Petitioner sought writ of mandamus for regularization of services after 25 years as an Attender. Court directed subordinate authority to consider representation under Umadevi judgment.
Direct respondent No.2 to consider petitioner's representation dated 3.3.2020 for regularization within three months.
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WP No. 146187 of 2020
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 13TH DAY OF OCTOBER, 2022
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 146187 OF 2020 (S-RES)
BETWEEN:
…PETITIONER
(BY SRI. LAXMAN T MANTAGANI AND SRI NAGARAJ J APPANANNAVAR, ADVOCATES)
AND:
WP No. 146187 of 2020
…RESPONDENTS (BY SRI V S KALASURMATH, HCGP FOR R1 & R2, R3 & R4 SERVED)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO REGULARIZE THE SERVICES OF THE PETITIONER AS AN ATTENDER, CONSIDERING THE LENGHT OF CONTINUOUS SERVICE FOR MORE THAN 25 YEARS AS AGAINST THE CLEAR SANCTIONED VACANT POST.
THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING IN `B’ GROUP THIS DAY, THE COURT PASSED THE FOLLOWING:
ORDER
This writ petition is filed for issuing a writ of mandamus directing the respondents to regularize the services of the petitioner as an Attender. The petitioner claims that he was appointed as Attender/Peon in the 3rd respondent – College on 12.8.1995 against the sanctioned vacant post. The petitioner having completed more than 25 years of service submitted a representation with the respondents to regularize his services in the light of the decision of the Hon’ble Supreme Court in the
WP No. 146187 of 2020
case of State of Karnataka –vs- Umadevi reported in (2006) 4 SCC 1.
Therefore, it is expedient to dispose of the writ petition directing the respondent No.2 to consider the representation dated 3.3.2020 submitted by the petitioner vide Annexure-E in the light of the decision of the Hon’ble Supreme Court in the case of State of Karnataka –vs- Umadevi reported in (2006) 4 SCC 1. and pass appropriate order in accordance with law
WP No. 146187 of 2020
within a period of three months from the date of receipt of certified copy of this order.
Sd/JUDGE
BKM
List No.: 1 Sl No.: 111
2 issues framed by the court
Whether the petitioner is entitled to regularization of services as an Attender after more than 25 years of service.
Whether the respondents should consider the petitioner's representation regarding regularization in light of the Umadevi judgment.
Colour shows how this judgement treated each authority
1 provisions across 1 enactments
Shivu Masti Mukri
The State of Karnataka
The Regional Joint Director for Collegiate Education
The Malnad Progressive Education Society
Hemant Chandangoloudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
