharging their duties in the respective posts.

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When the matter stood thus and over a passage of time, the appellants/petitioners made endeavors to seek regularisation of their services, but ultimately they made the representation seeking for absorption or regularization of their services which were considered and an endorsements dated 29.06.2017 were issued which are as per Annexures - A and A1 to A75. Those endorsements itself stated that firstly, that appointment of the appellants/petitioners was purely on contract basis and secondly, that regular recruitment was under process. In the circumstances, the

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representation seeking regularisation through absorption was rejected by the respondent/State. Being aggrieved, the appellants/petitioners challenged the endorsements issued to them and sought for a writ of mandamus by directing the respondents to regularise their services. The learned Single Judge has however dismissed the writ petition. Hence, this appeal.

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We have heard learned counsel for the appellants and learned counsel for the respondents and learned Additional Government Advocate for respondent/State at length.

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During the course of submission, learned Additional Government Advocate has brought to our notice the fact that pursuant to the recruitment notification issued by the State and the Karnataka Public Service Commission/respondent No.3 forwarding the list of selected candidates as Accountants, the State has approved the said list and has issued the appointment orders. Learned Additional Government Advocate further

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contended that there is no merit in this appeal. Hence, by recruitment posts, which are presently occupied by the appellants herein have now been filled up. Therefore, the appellants/petitioners cannot seek regularisation in the very posts. It was submitted by learned Additional Government Advocate that the impugned order would not call for any interference.

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Although, learned counsel for the appellants strenuously contended that there have been instances where temporary appointees, daily wagers etc., have been regularly appointed but the same has not been applied in the instant case, it is not necessary for us to go into those instances cited by learned counsel for the appellants with reference to various judgments of this Court and also Hon’ble Supreme Court. This is for the reason that in the instant case, the recruitment process has been taken to its logical conclusion and appointment orders have been issued. In the circumstances, it is impermissible for this Court to even direct the State to

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apply paragraph 53 of Umadevi’s (3) case (stated supra) insofar as appellants are concerned. Though these appellants were appointed after following the requisite procedure and by following the roster but the fact remains that the appointments were on contract basis and initially for one year only. It may be that the appellants have been continued from year to year but, the facts remains that their appointments were on contract basis or on a temporary basis. Once the State has taken a decision to fill up the posts presently held by the appellants herein by a regular recruitment and the recruitment has also been taken to its logical end, it is impermissible for this Court when such a recruitment process being concluded, to direct the State to regularize the services of the appellant in the posts held by them.

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In the circumstances, we do not find any reason to interfere with the order of learned Single Judge.

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We can, however, issue a direction to the respondent/State and other concerned departments. Since the appellants herein have been appointed on contract basis, despite that since they are continued it year to year from 2007 onwards, in the event the posts held by all of them are not filled up by regular recruitment, then the State and its departments shall not terminate their services for the purpose of filling up of the said posts by another set of temporary employees or contract employees, ad hoc employees, casuals or daily wagers.

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Also, after the completion of the present recruitment, if vacancies still remain in the cadre of Accountant, if the appointment of the appellants herein on contract basis has been made after following the roster and on merit basis, the State could consider, whether, the conditions stipulated in the judgment of the Hon'ble Supreme Court in the Case of Umadevi (3) case (stated supra) ( paragraph No.53) would apply

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and if so, to consider their cases insofar as these appellants are concerned within a reasonable time.

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In view of disposal of the appeal, all pending applications stand disposed.

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Sd/JUDGE

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Sd/JUDGE

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KTY