The Court dismissed a writ petition seeking regularization of contractual service. Due to extreme delay and latches exceeding two decades, the petitioner's oral representations were insufficient to condone the untimely filing.
Writ petition dismissed on grounds of extreme delay and latches.
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NC: 2024:KHC-D:12383 WP No. 100657 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 29TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR. JUSTICE RAVI V.HOSMANI WRIT PETITION NO.100657 OF 2024 (S-REG)
BETWEEN:
ANIL S/O. PANDURANG KURNE, AGE: 46 YEARS, OCC: NIL, R/O: AT POST JODKURLI, TQ: CHIKKODI, DIST: BELAGAVI – 591 213.
…PETITIONER
(BY SRI GIRISH V. BHAT, ADVOCATE)
AND:
Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka
NC: 2024:KHC-D:12383 WP No. 100657 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR A DIRECTION OR AN APPROPRIATE ORDER IN THE NATURE OF CERTIORARI, QUASHING THE IMPUGNED REPLY BEARING NO. CHI/KANIEM(V) /SALE/ SI.SA(SAA)/ 2023-24/4255 DATED 25.07.2023 ISSUED BY THE 3RD RESPONDENT WITHOUT CONSIDERING REPRESENTATION OF THE PETITIONER IN THE CORRECT PERSPECTIVE VIDE ANNEXURE-F TO THE WRIT PETITION AND ETC.,
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
Challenging Endorsement dated 25.07.2023 issued by respondent no.3 at Annexure-G and seeking for writ of mandamus directing respondents to consider petitioner’s
NC: 2024:KHC-D:12383 WP No. 100657 of 2024
representation dated 12.07.2023 at Annexure-F, this writ petition is filed.
Secretary, Municipal Employee Union & Others reported in 2015 (12) SCC 775.
NC: 2024:KHC-D:12383 WP No. 100657 of 2024
counsel for respondents no.1 & 2 sought to oppose petition. It was, at outset, submitted, petitioner was engaged for fixed term on contractual basis between 1999 and 2001. It was submitted, petitioner had not worked continuously. In fact, duration of each term of employment was purely need based and contractual and only for a period of 2 months & 15 days as per requirement. It was submitted, petitioner was not employed thereafter. It was submitted, petition filed after a period of more than two decades was highly belated and liable to be dismissed. Even conditions in Annexure-A would prohibit any claim for regularization/absorption.
record.
worked for some time with respondents on contractual basis as per Annexure-A. On basis of said work though petitioner is seeking for regularization/absorption, petitioner has admittedly approached this Court after more than two decades. Therefore, writ petition would suffer from extreme case of delay and latches. Petitioner’s contention that he was submitting
representations, all the while, would not be sufficient to condone delay and latches.
Ordered accordingly.
SD/(RAVI V.HOSMANI) JUDGE
AV CT-ASC List No.: 1 Sl No.: 50
1 issue framed by the court
Whether a writ petition filed after more than two decades, challenging rejection of service regularization claims, should be condoned despite petitioner's submissions of oral representations?
Colour shows how this judgement treated each authority
Umrala Gram Panchayat v. The Secretary, Municipal Employee Union & OthersReferred¶30
Umrala Gram Panchayat v. The Secretary, Municipal Employee Union & Others reported in 2015 (12) SCC 775 · Who else cites this
Naresh Kumar v. Department of Atomic Energy & OthersExplained¶42
Naresh Kumar v. Department of Atomic Energy & Others reported in 2010 (7) SCC 525 · Who else cites this
1 provisions across 1 enactments
ANIL S/O. PANDURANG KURNE
KARNATAKA POWER TRANSMISSION CORPORATION LIMITED
THE EXECUTIVE ENGINEER (EL), O AND M DIVISION
HUBBALLI ELECTRICITY SUPPLY COMPANY LIMITED
THE SUPERINTENDING ENGINEER (ELE) HESCOM
THE ASSISTANT EXECUTIVE ENGINEER (ELE.) HESCOM
RAVI V.HOSMANI
As recorded by the court registry
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