Allowed

Sri Chikkanna v. State of Karnataka

Karnataka HC7 Mar 2024WP/10632/2021

Case brief

AI extract

What is this about?

The High Court allowed petitions for regularization of 128 daily-wage employees. It held the University had autonomy to create posts and spend funds. The Court quashed the Government's refusal of consent and directed regularization, reversed the withdrawal of prior orders, and restored benefits.

What did the court decide?

Regularization of 128 employees directed effective 05.01.2019; quashing of Government refusal of consent; restoration of previous regularization orders for 17 other employees; University to bear all c

Sri Chikkanna Vs State of Karnataka — Pension and Retirement Benefits | Karnataka HC (2024)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 07^TH DAY OF MARCH, 2024

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BEFORE

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THE HON’BLE MR JUSTICE N S SANJAY GOWDA

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WRIT PETITION No.10632 OF 2021 (S-RES)

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C/W

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WRIT PETITION No.4553 OF 2022 (S-REG), WRIT PETITION No.27469 OF 2023 (S-RES), WRIT PETITION No.27478 OF 2023 (S-RES)

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IN W.P.No.10632/2021:

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BETWEEN:

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SRI.CHIKKANNA S/O RAMAYYA, AGED ABOUT 50 YEARS, OFFICE:UAS VC FARM, MANDYA-571 405.

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Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA

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SRI.H.C.SHANKARAIAH, S/O CHIKKAYYA, AGED AOBUT 44 YEARS, R/AT HULLAL GRAMA, MANDYA TALUK, MANDYA DISTRICT-571405.

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SMT.SHETTAHALLININGAMMA, W/O LATE SHETTAHALLITIMMAIAH, AGED AOBUT 51 YEARS, R/AT E, 8 SRS COLONY, ZARS V C FARM, MANDYA, DUDDA HOBLI, MANDYA TALUK & DISTRICT-574 105 OFFICE ZARS V C FARM,

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DUDDA HOBLI, MANDYA TALUK & DISTRICT-574 105.

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SRI.SHASHI, S/O SHEKARA, AGED ABOUT 38 YEARS, R/AT RRS QUATRES, MYSORE-571 435. OFFICE UNIVERSITY OF AGRICULTURAL SCIENCE NAGENAHALLI, MYSORE DISTRICT-571 405.

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SRI.BOMMAYYA, S/O PUTTAIAH, AGED ABOUT 55 YEAS, R/AT RRS QUATRES, MYSORE-571435 OFFICE UNIVERSITY OF AGRICULTURAL SCIENCE NAGENAHALLI, MYSORE DISTRICT.

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6 . SRI KRISHNA D K S/O KENCHAPPA, AGED ABOUT 50 YEARS, R/AT UAS VC FARM, MANDYA-571405.

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7 . SRI SHIVANNA S/O LATE GENDEBORAIAH, AGED ABOUT 47 YEARS, R/AT ARS COLONY, ZARS V C FARM, DUDDA HOBLI, MANDYA TALUK AND DISTRICT-571405 OFFICE ZARS VC FARM, DUDDA HOBLI, MANDYA TALUK AND DISTRICT-571405.

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8 . SMT MAHADEVAMMA S/O LATE SANMAIAH, AGED ABOUT 47 YEARS, R/AT DATC VC FARM, MANDYA TALUK AND DISTRICT-571405 OFFICE: DATA V C FARM, DUDDA HOBLI, MANDYA TALUK AND DISTRICT-571405.

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9 . SRI M S BILIGOWDA S/O LATE POSE SIDDAIAH, AGED ABOUT 58 YEARS, R/AT MALLANAYAKANA KATTE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT-571405 OFFICE ZARS V C FARM, DUDDA HOBLI, MANDYA TALUK AND DISTRICT-571405.

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10 . SMT SANNAMMA M S/O M S BILIGOWDA, AGED ABOUT 44 YEARS, R/AT MALLANAYAKANA KATTE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT-571405 OFFICE MALLANAYAKANAHALLI KATTE, DUDDA HOBLI,

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MANDYA TALUK AND DISTRICT-571405.

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11 . SRI C M BOVAIAH S/O MANCHAIAH, AGED ABOUT 54 YEARS, R/AT CHOKKANAHALLI, KERAGUDU HOBLI, MANDYA TALUK AND DISTRICT-571405 OFFICE CHOKKANAHALLI, KERAGUDU HOBLI, MANDYA TALUK AND DISTRICT-571405.

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12 . SRI VENKATESHA S/O SANNAIAH, AGED ABOUT 58 YEARS, R/AT GANADALU VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT-571405 OFFICE GANADALU VILLAGE, DUDDA HOBLLI, MANDYA TALUK AND DISTRICT-571405.

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13 . SRI BASAVARAJU

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S/O LATE PUTTACHANNAIAH, AGED ABOUT 51 YEARS, R/AT KADUKOTTANAHALLI, DODDAMULAGUDU POST,

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BANNUR HOBLI, T NARASIPURA TALUK, MYSORE DISTRICT-571405 OFFICE UNIVERSITY OF AGRICULTURAL SCIENCE V C FARM, MANDYA-571405.

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14 . SRI BHAGYA S/O LATE LINGAIAH, AGED ABOUT 51 YEARS, R/AT MALLANAYAKANA KATTE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT-571405 OFFICE ZARS VC FARM, DUDDA HOBLI, MANDYA TALUK AND DISTRICT-571405.

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15 . SRI NARAYANA S/O LATE MALLAIAH, AGED ABOUT 54 YEARS, R/AT K HONNALAGERE, MADDUR TALUK, MANDYA DISTRICT-571433 OFFICE ZARS V C FARM, DUDDA HOBLI, MANDYA TALUK AND DISTRICT-571405.

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16 . SRI GANADALU JAYALAKSHMI W/O VENKATESH, AGED ABOUT 47 YEARS, R/AT GANADALU VILLAGE, DUDDA HOBLI, MANDYA TOWN AND DIST-571405 OFFICE ZARS V C FARM, DUDDA HOBLI, MANDYA TALUK AND DISTRICT-571405.

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17 . SRI PRAKASH S/O LATE SANNEGOWDA,

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AGED ABOUT 48 YEARS, DUDDA HOBLI, MANDYA TALUK AND DISTRICT-571405 OFFICE ZARS V C FARM, DUDDA HOBLI, MANDYA TALUK AND DISTRICT-571405.

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18 . SRI CHIKKIRAMMA W/O SHIVANNA, AGED ABOUT 46 YEARS, R/AT SRS COLONY NO.E7, ZARS V C FARM, MANDYA TALUK AND DISTRICT-571405 OFFICE UAS V C FARM, MANDYA-571405.

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19 . SRI A SHIVANNA S/O MARIYAIAH, AGED ABOUT 52 YEARS, R/AT ZARS V C FARM, MANDYA TALUK AND DISTRICT-571405.

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20 . SRI NAGESH S/O CHAMIAH, AGED ABOUT 51 YEARS, R/AT ARS COLONY,

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VC FARM,

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MANDYA TALUK AND DISTRICT-571405 OFFICE KRISHI VIGNANA KENDRA, V C FARM,

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MANDYA TALUK AND DISTRICT-571405.

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21 . SRI. PUTTARAJU S/O. JOGAIAH, R/AT HULIKERE KOPPALU, DODDA HOBLI, MANDYA TALUK AND DISTRICT 571405, OFFICE - UNIVERSITY OF AGRICULTURAL SCIENCE, VC FARM, MANDYA TALUK AND DISTRICT 571405.

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22 . SRI. H SANNE GOWDA S/O. MADE GOWDA, R/AT SRS COLONY, NO. E7, ZARS V C FARM, MANDYA TALUK AND DISTRICT 571405, OFFICE ZARS, VC FARM, MANDYA TALUK AND DISTRICT 571405.

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23 . SMT. HEGGADAHAVI MAHADEVAMMA W/O. H. SANNE GOWDA, R/AT SRS COLONY, NO. E7, ZARS VC FARM, MANDYA TALUK AND DISTRICT 571405, OFFICE ZARS, VC FARM, MANDYA TALUK AND DISTRICT 571405.

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24 . SRI. SWAMY, S/O. MANJANNA, SINCE DECEASED

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24a. VISHALAKSHI(WIFE) AGED ABOUT 44 YEARS, R/AT:GANANGURU, SRIRANGAPATTANA TALUK, MANDYA-571807.

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24.b. MANOJ G.S.(SON) AGED ABOUT 25 YEARS, R/AT- 24/57, GROUND FLOOR, 2ND CROSS, MOHAMMED LAYOUT, BHOOPASANDRA, RMV 2ND STAGE, KARNATAKA-560094.

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24.c. SHILPA G.S (DAUGHTER) AGED ABOUT 27 YEARS, R/AT- 54, KARIYAPPANA DODDI, BIDADI, RAMANAGARA, KARNATAKA-562109.

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25 . SRI. KRISHNA S/O. SRINIVAS RAO,

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R/AT GANDALU, MANDYA TALUK AND DISTRICT 571405. OFFICE UAS, VC FARM, MANDYA TALUK AND DISTRICT 571405.

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26 . SRI. P M MAHADEVAYYA S/O. MADHAYYA, AGED ABOUT 55 YEARS, OFFICE UNIVERSITY OF AGRICULTURAL SCIENCE, PAVC FARM, MANDYA TALUK AND DISTRICT 571405.

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27 . SRI. AMMALLI PUTTASWAMY W/O. ERRAIAH, R/AT SRS COLONY, NO. E7, ZARS VC FARM, MANDYA TALUK AND DISTRICT 571405. OFFICE UNIVERSITY OF AGRICULTURAL SCIENCE, VC FARM, MANDYA TALUK AND DISTRICT 571405.

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28 . SRI. B N NINGAIAH S/O. MADAYYA, R/AT BETTAHALLI, NELREKERI POST, SRIRANGAPATTANA TALUK, MANDYA DISTRICT 571415, OFFICE ZARS, VC FARM, MANDYA TALUK AND DISTRICT 571405.

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29 . SMT. PUTTALAKSHMI S/O. SIDDAIAH, R/AT SRS COLONY, NO. E7, ZARS, VC FARM, MANDYA TALUK AND DISTRICT 571405 OFFICE ZARS VC FARM, MANDYA TALUK AND DISTRICT 571405.

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30 . SMT. UMA W/O. NINGARAJU, AGED ABOUT 47 YEARS, R/AT NO. 263, DUDDA HOBLI, GANDALU, MANDYA DISTRICT 571405. OFFICE UNIVERSITY OF AGRICULTURAL SCIENCE, VC FARM, MANDYA TALUK AND DISTRICT 571405.

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31 . SMT. GANDALU KEMALAMMA S/O. KEMPAIAYYA, R/AT GANDALU, VC FARM POST MANDYA TALUK AND DISTRICT 571405, OFFICE ZARS, VC FARM, MANDYA TALUK AND DISTRICT 571405.

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SMT.HOSAHALLISHIVAMMA, W/O BASAVARAJ AGED ABOUT 51 YEARS OFFICE ZARS V C FARM, MANDYA TALUK AND DISTRICT-571 405.

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SRI. CHANDRA, S/O. CHOWDAIAH, AGED ABOUT 50 YEARS, R/AT GANDALU, MANDYA DISTRICT 571405. OFFICE UAS VC FARM, MANDYA 571405.

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34 . SRI. CHANNAPPA, S/O. SANNAPPA, AGED ABOUT 46 YEARS, R/AT GANDALU, MANDYA DISTRICT 571405.

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35 . SMT. PREMA W/O. SIDDARAJU, AGED ABOUT51 YEARS, R/AT GANDALU, MANDYA DISTRICT 571405. OFFICE UNIVERSITY OF AGRICULTURAL SCIENCE, VC FARM, MANDYA TALUK AND DISTRICT.

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SRI. YOGESH S/O. PUTTAMADAIAH, R./AT SRS COLONY, NO. E7, ZARS V C FARM, MANDYA TALUK AND DISTRICT 571405, OFFICE ZARS, VC FARM, MANDYA TALUK AND DISTRICT 571405.

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37 . SRI.N SHIVASWAMY S/O. MALLIGOWDA, AGED ABOUT 44 YEARS, OFFICE ZARS, VC FARM,

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MANDYA TALUK AND DISTRICT 571405.

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…PETITIONERS

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(BY SRI.V.LAKSHMINARAYANA, SENIOR COUNSEL FOR SMT.ANUSHA.L., ADVOCATE)

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AND:

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1 . STATE OF KARNATAKA REP BY ITS SECRETARY, AGRICULTURAL AND HORTICULTURE DEPARTMENT, MS BUILDING, BENGALURU 560001.

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2 . THE SECRETARY GOVT OF KARNATAKA, DEPARTMENT OF ANIMAL HUSBANDRY AND FISHERIES, MS BUILDING, BENGALURU 560001.

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3 . THE REGISTRAR UNIVERSITY OF AGRICULTURAL SCIENCE, GKVK, BENGALURLU 560065.

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4 . THE REGISTRAR UNIVERSITY OF AGRICULTURAL SCIENCES, MANDYA.

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5 . THE KARNATAKA VETERINARY ANIMAL AND FISHERIES SCIENCE UNIVERSITY KVAFSU, MYSURU, REGISTRAR.

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6 . THE REGISTRAR ZARS, VC FARM, MYSORE 571405

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…RESPONDENTS

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(BY SMT.PRATHIBHA.R.K., AGA FOR R-1 & R-2; SRI.B.S.SACHIN, ADVOCATE FOR R-3, R-4 & R-6; SMT.VAISHALI HEGDE, ADVOCATE FOR R-5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT TO REGULARIZE THE SERVICE OF THE PETITIONERS ON COMPLETION OF 10 YEARS OF SERVICE NOT ONLY ON THE PRINCIPLE OF PARITY BUT BASED ON THE DECISIONS WHICH HAVE BEEN ACCEPTED BY THE RESPONDENT UNIVERSITY AND THE PETITIONERS CANNOT VE DISCRIMINATED IN THE MATTER OF ABSORPTION AND REGULARIZATION INCLUDING THE FIXATION OF PAY SCALE, ETC.

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IN W.P.No.4553/2022:

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BETWEEN:

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SMT.NAGAMMA, W/O NANJUNDECHAR, AGED ABOUT 48 YEARS, R/AT B.M.ROAD, HALADAHALLI GATE, MADENUR, HASSAN-573 225 W/A AGRICULTURAL RESEARCH STATION MADENUR, HASSAN-573 225.

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SMT.PADMA, W/O DODDEGOWDA, AGED BOUT 57 YEARS, R/AT SHANTIGRAMA HOBLI, RAGIMUDDANAHALLI, K.BYADRAHALLI, HASSAN-573220

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W/A COLLEGE OF AGRICULTURE, KARKERE

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HASAN-573225.

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SMT.NANJAMMA, W/O MANJEGOWDA, AGED ABOUT 48 YEARS, R/AT #102, NEAR KERE CHANNARAYAPATNA, SOMANATHANAHALLI, SAGATHAVALLI, CHANNARAYAPATNA, HASSAN-573116. W/A AGRICULTURAL RESEARCH STATION MADENUR, HASSAN-573225.

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SMT.LALITHA, W/O MANJEGOWDA, AGED ABOUT 48 YEARS, R/AT #9, SHANTHIGRAMA HOBLI, HADAHALLI, MADENUR, HASSAN-573225 W/A AGRICULTURAL RESEARCH STATION MADENUR, HASSAN-573225.

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SRI.KUMARA.H.K., S/O LATE KALASEGOWDA, AGED ABOUT 55 YEARS, R/AT SHANTHIGRAMA HOBLI, HADAHALLI, MADENUR, HASSAN-573 225. W/A AGRICULTURAL RESEARCH STATION MADENUR, HASSAN-573 225.

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…PETITIONERS

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(BY SRI.V.LAKSHMINARAYANA, SENIOR COUNSEL FOR SMT.ANUSHA.L., ADVOCATE)

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AND:

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STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY AGRICULTURE AND HORTICULTURE DEPARTMENT, M.S.BUILDING, BENGALURU-560 001.

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THE SECRETARY, GOVT. OF KARNATAKA, DEPARTMNET OF ANIMAL HUSBANDRY, AND FISHERIES, M.S.BUILDING, BENGALURU-560 001.

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THE REGISTRAR UNIVERSITY OF AGRICULTURAL SCIENCE GKVK, BENGALURU-560 065.

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THE REGISTRAR, UNIVERSITY OF AGRICULTURAL, SCIENCES, HASSAN-573 225.

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THE KARNATAKA VETERINARY, ANIMAL & FISHERIES SCIENCE UNIVERSITY, (KVAFSU), HASSAN, REGISTRAR-573 205.

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THE AGRICULTURAL RESEARCH STATION, REPRESENTED BY ITS DIRECTOR OF RESEARCH HASSAN-573 201.

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…RESPONDENTS

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(BY SMT. PRATHIBHA.R.K., AGA FOR R-1 & R-2; SRI.M.SREENIVASA, ADVOCATE FOR R-3 & R-4; SMT.VAISHALI HEGDE, ADVOCATE FOR R-5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT TO REGULARIZE THE SERVICE OF THE PETITIONERS ON COMPLETION OF 10 YEARS OF SERVICE NOT ONLY ON THE PRINCIPLE OF PARITY BUT BASED ON THE DECISIONS WHICH HAVE BEEN ACCEPTED BY THE RESPONDENT UNIVERSITY AND THE PETITIONERS CANNOT BE DISCRIMINATED IN THE MATTER OF ABSORPTION AND REGULARIZATION INCLUDING THE FIXATION OF PAY-SCALE, ETC.

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IN W.P. No.27469/2023:

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BETWEEN:

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SRI.NARAYANASWAMY.K.T., SON OF K.L.THAMMANNA GOWDA, AGED ABOUT 62 YEARS, WORKED AS FARM LABOUR (D-GROUP), DEPARTMENT OF FOOD SCIENCE AND NUTRITION, CAS, UNIVERSITY OF AGRICULTURAL SCIENCES, G.K.V.K., BANGALORE-560 065.

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SRI.ANANTHA, SON OF MUDDAPPA, AGED ABOUT 62 YEARS, WORKING AS FARM LABOURER, FARM OFFICE, ZARS, UNIVERSITY OF AGRICULTURAL SCIENCES, G.K.V.K., BANGALORE-560 065.

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SRI.H.S.NAGARAJU, SON OF LATE SUBBAIAH, AGED ABOUT 61 YEARS, WORKING IN UG BOYS HOSTEL UNVERSITY OF AGRICULTURAL SCIENCES, G.K.V.K, BANGALORE-560 065.

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…PETITIONERS

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(BY SRI.NANDA KUMAR., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY AGRICULTURE AND HORTICULTURE DEPARTMENT, M.S.BUILDING, 4^TH FLOOR, SACHIVALAYA, BENAGALURU-560 001.

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THE UNIVERSITY OF AGRICULTURAL SCIENCES, REPRESENTED BY ITS REGISTRAR, UAS, G.K.V.K., BANGALORE-560 065.

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THE ADMINISTRATIVE OFFICER SCIENCES, U.A.S., G.K.V.K, BANGALORE-560 065.

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…RESPONDENTS

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(BY SMT.PRATHIBHA.R.K, AGA FOR R-1; SRI.B.S.SACHIN, ADVOCATE FOR R-2 & R-3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ANNEXURE-A, DATED 29/11/2023, VIDE No.AO/LS/SD/C/N/V/2023-24, PASSED BY RESPONDENT No.3, ETC.

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IN W.P.No.27478/2023:

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BETWEEN:

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SMT.SUJATHA DEVI.R., WIFE OF SRI.SATEESHA, AGED ABOUT 58 YEARS, WORKING PRESENTLY AS FARM LABOUR (D-GROUP) DEPARTMENT OF AGRICULTURAL ECONOMICS, COLLEGE OF AGRICULTURE, G.K.V.K., BANGALORE-560 065.

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SRI.N.SRINIVASA, SON OF SRI.NANJUNDAPPA, AGED ABOUT 54 YEARS, WORKING PRESENTLY FARM LABOUR (D-GROUP), DEPARTMENT OF AGRONOMY, COLLEGE OF AGRICULTURE, UNIVERSITY OF AGRICULTURAL SCIENCES, G.K.V.K BANGALORE-560 065.

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SRI.S.RAJANNA, SON OF SIDDAIAH, AGED ABOUT 53 YEARS, WORKING PRESENTLY AS FARM LABOUR (D-GROUP) DEPARTMENT OF SERICULTURE, CAS, UNIVERSITY OF AGRICULTURAL SCIENCES, G.K.V.K., BANGALORE-560 065.

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SMT.VENKATALAKSHMAMMA, WIFE OF NARASIMAIAH, AGED ABOUT 58 YEARS, WORKING AS FARM LABOURER, DEPARTMENT OF GENETICS & PLANT BREEDING UNIVERSITY OF AGRICULTURAL SCIENCES, CAS, G.K.V.K., BANGALORE-560 065.

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SRI.RAJU.P @ PERUMAL, SON OF MUNISWAMAPPA, AGED ABOUT 55 YEARS, WORKING AS FARM LABOURER, DEPARTMENT OF BOTANICAL GARDEN, UNIVERSITY OF AGRICULTURAL SCIENCES, CAS, G.K.V.K., BANGALORE-560 065.

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SRI.L.NARAYANA SWAMY, SON OF LAKSHMAIAH, AGED ABOUT 58 YEARS, WORKING PRESENTLY AS FARM LABOUR, A.I.C.R.P. SMALL MILLETS, ZARS, UNIVERSITY OF AGRICULTURAL SCIENCES, UAS, G.K.V.K., BANGALORE-560 065.

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SRI.RAMEGOWDA.M SON OF MUNIVENKATAPPA, AGED ABOUT 58 YEARS, WORKING PRESENTLY FARM LABOUR, DEPARTMENT OF AGRIVULTURAL ENGINEERING, UNIVERSITY OF AGRICULTURAL SCEINECES, G.K.V.K., BANGALORE-560 065.

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SRI.T.G.SIDDARAJU, SON OF SRI.GOVINDAPPA, AGED ABOUT 51 YEARS, WORKING PRESENTLY FARM LABOUR, DEPARTMENT OF AGRICULTURAL MARKETING & ABM, UNIVERSITY OF AGRICULTURAL SCIENCES, COA, G.K.V.K., BANGALORE-560 065.

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SRI. BYLAPPA.B. SON OF SRI.HANUMANTHARAYAPPA, AGED ABOUT 59 YEARS, WORKING PRESENTLY FARM LABOUR, OFFICE OF THE CONTROLLER, UNIVERSITY OF AGRICULTURAL SCIENCES, G.K.V.K., BANGALORE-560 065.

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SMT.JAYAMMA, WIFE OF SRI.CHINNAPPA, AGED ABOUT 59 YEAS, WORKING AS FARM LABOURER, DEPARTMENT OF SERICULTURE, UNIVERSITY OF AGRICULTURAL SCIENCES, G.K.V.K., BANGALORE-560 065.

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SRI.HANUMANTHARAYA, SON OF SRI.NARASIMHAPPA,A AGED ABOUT 58 YEARS, WORKING PRESENTLY AS FARM LABOURER, HORTICULTURAL DEPARTMENT, UNIVERSITY OF AGRICULTURAL SCIENCES, G.K.V.K., BANGALORE-560 065.

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SMT.LAKSHMAMMA, WIFE OF SRI.JANA, AGED ABOUT 53 YEARS, WORKING AS FARM LABOURER, FARM OFFICE, ZARS, UNIVERSITY OF AGRICULTURAL SCIENCES, G.K.V.K., BANGALORE-560 065.

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SRI.M.N.PUTTASWAMY, SON OF LATE MALLAIAH, AGED ABOUT 58 YEARS, WORKING IN PG BOYS HOSTEL, UNIVERSITY OF AGRICULTURAL SCIENCES, G.K.V.K., BANGALORE-560 065.

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…PETITIONERS

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(BY B.L. NANDA KUMAR, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY AGRICULTURE AND HORTICULTURE DEPARTMENT, M.S.BUILDING, 4^TH FLOOR SACHIVALAYA, BENGALURU-560 001.

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THE UNIVERSITY OF AGRICULTURAL SCIENCES REPRESENTED BY ITS REGISTRAR, UAS, G.K.V.K., BANGALORE-560 065.

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THE ADMINISTRATIVE OFFICER SCIENCES, U.A.S., G.K.V.K., BANGALORE-560 065.

¶157

…RESPONDENTS

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(BY SMT.PRATHIBHA.R.K., AGA FOR R-1; SRI.B.S.SACHIN, ADVOCATE FOR R-2 & R-3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ANNEXURE-A, DATED 29.11.2023 VIDE No.AO/LS/SD/C/N/V/2023-24, PASSED BY THE R-3, ETC.

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THESE PETITIONS HAVING BEEN HEARD AND RESERVED FOR ORDERS, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioners in all these writ petitions are the employees of respondent—Institution, who had initially been appointed as daily-wagers and pursuant to the Karnataka Dailywage Employees Welfare Act, 2012 (hereinafter referred to as “ the 2012 Act ”), they were brought under its purview and have been working as dailywage employees, as envisaged under the 2012 Act, ever since.

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They are before this Court seeking a direction to the respondents to regularize their services on the principle of parity and they place reliance on the decisions rendered in K.P.Raju¹ and other cases narrated in their prayers.

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Since the facts involved and contentions advanced

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are the same, all these writ petitions are clubbed together and disposed of by this common order.

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1 K.P. Raju and Ors. v. State of Karnataka and Ors., W.P. Nos.13858-678 of 2000, disposed of on 31.03.2003.

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BRIEF FACTS :

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The petitioners had been admittedly appointed as daily-wage employees after 01.07.1984 and had completed ten years of service in the respondent— Institution and the petitioners have rendered service for periods ranging between fifteen to thirty years.

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In the light of the fact that regularization was permissible only in respect of employees who had been appointed after 01.07.1984 and who had completed ten years of service as on 10.04.2006, as per the judgment rendered by the Apex Court in Umadevi’s (3)² case, in respect of the other daily-wage employees who could not be regularised, the State Government of Karnataka enacted the 2012 Act with effect from 15.02.2013.

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This 2012 Act fundamentally sought to declare that the daily-wage employees (i.e., an employee engaged on daily-wages by the Government or by the local bodies who

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2 The Secretary, State of Karnataka and Ors. vs. Umadevi (3) and Ors., (2006) 4 SCC 1 : AIR 2006 SC 1806

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had worked and completed not less than ten years of service as on 10.04.2006 and who had been working as on 15.02.2013 i.e., the date on which the 2012 Act came into force) should be continued as daily wage employees till they attained the age of 60 years. The law obligated the State Government to notify the names of the eligible employees of all establishments for the purpose of continuing them till they attained 60 years, within a year from the date of commencement of the 2012 Act i.e., on or before 14.02.2014.

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In other words, notwithstanding the judgment rendered in Umadevi ’s case, which had permitted regularisation only once as an “ one-time measure ”, the Legislature sought to protect the interests of the employees who had been engaged on daily-wages and who had worked for more than ten years as on 10.04.2006, by continuing them as daily-wage employees and granting them substantial benefits.

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The 2012 Act, apart from continuing the daily-wage employees till they attained 60 years, also sought to confer some benefits on them, viz .,

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(i) Firstly, it declared that they would be paid the minimum of the time scale of pay of the post in which the daily-wage employees were continued;

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(ii) Secondly, they were also entitled for Dearness Allowance and House Rent Allowance;

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(iii) Thirdly, they were entitled to all General Holidays, Casual Leave of fifteen days and Earned leave of thirty days per year;

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(iv) Fourthly, they could be given an increase in pay at such intervals as the Government may determine; and

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(v) Lastly, they would also be entitled to terminal benefits or ex-gratia , as may be determined and notified by the Government.

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It may be pertinent to state here that the Rules framed under the 2012 Act stipulated that a daily-wage employee would be paid fifteen days’ salary for every completed year of service rendered, subject to a maximum of twelve months.

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Thus, the 2012 Act granted daily-wage employees a security of tenure and a reasonable extent of benefits, as compared to a regular Government servant.

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It is not in dispute that a total of 171 employees of the respondent—University, including the petitioners herein, who had worked for ten years as on 10.04.2006, were brought within the purview of the 2012 Act, by notifying their names in the Notification dated 20.12.2013. Thus, the petitioners, by virtue of the said Notification,

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became entitled to continue as daily-wage employees till they attained the age of 60 years and were, as a consequence, also entitled to the benefits conferred under the 2012 Act.

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On 05.01.2019, the University took up the issue of regularization of services of 128 Group ‘D’ employees who had been rendering services for fifteen to twenty years and who were all at the fag end of their careers and at the verge of retirement, the University proceeded to pass a Resolution in the following manner (Annexure ‘R7’ to the Objections in WP No.10632 of 2021) :

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“Item-37: PÀÈ¶ «±Àé«zÁå¤®AiÀÄ, ¨ÉAUÀ¼ÀÆgÀÄ-gÀ°è PÉ®¸À ¤ªÀð»¸ÀÄwÛgÀÄªÀ 128 ªÀÄA¢ ¢£ÀUÀÆ° £ËPÀgÀgÀÄUÀ¼À£ÀÄß r-zÀeÉð PÉëÃvÀæPÁ«ÄðPÀ (¸ÀASÁåjPÀÛ) ºÀÄzÉÝUÉ ¸ÀPÀæªÀÄUÉÆ½¸ÀÄªÀ PÀÄjvÀÄ.

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¸ÀzÀj PÁAiÀÄð¸ÀÆa LlA §UÉÎ ªÀiÁ£Àå PÀÄ®¥ÀwUÀ¼ÀÄ ªÀiÁvÀ£ÁqÀÄvÁÛ, F 128 ªÀÄA¢ r-UÀÆæ¥ï ¢£ÀUÀÆ° £ËPÀgÀgÀÄ PÀ¼ÉzÀ 15-20 ªÀµÀð¢AzÀ «±Àé«zÁå¤®AiÀÄzÀ°è PÉ®¸À ¤ªÀð»¸ÀÄwÛzÀÄÝ, §ºÀÄvÉÃPÀ ¤ªÀÈwÛAiÀÄ CAa£À°ègÀÄvÁÛgÉ. «±Àé«zÁå¤®AiÀÄªÀÅ £ÁåAiÀiÁ®AiÀÄzÀ

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wÃ¦ðUÉÆ¼À¥ÀlÄÖ FUÁUÀ¯ÉÃ ²æÃªÀÄw Dgï.¸ÀÄeÁvÁzÉÃ« ªÀÄvÀÄÛ EvÀgÀgÀ£ÀÄß ¸ÀPÀæªÀÄUÉÆ½¹gÀÄvÀÛzÉ. CzÉÃ jÃw, F 128 r-UÀÆæ¥ï ¢£ÀUÀÆ° £ËPÀgÀgÀ£ÀÄß ¸ÀPÀæªÀÄUÉÆ½¸ÀÄªÀÅzÀgÀ §UÉÎ ¸ÀzÀ¸ÀågÀ C©ü¥ÁæAiÀÄªÀ£ÀÄß PÉÆÃgÀ¯Á¬ÄvÀÄ.

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ºÀtPÁ¸ÀÄ E¯ÁSÉAiÀÄ ºÉZÀÄÑªÀj PÁAiÀÄðzÀ²ðUÀ¼ÀÄ ªÀiÁvÀ£ÁqÀÄvÁÛ, PÀ£ÁðlPÀ ¢£ÀUÀÆ° £ËPÀgÀgÀ PÉëÃªÀiÁ©üªÀÈ¢Ý C¢ü¤AiÀÄªÀÄ-2012gÀ eÁjAiÀÄ £ÀAvÀgÀ gÁdåzÀ ««zsÀ E¯ÁSÁ ¢£ÀUÀÆ° £ËPÀgÀgÀ ¸ÀPÀæªÀÄUÉÆ½¸ÀÄ«PÉUÉ ¤§ðAzsÀUÀ½gÀÄªÀÅzÀ£Àß «ªÀj¹zÀgÀÄ. AiÀiÁªÀ ¤§AzsÀ£ÉUÀ¼À DzsÁgÀzÀ ªÉÄÃ¯É F 128 ¢£ÀUÀÆ° £ËPÀgÀgÀ£ÀÄß ¸ÀPÀæªÀÄUÉÆ½¸ÀÄªÀÅzÀPÉÌ ¥Àæ¸ÁÛªÀ£É ¤ÃqÀÄwÛÃgÉAzÀÄ PÉÃ½zÀgÀÄ.

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£ÀAvÀgÀ CzsÀåPÀëgÀÄ ªÀiÁvÀ£ÁqÀÄvÁÛ, EªÀgÀÄUÀ¼À£ÀÄß FUÁUÀ¯ÉÃ ¢£ÀUÀÆ° £ËPÀgÀgÀ PÉëÃªÀiÁ©üªÀÈ¢Ý C¢ü¤AiÀÄªÀÄ-2012gÀ£ÀéAiÀÄ PÀÈ¶ «±Àé«zÁå¤®AiÀÄzÀ°è SÁAiÀÄA DV ªÀÄÄAzÀÄªÀgÉ¸À¯ÁVzÀÝgÀÆ ²æÃªÀÄw Dgï.¸ÀÄeÁvÀzÉÃ« ºÁUÀÆ EvÀgÀgÀ£ÀÄß ¸ÀPÀæªÀÄUÉÆ½¹zÀAvÉ vÀªÀÄä£ÀÆß ¸ÀºÁ ¸ÀPÀæªÀÄUÉÆ½¸À®Ä ¨ÉÃrPÉ EnÖgÀÄªÀÅzÀÄ £ÁåAiÀÄ¸ÀªÀÄävÀªÁVzÉ. C®èzÉÃ, ¸ÀzÀj 128 ªÀÄA¢ ¢£ÀUÀÆ° £ËPÀgÀgÀ°è §ºÀ¼ÀµÀÄÖ ªÀÄA¢ ¤ªÀÈwÛ CAa£À°ègÀÄªÀÅzÀjAzÀ EªÀgÀ£ÀÄß ¸ÀPÀæªÀÄUÉÆ½¹zÀgÉ DUÀÄªÀ DyðPÀ ªÉZÀÑªÀÅ PÀrªÉÄ EgÀÄvÀÛzÉ. F ºÉZÀÄÑªÀj ªÉZÀÑªÀ£ÀÄß «±Àé«zsÁå¤®AiÀÄªÀÅ DAvÀjPÀ ¸ÀA¥À£ÀÆä®UÀ½AzÀ

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¨sÀj¹PÉÆAqÀÄ CªÀgÀ£ÀÄß £ÀÆvÀ£À ¦AZÀtÂ AiÉÆÃd£É (J£ï.¦.J¸ï.)AiÀÄ°è ¸ÉÃj¹PÉÆ¼ÀÄîªÀÅzÀjAzÀ ¸ÀPÁðgÀPÁÌUÀ°Ã CxÀªÁ «±Àé«zÁå¤®AiÀÄPÁÌUÀ°Ã AiÀiÁªÀÅzÉÃ ºÉaÑ£À ºÉÆgÉAiÀiÁUÀÄªÀÅ¢®è. MmÁÖgÉ ªÁ¶ðPÀ ºÉZÀÄÑªÀj ªÉZÀÑ gÀÆ.82.00 ®PÀëUÀ¼ÁzÀgÀÆ ¥ÀæwÃ ªÀµÀð §ºÀ¼ÀµÀÄÖ ¢£ÀUÀÆ° £ËPÀgÀgÀÄ ¤ªÀÈwÛ ºÉÆAzÀÄwÛgÀÄªÀÅzÀjAzÀ ªÁ¶ðPÀªÁV DyðPÀ ºÉÆgÉ PÀrªÉÄAiÀiÁUÀÄvÁÛ ºÉÆÃUÀÄvÀÛzÉ. «±Àé«zÁå¤®AiÀÄªÀÅ FUÁUÀ¯ÉÃ ¹§âA¢ PÉÆgÀvÉ¬ÄAzÀ §ºÀ¼ÀµÀÄÖ C£Á£ÀÄPÀÆ®UÀ¼À£ÀÄß JzÀÄj¸ÀÄwÛzÉ. C®èzÉÃ, r-UÀÆæ¥ï ºÀÄzÉÝUÀ½UÉ ºÉÆgÀUÀÄwÛUÉ DzsÁgÀzÀ°è £ÉÃ«Ä¹PÉÆ¼Àî®Ä ¸ÀPÁðgÀzÀ DzÉÃ±À«gÀÄªÀÅzÀjAzÀ E£ÀÄß ªÀÄÄAzÉ SÁAiÀÄA (r-UÀÆæ¥À) £ÉÃªÀÄPÁwAiÀÄÄ «±Àé«zÁå¤®AiÀÄzÀ°è EgÀÄªÀÅ¢®è. PÀÈ¶ «±Àé«zÁå¤®AiÀÄzÀ°è ¢ÃWÀð PÁ®¢AzÀ ¢£ÀUÀÆ° £ËPÀgÀgÁV ¸ÉÃªÉ ¸À°è¸ÀÄwÛgÀÄªÀ F 128 ¢£ÀUÀÆ° £ËPÀgÀgÀ£ÀÄß MAzÀÄ ¨ÁjUÉ «±ÉÃµÀ ¥ÀæPÀgÀtªÉAzÀÄ ¥ÀjUÀtÂ¹ ¸ÀPÀæªÀÄUÉÆ½¸À®Ä C£ÀÄªÀÄw ¤ÃqÀ¨ÉÃPÉAzÀÄ ªÀiÁ£Àå PÀÄ®¥ÀwUÀ¼ÀÄ ¸À¨sÉUÉ PÉÆÃjzÀgÀÄ.

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PÀÄ®¥ÀwAiÀÄªÀgÀ C©ü¥ÁæAiÀÄPÉÌ EvÀgÉ ¸ÀzÀ¸ÀågÀÄ vÀªÀÄä ¸ÀªÀÄäwAiÀÄ£ÀÄß ¸ÀÆa¹, CzÉÃ C©ü¥ÁæAiÀÄªÀ£ÀÄß

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ªÀåPÀÛ¥Àr¹zÀgÀÄ. ªÀåªÀ¸ÁÜ¥À£Á ªÀÄAqÀ½AiÀÄÄ ¸ÀÄ¢üÃWÀðªÁV ZÀZÉðAiÀÄ £ÀAvÀgÀ «±Àé«zÁå¤®AiÀÄzÀ°è PÉ®¸À ¤ªÀð»¸ÀÄwÛgÀÄªÀ (PÁAiÀÄð¸ÀÆa LlA£À°è ªÀÄAr¹zÀ) 128 ªÀÄA¢ ¢£ÀUÀÆ° £ËPÀgÀgÀÄß r-zÀeÉð PÉëÃvÀæPÁ«ÄPÀ (¸ À ASÁåjPÀÛ) ºÀÄzÉÝUÉ «±Àé«zÁå¤®AiÀÄzÀ DAvÀjPÀ

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¸ÀA¥À£ÀÆä®UÀ¼À£ÀÄß §¼À¹PÉÆAqÀÄ MAzÀÄ ¨ÁjUÉ «±ÉÃµÀ ¥ÀæPÀgÀtªÉAzÀÄ ¥ÀjUÀtÂ¹ ¸ÀPÀæªÀÄUÉÆ½¸À®Ä wÃªÀiÁð¤¸À¯Á¬ÄvÀÄ ªÀÄvÀÄÛ EªÀgÀÄUÀ¼À£ÀÄß £ÀÆvÀ£À ¦AZÀtÂ AiÉÆÃd£ÉAiÀÄrAiÀÄ°è ¸ÉÃj¹PÉÆ¼ÀÄîªÀAvÉ ¸ÀÆa¸À¯Á¬ÄvÀÄ (Action: Comptroller/

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Administrative Officer).”

¶210

It may be pertinent to state here that on 31.03.2003, a Division Bench of this Court in W.P. Nos.13858-867 of 2000, dealing with a writ petition filed by one K.P.Raju and nine others held that anyone who had been employed continuously for more than ten years of service on daily-wages, should be considered for regularization, provided there was no fraud or misrepresentation on the part of the daily-wage employee in securing or continuing his daily-wage employment and he possessed the prescribed qualifications.

¶211

The Division Bench, taking into consideration the fact that the petitioners therein had put in more than ten years of service, directed it to consider the case of the petitioners therein for regularization.

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Pursuant to the said order, the University passed an order on 13.08.2009 (Annexure ‘F’ to WP No.10632 of 2021) , regularizing the services of K.P.Raju and seven others.

¶215

On 23.10.2008, the claim of Sujatha Devi R. and others for regularization was rejected by the University and this led to the filing of W.P. Nos.1164-78 of 2012 (SRes).

¶216

This Court by an order dated 20.04.2012 (Annexure ‘R11’ to the Objections in WP No.10632 of 2021) directed the University to consider their case for regularization without reference to the impugned endorsement dated 23.10.2008, which had rejected their claim for regularization.

¶217

Complaining that said order was not complied with, a contempt petition in CCC Nos.2694-2708 of 2013 was filed and during the pendency of that proceeding, the University submitted a modified order of regularization by which the services of Sujatha Devi and others were regularised. As

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a consequence of this order, the contempt proceedings were closed 22.06.2014.

¶220

Thereafter, in the year 2015, the State Government filed a review petition, requesting this Court to review the order that had been passed in W.P. Nos.1164-78 of 2012 in favour of Sujatha Devi and others. However, by an order dated 02.02.2016, this Court rejected the review petition. Thus, in respect of Sujatha Devi and others, the attempt of the State to reverse the order of regularisation made in their favour was negatived and this order has also attained finality.

¶221

On 13.04.2017, the University in its 372^nd meeting resolved to seek legal opinion regarding the matter of regularisation. It, thereafter, formed a Committee to look into the demands and the Committee, in turn, recommended the regularization of Sujatha Devi and others on humanitarian grounds.

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On 05.12.2017, in its 376^th meeting, the University resolved to allow the Registrar to take appropriate decision in the said matter and accordingly, on 20.01.2018, the University proceeded to pass an order regularizing the services of Sujatha Devi and others.

¶224

Thus, in respect of twenty-five daily-wage employees (Sujatha Devi & 14 others; H.S.Nagaraju and another—petitioners in WP Nos.26310-311 of 2012; and K.P.Raju and 7 others) who were also amongst the 171 employees notified under the 2012 Act, the University regularised their services.

¶225

On 05.01.2019, the University, in its 379^th Board Meeting, took up the issue of regularizing the services of 128 Group 'D' employees working as daily-wagers for the past fifteen to twenty years and most of them were on the verge of retirement. The University took note of the fact that R.Sujatha Devi and 14 others had already been regularized, and it was also necessary that remaining 128

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daily-wage employees were also required to be regularised.

¶228

As could be seen from the aforesaid Resolution dated 05.01.2019 ( supra ), the University had resolved to regularize the services of 128 Group 'D' employees to maintain in pari materia relation to the regularization that it had already granted to Sujatha Devi and others.

¶229

It may also be vitally important to notice here that the University was prepared to bear the entire financial burden of regularizing 128 Group 'D' employees by treating it as a special case, and that it would not pass on the burden to the State Government.

¶230

However, within about thirteen days, the Government proceeded to pass an order on 18.02.2019 directing the University to keep the Resolution dated 05.01.2019 in abeyance. The Government wanted to know under which provision the 128 employees were to be regularised and it communicated the same to the

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University in the following terms (Annexure ‘R8’ to the

¶234

Objections in WP No.10632 of 2021) :

¶235

" ¢£ÁAPÀ: 18.02.2019

¶236

x x x ªÉÄÃ®ÌAqÀ «µÀAiÀÄ ºÁUÀÆ G¯ÉèÃRPÉÌ ¸ÀA§A¢ü¹zÀAvÉ, ¨ÉAUÀ¼ÀÆgÀÄ PÀÈ¶ «±Àé«zÁå®AiÀÄzÀ 379£ÉAiÀÄ ªÀåªÀ¸ÁÜ¥À£Á ªÀÄAqÀ½AiÀÄ £ÀqÀªÀ½AiÀÄ°è ¸À¨sÉAiÀÄ LlA 37gÀ°è ¨ÉAUÀ¼ÀÆgÀÄ PÀÈ¶ «±Àé«zÁå®AiÀÄzÀ°è PÉ®¸À ¤ªÀð»¸ÀÄwÛgÀÄªÀ 128 ªÀÄA¢ ¢£ÀUÀÆ° £ËPÀgÀgÀÄUÀ¼À£ÀÄß r-zÀeÉð PÉëÃvÀæ PÁ«ÄðPÀ (±ÀASÁåjPÀÛ) ºÀÄzÉÝUÉ AiÀiÁªÀ ¤AiÀÄªÀÄUÀ¼À£ÀÄß C£ÀÄ¸Àj¹, ¸ÀPÀæªÀÄUÉÆ½¯ÁVgÀÄvÀÛzÉ ºÁUÀÆ PÀ£ÁðlPÀ ¢£ÀUÀÆ° £ËPÀgÀgÀ PÉëÃªÀÄ©üªÀÈ¢Þ ¤AiÀÄªÀÄUÀ¼À£ÀÄß ¥Á°¸ÀzÉÃ E®èzÀ ¥ÀPÀëzÀ°è, ¸ÀzÀj £ÀqÀªÀ½AiÀÄ LlA £ÀA.37gÀ°è vÉUÉzÀÄPÉÆ¼Àî¯ÁVgÀÄªÀ ¤tðAiÀÄªÀ£ÀÄß vÀqÉ»rAiÀÄÄªÀAvÉ vÀªÀÄä£ÀÄß PÉÆÃgÀ®Ä ¤zÉÃð²¸À®¥ÀnÖzÉÝÃ£É."

¶237

On 04.06.2019, the matter of regularization of 128 employees was once again taken up by the University.

¶238

The Board of Management observed that its earlier Resolution dated 05.01.2019 had been withheld, yet all the Members of the Board insisted that the matter may be once again discussed with the Secretary of the

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Government, Department of Agriculture, Government of Karnataka and necessary consent was required to be obtained to absorb these 128 daily-wage employees. Thus, for the second time, the University had resolved that the 128 daily-wage employees were required to be regularized.

¶242

On 04.10.2019, the Board, once again passed a Resolution and pursuant to the said Resolution, a letter was addressed to the Principal Secretary in the following terms (Annexure ‘R9’ to the Objections in WP No.10632 of 2021) :

¶243

"PÀÈ¶ «±Àé«zÁå¤®AiÀÄ, ¨ÉAUÀ¼ÀÆgÀÄ CqÀ½vÁ¢üPÁjUÀ¼À PÀbÉÃj, UÁA¢ü PÀÈ¶ «eÁÕ£À PÉÃAzÀæ, ¨ÉAUÀ¼ÀÆgÀÄ-560 065.

¶244

¢£ÁAPÀ:30.10.2019

¶245

¸ÀASÉå:PÀÈ««¨ÉA/DPÀ/¸Á«-1/128 ¢£ÀUÀÆ° £ËPÀgÀgÀÄ/2019-20

¶246

EªÀjUÉÀ, ¸ÀPÁðgÀzÀ PÁAiÀÄðzÀ²ðUÀ¼ÀÄ, PÀÈ¶ E¯ÁSÉ, PÀ£ÁðlPÀ ¸ÀPÁðgÀzÀ ¸ÀaªÁ®AiÀÄ, §ºÀÄªÀÄºÀrUÀ¼À PÀlÖqÀ, ¨ÉAUÀ¼ÀÆgÀÄ-560 001.

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ªÀiÁ£ÀågÉÃ,

¶248

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¶250

«µÀAiÀÄ: 128 ªÀÄA¢ ¢£ÀUÀÆ° £ËPÀgÀgÀ£ÀÄß ¸ÀPÀæªÀÄ UÉÆ½¸ÀÄªÀ PÀÄjvÀÄ

¶251

G¯ÉèÃR: 1. PÀÈ¶ «±Àé«zÁå¤®AiÀÄzÀ ¢£ÁAPÀ 05.01.2019 IÄAzÀÄ £ÀqÉzÀ 379£ÉÃ ªÀåªÀ¸ÁÜ¥À£Á ªÀÄAqÀ½AiÀÄ £ÀqÁªÀ½UÀ¼ÀÄ.

¶252

¸ÀPÁðgÀzÀ ¥ÀvÀæ ¸ÀASÉå: PÀÈE 16 PÀÈ«¨É 2018 ¢£ÁAPÀ:18.02.2019.

¶253

PÀÈ¶ «±Àé«zÁå¤®AiÀÄzÀ ¢£ÁAPÀ 04.10.2019 gÀAzÀÄ £ÀqÉzÀ 381£ÉÃ ªÀåªÀ¸ÁÜ¥À£Á ªÀÄAqÀ½AiÀÄ ¤zsÁðgÀ

¶254

PÀÄ®¥ÀwUÀ¼ÀÄ, PÀÈ««, ¨ÉAUÀ¼ÀÆgÀÄ – gÀªÀgÀ C£ÀÄªÉÆÃzÀ£É ¢£ÁAPÀ 30.10.2019.

¶255

¶256

ªÉÄÃ®ÌAqÀ «µÀAiÀÄPÉÌ ¸ÀA§A¢ü¹zÀAvÉ, PÀÈ¶

¶257

«±Àé«zÁå¤®AiÀÄ, ¨ÉAUÀ¼ÀÆgÀÄ PÁAiÀÄð¤ªÀð»¸ÀÄwÛgÀÄªÀ 128 ªÀÄA¢ ¢£ÀUÀÆ° £ËPÀgÀgÀ£ÀÄß ¸ÀPÀæªÀÄUÉÆ½¸À®Ä G¯ÉèÃR(1)gÀ£ÀéAiÀÄ DqÀ½vÀ ªÀÄAqÀ½ vÉUÉzÀÄPÉÆAqÀ ¤zsÁðgÀªÀ£ÀÄß G¯ÉèÃR-2gÀ£ÀéAiÀÄ vÀqÉ»rAiÀÄ¯ÁVvÀÄÛ.

¶258

¢£UÀÆ° £ËPÀgÀjUÉ FUÁUÀ¯ÉÃ PÀ£ÁðlPÀ ¢£ÀUÀÆ° £ËPÀgÀgÀ PÉëÃªÀiÁ©üªÀÈ¢Þ C¢ü¤AiÀÄªÀÄ 2012 gÀ£ÀéAiÀÄ ªÀÄÆ®ªÉÃvÀ£À (±ÉÃPÀqÁ 100 gÀµÀÄÖ) ªÀÄvÀÄÛ vÀÄnÖ¨sÀvÉå, ªÀÄ£É¨ÁrUÉ ¨sÀvÉåAiÀÄ£ÀÄß (±ÉÃPÀqÁ 75 gÀµÀÄÖ) ¤ÃqÀ¯ÁUÀÄwÛzÉ. PÀ¼ÉzÀ 2-30ªÀµÀðUÀ½AzÀ 128 ªÀÄA¢ ¢£ÀUÀÆ° £ËPÀgÀgÀÄ PÀÈ¶ «±Àé«zÁå¤®AiÀÄ, ¨ÉAUÀ¼ÀÆj£À°è PÉ®¸À ¤ªÀð»¸ÀÄwÛzÀÄÝ PÉ®ªÀÅ ªÀÄA¢ ¤ªÀÈwÛAiÀÄ£ÀÄß ºÉÆA¢zÀÄÝ ªÀÄvÀÄÛ PÉ®ªÀgÀÄ ¤ªÀÈwÛAiÀÄ CAa£À°èzÀÄÝ, EªÀgÀ£ÀÄß ¸ÀPÀæªÀÄUÉÆ½¸À®Ä PÀrªÉÄ ªÉZÀÑªÁzÀ G½zÀ ±ÉÃPÀqÁ 25gÀµÀÄÖ (vÀÄnÖ¨sÀvÉå, ªÀÄ£É¨ÁrUÉ ¨sÀvÉå)£ÀÄß PÀÈ¶

¶259

34 -

¶260

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¶261

«±Àé«zÁå¤®AiÀÄzÀ DAvÀjPÀ DzÁAiÀÄ¢AzÀ ¨sÀj¹PÉÆ¼ÀÄîªÀÅzÁV ªÀåªÀ¸ÁÜ¥À£Á ªÀÄAqÀ½AiÀÄ°è ZÀZÉðAiÀiÁVgÀÄvÀÛzÉ. EzÀjAzÁV, ¸ÀPÁðgÀPÉÌ AiÀiÁªÀÅzÉÃ jÃwAiÀÄ ºÉÆgÉAiÀiÁUÀÄªÀÅ¢®è ºÁUÀÆ EªÀgÀÄ 2006gÀ J£ï.¦.J¸ï(ºÉÆ¸À ¦AZÀtÂ AiÉÆÃd£É) Cr M¼À¥ÀqÀÄªÀÅzÀjAzÀ, ªÉÄÃ°£À G¯ÉèÃR-2£ÀÄß ¸ÉE°¹ ¸ÀzÀj ¥ÀæPÀgÀtªÀ£ÀÄß «±ÉÃµÀ ¥ÀæPÀgÀtªÉAzÀÄ ¥ÀjUÀtÂ¹ D 128 ªÀÄA¢ ¢£ÀUÀÆ° £ËPÀgÀgÀ£ÀÄß ¸ÀPÀæªÀÄUÉÆ½¸À®Ä C£ÀÄªÀÄw ¤ÃqÀ¨ÉÃPÉAzÀÄ PÉÆÃgÀ®Ä £Á£ÀÄ ¤zÉðÃ²vÀ£ÁVzÉÝÃ£É.

¶262

ªÀAzÀ£ÉUÀ¼ÉÆA¢UÉ, vÀªÀÄä «±Áé¹, ¸À»/DqÀ½vÁ¢üPÁjUÀ¼ÀÄ."

¶263

As could be seen from the above Resolution, the Board once again re-iterated in categorical terms that the regularization of 128 Group 'D' employees would cast no financial burden on the State Government, and therefore, it would be appropriate for the Government to relax its decision dated 18.02.2019 (by which it had directed the Resolution dated 05.01.2019 to be kept in abeyance) and treat this as a special case and grant its consent.

¶264

Thus, it was once again highlighted by the University that the regularisation of the petitioners would in no way affect the State Government financially and the State

¶265

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¶266

Government ought to permit the University to regularize the services of 128 daily-wage employees.

¶267

In response to this communication dated 30.10.2019, the State Government addressed a letter dated 14.02.2020, by which the University was asked to submit regarding the compliance of four conditions indicated in the Government Circular dated 13.11.2006 and submit a report along with an appropriate proposal and documents to the Government.

¶268

In response to the said communication, the University responded by its letter dated 03.03.2020 in the following terms (Annexure ‘R10’ to the Objections in WP No.10632 of 2021) :

¶269

"PÀÈ¶ «±Àé«zÁå¤®AiÀÄ, ¨ÉAUÀ¼ÀÆgÀÄ PÀÄ®¸ÀaªÀgÀ PÀbÉÃj, UÁA¢ü PÀÈ¶ «eÁÕ£À PÉÃAzÀæ, ¨ÉAUÀ¼ÀÆgÀÄ-560 065.

¶270

¢£ÁAPÀ:03.03.2020

¶271

¸ÀASÉå:PÀÈ««¨ÉA/DPÀ/¸Á«-1/128 ¢£ÀUÀÆ° £ËPÀgÀgÀÄ/201920

¶272

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¶273

36 -

¶274

EªÀjUÉÀ,

¶275

¸ÀPÁðgÀzÀ PÁAiÀÄðzÀ²ðUÀ¼ÀÄ, PÀÈ¶ E¯ÁSÉ, PÀ£ÁðlPÀ ¸ÀPÁðgÀzÀ ¸ÀaªÁ®AiÀÄ, §ºÀÄªÀÄºÀrUÀ¼À PÀlÖqÀ, ¨ÉAUÀ¼ÀÆgÀÄ-560 001.

¶276

ªÀiÁ£ÀågÉÃ,

¶277

«µÀAiÀÄ: ¨ÉAUÀ¼ÀÆgÀÄ PÀÈ¶ «±Àé«zÁå®AiÀÄzÀ°è PÁAiÀÄð ¤ªÀð»¸ÀÄwÛgÀÄªÀ 128 ªÀÄA¢ ¢£ÀUÀÆ° £ËPÀgÀgÀ£ÀÄß ¸ÀPÀæªÀÄUÉÆ½¸À®Ä PÉÆÃjgÀÄªÀ §UÉÎ.

¶278

G¯ÉèÃR: 1 ¥ÀvÀæ ¸ÀASÉå: PÀÈ««¨ÉA/DPÀ/¸Á«-1/128 ¢£ÀUÀÆ° £ËPÀgÀgÀÄ/2019-20, ¢£ÁAPÀ:30.10.2019.

¶279

2 ¸ÀPÁðgÀzÀ ¥ÀvÀæ ¸ÀASÉå: PÀÈE 19 PÀÈ«¨É 2019 ¢£ÁAPÀ:14.02.2020.

¶280

¸ÀPÁðgÀzÀ ¸ÀÄvÉÆÛÃ¯É ¸ÀASÉå:¹D¸ÀÄE 25 ¸ÉÃ¸ÁÜ 2003 (¨sÁ), ¢£ÁAPÀ:13.11.2006.

¶281

PÀÄ®¥ÀwUÀ¼À C£ÀÄªÉÆÃzÀ£É ¢£ÁAPÀ 03.03.2020.

¶282

¶283

ªÉÄÃ®ÌAqÀ «µÀAiÀÄPÉÌ ¸ÀA§A¢ü¹zÀAvÉ, ¨ÉAUÀ¼ÀÆgÀÄ PÀÈ¶ «±Àé«zÁå¤AiÀÄzÀ°è, PÁAiÀÄð¤ªÀð»¸ÀÄwÛgÀÄªÀ 128 ªÀÄA¢ ¢£ÀUÀÆ° £ËPÀgÀgÀ£ÀÄß ¸ÀPÀæªÀÄUÉÆ½¸À®Ä G¯ÉèÃR-(1)gÀ ¥Àæ¸ÁÛªÀ£ÉAiÀÄ£ÀÄß G¯ÉèÃR(2)gÀ ¥ÀvÀæzÀ£ÀéAiÀÄ G¯ÉèÃR(3)gÀ ¸ÀÄvÉÆÛÃ¯ÉAiÀÄ£ÀÄß ¥Àj²Ã°¹, ¢£ÀUÀÆ° £ËPÀgÀgÀ£ÀÄß ¸ÀPÀæªÀÄUÉÆ½¸À®Ä ¥ÀgÀUÀtÂ¸ÀÄªÀ PÁAiÀÄðPÉÌ ¸ÀA§A¢ü¹zÀAvÉ ¤UÀ¢¥Àr¹gÀÄªÀ £Á®ÄÌ µÀgÀvÀÄÛUÀ½UÉ F PÉ¼ÀPÀAqÀAvÉ ªÀiÁ»w ¤ÃqÀ¯ÁVzÉ.

¶284

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¶285

37 -

¶286

¢£ÀUÀÆ° £ËPÀgÀgÀÄ/PÀÈ¶ PÁ«ÄðPÀgÀ£ÀÄß ªÀÄAdÆgÁzÀ SÁ° ºÀÄzÉÝAiÀÄ°è £ÉÃ«Ä¹gÀÄªÀÅ¢®è.

¶287

DzÀgÉ, EªÀgÀÄUÀ¼À£ÀÄß £ÉÃªÀÄPÀ ªÀiÁrPÉÆ¼ÀÄîªÁUÀ CªÀgÀ «zÁåºÀðvÉUÉ C£ÀÄUÀÄtªÁV £ÉÃªÀÄPÀ ªÀiÁrPÉÆ¼Àî¯ÁVgÀÄvÀÛzÉ,

¶288

£ÉÃªÀÄPÀUÉÆAqÀAvÀºÀ J¯Áè ¢£ÀUÀÆ° £ËPÀgÀgÀÄ/PÀÈ¶ PÁ«ÄðPÀgÀÄ FUÁUÀ¯ÉÃ 10 ªÀµÀðQÌAvÀ ºÉaÑ£À ¸ÉÃªÁªÀ¢üAiÀÄ£ÀÄß ¥ÀÆgÉÊ¹gÀÄvÁÛgÉ.

¶289

F £ËPÀgÀgÀ£ÀÄß AiÀiÁªÀÅzÉÃ jÃwAiÀÄ £ÁåAiÀiÁ®AiÀÄzÀ CxÀªÁ £ÁåAiÀÄªÀÄAqÀ½UÀ¼À DzÉÃ±ÀPÉÌ M¼À¥ÀlÄÖ ¸ÉÃªÉAiÀÄ£ÀÄß ªÀÄÄAzÀÄªÀgÉ¹gÀÄªÀÅ¢®è.

¶290

DzÁUÀÆå, ¢£ÀUÀÆ° £ËPÀgÀjUÉ FUÁUÀ¯ÉÃ PÀ£ÁðlPÀ ¢£ÀUÀÆ° £ËPÀgÀgÀ PÉëÃªÀiÁ©üªÀÈ¢Þ C¢ü¤AiÀÄªÀÄ ¸ÀPÁðgÀzÀ DzÉÃ±À ¸ÀASÉå: ¹D¸ÀÄE 16 ¸ÉÃ¸ÀÜ C2019, ¨ÉAUÀ¼ÀÆgÀÄ ¢£ÁAPÀ:10.01.2020 gÀ£ÀéAiÀÄ ªÀÄÆ®ªÉÃvÀ£À (±ÉÃPÀqÁ

¶291

100gÀµÀÄÖ) ªÀÄvÀÄÛ vÀÄnÖ¨sÀvÉå, ªÀÄ£É¨ÁrUÉ ¨sÀvÉåAiÀÄ£ÀÄß (±ÉÃPÀqÁ 90gÀµÀÄÖ) ¤ÃqÀ¯ÁUÀÄwÛzÉ.

¶292

PÀ¼ÉzÀ 25-30 ªÀµÀðUÀ½AzÀ 128 ªÀÄA¢ ¢£ÀUÀÆ°

¶293

£ËPÀgÀgÀÄ PÀÈ¶ «±Àé«zÁå¤®AiÀÄ, ¨ÉAUÀ¼ÀÆj£À°è PÉ®¸À ¤ªÀð»¸ÀÄwÛzÀÄÝ PÉ®ªÀÅ ªÀÄA¢ ¤ªÀÈwÛAiÀÄ£ÀÄß ºÉÆA¢zÀÄÝ ªÀÄvÀÄÛ PÉ®ªÀgÀÄ ¤ªÀÈwÛAiÀÄ CAa£À°èzÀÄÝ, EªÀgÀ£ÀÄß ¸ÀPÀæªÀÄUÉÆ½¸À®Ä PÀrªÉÄ ªÉZÀÑªÁzÀ G½zÀ ±ÉÃPÀqÁ 10gÀµÀÄÖ(vÀÄnÖ¨sÀvÉå,

¶294

ªÀÄ£É¨ÁrUÉ ¨sÀvÉå)£ÀÄß PÀÈ¶ «±Àé«zÁå¤®AiÀÄzÀ DAvÀjPÀ ªÀÄÆ®UÀ½AzÀ ¨sÀj¹PÉÆAqÀgÉ ¸ÀPÁðgÀPÉÌ AiÀiÁªÀÅzÉÃ jÃwAiÀÄ ºÉÆgÉAiÀiÁUÀÄªÀÅ¢®è ºÁUÀÆ EªÀgÀÄ 2006gÀ J£ï.¦.J¸ï(ºÉÆ¸À ¦AZÀtÂ AiÉÆÃd£É)Cr

¶295

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¶296

M¼À¥ÀqÀÄªÀÅzÀjAzÀ, ¸ÀzÀj ¥ÀæPÀgÀtªÀ£ÀÄß «±ÉÃµÀ ¥ÀæPÀgÀtªÉAzÀÄ

¶297

¥ÀjUÀtÂ¹ D 128 ªÀÄA¢ ¢£ÀUÀÆ° £ËPÀgÀgÀ£ÀÄß ¸ÀPÀæªÀÄUÉÆ½¸À®Ä C£ÀÄªÀÄw ¤ÃqÀ¨ÉÃPÉAzÀÄ PÉÆÃgÀ®Ä £Á£ÀÄ ¤zÉðÃ²vÀ£ÁVzÉÝÃ£É.

¶298

ªÀAzÀ£ÉUÀ¼ÉÆÃA¢UÉ, vÀªÀÄä «±Áé¹, ¸À»/PÀÄ®¸ÀaªÀgÀÄ."

¶299

As could be seen from the above, the University did state that the 128 Group 'D' employees had not been appointed to any sanctioned posts, but they were appointed depending on the educational qualifications they possessed. The University reiterated that all the 128 Group 'D' employees had already completed ten years of service and none of them had continued in service by virtue of any orders of the Court.

¶300

It was also stated that 128 employees had been given the benefits under the 2012 Act and that they had been working for the past twenty-five to thirty years and some of them had even attained the age of

¶301

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¶302

superannuation and some of them were on the verge of retirement.

¶303

It was also specifically stated that, by regularizing these employees, no financial burden would be cast on the State Government and the expenditure would be met out of the internal resources of the University. The University once again re-iterated its request to the Government to treat this as a special case and permit them to regularize the 128 Group 'D' employees.

¶304

Despite this third request of the Board, the Government refused to grant permission to regularize the services of the petitioners by its communication dated 22.07.2020 (Annexure ‘R10’ series to the Objections in WP No.10632 of 2021) . The said communication reads as follows:

¶305

"PÀ£ÁðlPÀ ¸ÀPÁðgÀ

¶306

¸ÀASÉå:PÀÈE16PÀÈ«¨É 2019 PÀ£ÁðlPÀ ¸ÀPÁðgÀ ¸ÀaªÁ®AiÀÄ

¶307

§ºÀÄªÀÄºÀrUÀ¼À PÀlÖqÀ,

¶308

¨ÉAUÀ¼ÀÆgÀÄ, ¢£ÁAPÀ:22.07.2020.

¶309

40 -

¶310

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¶311

EªÀjAzÀ,

¶312

¸ÀPÁðgÀzÀ C¥ÀgÀ ªÀÄÄRå PÁAiÀÄðzÀ²ð, PÀÈ¶ E¯ÁSÉ, §ºÀÄªÀÄºÀrUÀ¼À PÀlÖqÀ, ¨ÉAUÀ¼ÀÆgÀÄ-560 001.

¶313

EªÀjUÉ,

¶314

PÀÄ®¸ÀaªÀgÀÄ,

¶315

PÀÈ¶ «±Àé«zÁå®AiÀÄ, f.PÉ.«.PÉ, ¨ÉAUÀ¼ÀÆgÀÄ-560 065.

¶316

ªÀiÁ£ÀågÉÃ,

¶317

¶318

G¯ÉèÃR: vÀªÀÄä ¥ÀvÀæ ¸ÀASÉå: PÀÈ««¨ÉA/DPÀ/¸Á«-1/128 ¢£ÀUÀÆ° £ËPÀgÀgÀÄ/2019-20, ¢£ÁAPÀ: 03.03.2020.

¶319

¶320

ªÉÄÃ®ÌAqÀ «µÀAiÀÄPÉÌ ¸ÀA§A¢ü¹zÀAvÉ, G¯ÉèÃTvÀ

¶321

¥Àæ¸ÁÛªÀ£ÉAiÀÄ£ÀÄß ¥Àj²Ã°¸À¯Á¬ÄvÀÄ. ¢£ÁAPÀ:01.07.1984gÀ

¶322

£ÀAvÀgÀ £ÉÃªÀÄPÀUÉÆAqÀ ¢£ÀUÀÆ° £ËPÀgÀgÀ ¸ÀPÀæªÀiÁwAiÀÄ §UÉÎ ¢£ÁAPÀ:13.11.2006gÀ ¸ÀÄvÉÆÛÃ¯É ¸ÀASÉå:¹D¸ÀÄE 25 ¸ÉÃ¸ÀÜC 2003 (¨sÁ)gÀ°è ¸ÀàµÀÖªÁV w½¸À¯ÁVzÉ. EAvÀºÀ ¢£ÀUÀÆ° £ËPÀgÀgÀ£ÀÄß PÉ®¸À¢AzÀ vÉUÉAiÀÄzÉ CªÀgÀÄUÀ½UÉ ¸ÁªÀiÁfPÀ ¨sÀzÀævÉ ºÁUÀÆ PÉ®ªÀÅ ¸Ë®¨sÀåUÀ¼À£ÀÄß ¤Ãr 60 ªÀµÀð ªÀAiÀÄ¸ÀÄì vÀ®Ä¥ÀÄªÀªÀgÉUÀÆ ¸ÉÃªÉAiÀÄ°è ªÀÄÄAzÀÄªÀgÉ¸À®Ä

¶323

41 -

¶324

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¶325

PÀ£ÁðlPÀ ¢£ÀUÀÆ° £ËPÀgÀgÀ PÉëÃªÀiÁ©üªÀÈ¢Ý C¢ü¤AiÀÄªÀÄ, 2012£ÀÄß eÁjUÉ vÀgÀ¯ÁVzÉ. ¢£ÀUÀÆ° £ËPÀgÀgÀ ¸ÀPÀæªÀiÁw PÀÄjvÀÄ ¸ÀPÁðgÀzÀ ¤ÃwUÉ «gÀÄzÀÝªÁV PÀæªÀÄ PÉÊUÉÆ¼Àî®Ä CªÀPÁ±À«gÀÄªÀÅ¢®è. CzÀgÀAvÉ, G¯ÉèÃTvÀ ¥ÀvÀæzÀ°è ¥Àæ¸ÁÛ¦¹gÀÄªÀ ¢£ÀUÀÆ° £ËPÀgÀgÀ£ÀÄß ¸ÀPÀæªÀÄUÉÆ½¸À®Ä CªÀPÁ±À«gÀÄªÀÅ¢®è JAzÀÄ vÀªÀÄUÉ w½¸À®Ä ¤zÉÃð²vÀ£ÁVzÉÝÃ£É.

¶326

The Board once again took up the issue of regularization for its consideration on 16.12.2019 and proceeded to pass the following Resolution (Annexure ‘R18’ to the Objections in WP No.10632 of 2021) :

¶327

"Minutes of the 383^rd Meeting of the Board of Management, UAS, Bangalore held on 16^th December, 2019 at 11.00 A.M. in the Board Meeting Hall, 6^th Floor, Naik Bhavan, UAS, GKVK Campus, Bengaluru.

¶328

¶329

(C) Confirmation of Minutes and Action Taken Report on the

¶330

42 -

¶331

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¶332

Minutes of 379^th Meeting of the Board of Management of UAS, Bangalore held on 5^th January, 2019.

¶333

PART-B: Item: Item-37:

¶334

PÀÈ¶ «±Àé«zÁå¤®AiÀÄ, ¨ÉAUÀ¼ÀÄgÀÄ- gÀ°è PÉ®¸À ¤ªÀð»¸ÀÄwÛgÀÄªÀ 128 ªÀÄA¢ ¢£ÀUÀÆ° £ËPÀgÀgÀÄUÀ¼À£ÀÄß r-zÀeÉð PÉëÃvÀæPÁ«ÄðPÀ (¸ÀASÁåjPÀÛ) ºÀÄzÉÝUÉ ¸ÀPÀæªÀÄUÉÆ½¸ÀÄªÀ PÀÄjvÀÄ.

¶335

While reviewing the action taken report, the nominated Members of the Board of Management have urged the University to make concrete efforts in appraising the facts of the issue to the Government. These 128 daily/monthly rated employees are already receiving 100% of Basic pay and 75% of HRS + DA as per provisions of Karnataka daily wages employee's welfare Act-2013 . In case of absorption of these employees to D-Group posts, the University has already agreed to bear the estimated additional financial implication of Rs.82.00 lakhs (p.a.) from its internal resources without seeking grants/ funds from the Government.

¶336

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¶337

Under these circumstances, it was decided to pursue the matter with the Govt. once again by the delegation of nominated Board Members and University Officers (Vice-Chancellor and Registrar) in order to obtain approval/ decision of the Government on the issue. (Action: Registrar/Administrative Officer/ Comptroller) "

¶338

As could be seen from the aforesaid Resolution, the

¶339

Board took note of the fact that the 128 daily-wage employees were ordered to be entitled to receive 100% of the Basic Pay and 75% of the HRA as per the provisions of the 2012 Act and in case they were absorbed, the University had already taken a decision to bear the estimated additional financial implication of Rs.82.00 lakhs per annum from its internal resources without seeking for any grants/funds from the Government and therefore, the University had resolved to pursue the matter with the Government once again by delegation of nominated Board

¶340

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Members and University Officers to secure approval from the Government on the issue.

¶343

Thus, the Board, for the fourth time, was of the view that the services of 128 Group 'D' employees were required to be regularized and their regularization would not in any way affect the finance of the Government.

¶344

This issue was once again considered by the Board in its 384^th meeting on 29.01.2020 (Annexure ‘R19’ to the Objections in WP No.10632 of 2021) and a Resolution was passed in the following terms:

¶345

"Minutes of the 384^th (Special) Meeting of the Board of Management, UAS, Bangalore held on 29^th January, 2020 at 1.30 PM in the Board Meeting Hall, 6^th Floor, Naik Bhavan, UAS, GKVK Campus, Bengaluru.

¶346

¶347

(E) Confirmation of Minutes and Action Taken Report on the Minutes of 379^th Meeting of the Board of

¶348

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¶350

Management of UAS, Bangalore held on 5^th January, 2019.

¶351

PART-B: Item-37:

¶352

PÀÈ¶ «±Àé«zÁå¤®AiÀÄ, ¨ÉAUÀ¼ÀÆgÀÄ-gÀ°è PÉ®¸À ¤ªÀð»¸ÀÄwÛgÀÄªÀ 128 ªÀÄA¢ ¢£ÀUÀÆ° £ËPÀgÀgÀÄUÀ¼À£ÀÄß r-zÀeÉð PÉëÃvÀæPÁ«ÄðPÀ (¸ÀASÁåjPÀÛ) ºÀÄzÉÝUÉ ¸ÀPÀæªÀÄUÉÆ½¸ÀÄªÀ PÀÄjvÀÄ.

¶353

While deliberating on the issue, the Member of the Board once again requested for regularization of the 128 Daily rated/monthly rated employees( as listed in Agenda Item), who have been absorbed under Karnataka Daily Wage Employees Welfare Act Rules2013. The Chairman informed that, under this Act, the Government has once again enhanced the DA and HRA from 75% to 90% keeping minimum basic pay from time to time.

¶354

The Members of the Board requested that, the regularization of these 128 employees will add a little more financial benefit in addition to their present salary having worked for 15-20 years. The additional expenditure which

¶355

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¶356

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¶357

is arrived for this cause, can be met out from the internal resources of the University. Moreover, the number of employees listed for regularization has been now reduced to 107 from 128 due to retirements of few employees.

¶358

The Secretary to Agriculture, GoK opined that, the proposal of the University submitted in this regard, will be looked into based on the related documents. Hence, the Board resolved to wait for the decision of the Government to take further course of action (Action:Administrative

¶359

Officer)"

¶360

As could be seen from the above, the Board took note of the fact that the additional expenditure that it had agreed to incur would be met from the internal resources and it also noticed that the number of employees listed for regularization had been reduced from 128 to 107 due to the retirement of a few employees.

¶361

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¶363

In fact, the Secretary to the Government, Department of Agriculture, Government of the Karnataka also opined that the proposal of the University would be looked into based on the relevant documents and hence, the Board took a decision to await the decision of the Government to take further course of action.

¶364

A reading of this Resolution would indicate that the Board was given the impression that the Government would take a re-look in the matter, and therefore, the Board had decided not to take any further course till the Government took a decision.

¶365

This Resolution dated 29.01.2020 was re-iterated in the Resolution dated 21.04.2020 by the Board in its 385^th meeting (Annexure ‘R20’ to the Objections in WP No.10632 of 2021) .

¶366

Thus, right from 05.01.2019, it was the consistent view of the Board that the 128 daily-wage employees ought to be regularized and that the University would bear

¶367

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the entire financial expenditure without casting any financial burden on the State Government.

¶370

It has to be noticed here that the University, in fact, had made five specific requests to the Government to regularize their services and is also to be noticed that the University had already regularised the services of Sujatha Devi and others who were similarly situated to the 128 daily-wage employees, who were brought within the purview of the 2012 Act.

¶371

It appears that thereafter, the Government indicated that it was not willing to grant its consent for the University's request to regularize the 128 employees and as a consequence, the University proceeded to pass a Resolution on 01.09.2020 (Annexure ‘R21’ to the Objections

¶372

in WP No.10632 of 2021) in the following terms :

¶373

"Minutes of the 386^th Meeting of the Board of Management of UAS, Bangalore held on 1^st September, 2020 at 11.30 AM in the Board Meeting Hall, 6^th Floor, Naik Bhavan, UAS, GKVK Campus, Bengaluru.

¶374

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¶376

¶377

Item No.2 : Confirmation of the Minutes of 385^th (Spl) Meeting of the Board of Management, UAS, Bangalore held on 21-042020 and action taken report on the Minutes.

¶378

¶379

(D) Confirmation of Minutes and Action Taken Report on the Minutes of 379^th Meeting of the Board of Management of UAS, Bangalore held on 5^th January, 2019.

¶380

PART-B : Item-37:

¶381

The letter received from the Govt, indicating non-acceptance of the University proposal submitted on the issue was placed before the Board. The Special Secretary to Finance and Deputy Secretary to Agriculture, GoK, apprised about the strict guidelines / provisions which doesn't permit to absorb the MRE/DRE employees against the vacant D-Group sanctioned

¶382

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¶383

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¶384

posts. As the services of 128 Daily rated/monthly rated employees have already been continued under Karnataka Daily Wages Employees Welfare Act-2013 by extending salary and other emoluments as per the guidelines, the issue of absorbing against sanctioned D-Group posts doesn't arise.

¶385

After detailed deliberations on the issue, the Board decided to drop this item since, the University has continued the services of 128 DRE/MRE under Karnataka Daily Wages Employees Welfare Act-2013 by extending all eligible benefits. (Action : Administrative Officer) "

¶386

As could be seen from the above, the only reason for

¶387

which the University resolved not to go ahead with the Resolution was because of the fact that the Government had not agreed to grant its consent.

¶388

The petitioners have thereafter approached this Court by way of these writ petitions in the month of June,

¶389

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2021 (WP No.10632 of 2021) seeking for a direction to be issued to the University for regularization of their services.

¶391

It may be pertinent to state here that during the course of arguments, it was pointed out by the petitioners that a discriminatory approach was adopted by the University in the matter of regularization, inasmuch as Sujatha Devi and 14 others had been regularized without seeking the consent of the Government; but when it came to the case of other petitioners, the University had taken a different stand that the consent of the Government was essential.

¶392

When the University was queried on this aspect, they have proceeded to immediately pass an order dated 29.11.2023 withdrawing the orders by which Sujatha Devi and others had been regularized.

¶393

Thus, the filing of these writ petitions and the query raised by this Court as to how one set of employees could be regularized without the Government's consent while

¶394

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denying said benefit to another group of employees, has essentially spurred the University into taking the action of withdrawing the orders of regularisation that it had passed earlier. In other words, notwithstanding the University’s consistent stand that it intended to regularise 128 employees, it proceeded to withdraw the orders of regularization that had been passed in favour of Sujatha Devi and 16 others.

¶396

SUBMISSIONS :

¶397

The learned counsel for the petitioners put forth the following contentions:

¶398

i. The petitioners cannot be denied the benefit of regularization merely because the Government did not consent to the decision of the University.

¶399

ii. The Government had no role to play in the question of regularization, since the University had the exclusive powers, under the very statute under which

¶400

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¶401

it was constituted, to create administrative or other posts.

¶402

iii. Neither the University nor the Government could have relied upon Umadevi 's case to deny the benefit of regularisation to the aforesaid 128 daily wage employees.

¶403

iv. The Hon'ble Supreme Court in Umadevi 's case was considering the claim of daily-wage employees for regularisation, whereas in the instant cases, the University was itself recommending for regularisation and therefore, the conditions stipulated in Umadevi 's case would be really of no significance.

¶404

v. The State Government’s consent would be required only if the Government funds/grants were being made in this regard and since the University was to bear the entire expenditure, the question of the Government consent for the same did not arise, as

¶405

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¶406

the money was being paid by the University funds

¶407

and not out of Government grant.

¶408

The respondents, on the other hand, put forth the following contentions:

¶409

i. The University, though willing to regularize the petitioners, was impeded in this aspect by the decision of the Government, and the University cannot thus be found fault with.

¶410

ii. The daily-wagers, being conferred with the benefits under the 2012 Act, would not be entitled to demand that they also be given the benefit of regularization.

¶411

iii. The decision of the University to recommend for regularization was ultimately dependent on the Government’s approval and since that was not forthcoming, the request of the petitioners for regularization was rightly denied.

¶412

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¶413

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¶414

POINTS FOR CONSIDERATION :

¶415

In light of the above arguments, the principal points that will have to be considered in these writ petitions are:

¶416

i. “Whether the respondentUniversity was justified in refusing to regularize the services of the petitioners merely because the Government refused to give its consent for the regularisation?

¶417

ii. Whether the University was justified in withdrawing the orders of regularization passed in favour of Sujatha Devi and 16 others after five years?”

¶418

REASONING :

¶419

In order to decide these questions, it would be useful to have an overview of the provisions of the statute, under which the University was established.

¶420

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¶421

The University of Agricultural Sciences Act, 2009 (for short, “ the Act ”) was enacted to provide for comprehensive enactment to consolidate and amend the law in respect of Universities of Agricultural Sciences for providing development of Agriculture and allied Sciences in the State of Karnataka.

¶422

The Universities created under the Act are made responsible for the maintenance of Agriculture, Husbandry, Fishery, Sericulture and Forestry Training or Education Centres and Research and experimental stations, and for the programme of training of field extension workers and for the establishment, development and operation of such centres, Colleges, research and experimental stations, KVK’s and Extension Education and other Training Centres under the management of University or other institutions, which are to be constituent units of that University and are under its management and control.

¶423

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¶425

Section 7 of the Act deals with the powers and functions the University possesses. Sub-section (10) of Section 7 of the Act confers expressly, on the University, the power to create teaching, research and extension education posts and also to appoint persons to such posts. Sub-section (11) of Section 7 of the Act confers the power on the University to create administrative and other posts and to appoint persons to such posts.

¶426

It is therefore clear that the power to create both teaching, administrative and other posts and appoint persons to these posts lies within the exclusive domain of the University. It is to be noticed here that this power to appoint conferred under Sub-section (10) or (11) of Section 7 of the Act is not made subject to any supervision or control of the State Government.

¶427

Chapter VI of the Act provides for the Funds and Accounts of the University.

¶428

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Section 36 of the Act states that the University should have a General fund and a Foundation Fund.

¶431

To the General Fund, it is mandated that the income from fees, endowments and grants, if any, and income from properties of the University including hostel, experimental stations and farms shall be credited. Any contributions or grants made by the Government or other contributions, grants, donations, beneficial ones, loans and other receipts are also to be a part of the General Fund.

¶432

To the Foundation’s account, the contribution or grants made by the Central Government or the State Government or any approved agency are also required to be credited. The Board is permitted to re-transfer such amount that it may deem necessary from the Foundation Fund to the General Fund.

¶433

In respect of any grant made by the Government, the University is mandated to furnish statement of accounts, reports and other particulars to the Government.

¶434

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It is also obliged to take such action and furnish such statements, accounts, reports and other particulars as directed by the Government.

¶436

Thus, the funds of the University are a combination of its own income, which is derived from various sources and also from contributions or grants made by the Government and other contributions, such as donations, etc.

¶437

It will have to be emphasised here that only in respect of the grants received from the Government, is the University required to furnish the statement of accounts, reports and other particulars relating to any grant made by the Government and it is also obligated to take such action or furnish statements, accounts, reports and other particulars regarding the utilisation of any grant as directed by the Government. This would indicate that there is a certain degree of financial autonomy granted to

¶438

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¶439

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¶440

the University and it is not subject to absolute control by the State Government.

¶441

Section 37 of the Act stipulates that the General, Foundation and other funds are required to be managed in accordance with the provisions laid down by the statutes.

¶442

Section 38 of the Act confers the power of the Government to order auditing at any time to order an audit of the accounts of the University by such auditors as it may direct.

¶443

Thus, the Government has the power under the Act to seek statements, accounts, reports etc., in respect of the grants given by it and also to order an audit of the accounts of the University. This indicates that the Government has been conferred with the power to keep a check on the way the funds of the University is derived and also expended.

¶444

The Vice Chancellor, under Section 39 of the Act, is required to cause to be prepared the financial estimates of

¶445

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the University for the ensuing year and submit the same to the Board for its approval. The Board is empowered to approve the financial estimates, subject to such modification as it deems fit. It is, however, made clear that no expenditure should be incurred, except in accordance with the financial estimates as approved by the Board.

¶448

Therefore, it is clear that the funds of the University are to be managed by the University itself and the financial estimates that have been prepared would have to be approved by the Board, once again establishing that the University has a certain degree of financial autonomy to manage its affairs.

¶449

It has to be noticed here that the Government really does not get to have a say in the matter of expenditure incurred by the University or in the financial estimates that are prepared by the Vice Chancellor.

¶450

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¶452

Section 40 of the Act casts an obligation on the University to get the annual statement of accounts of the University prepared by the Comptroller under the directions of the Vice Chancellor in respect of the monies accrued to or received by the University from whatever source.

¶453

The annual accounts and the balance sheet are required to be submitted by the Vice Chancellor to the Government which in turn is required to cause an audit to be carried out by such persons as it may appoint in that regard and the audited accounts should be presented by the Vice-Chancellor to the Board.

¶454

The Board is thereafter required to submit a copy of the accounts and the audit report to the Government along with the statement of action taken by the University on the audit report, and the Government in turn is required to place the same before both Houses of the State Legislature.

¶455

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76. What can be gathered from the provisions of Chapter

¶458

VI is that the Government can only have an overview of the monies being spent by the University and it does not really have any statutory powers under Chapter VI to direct the manner in which the University should incur expenditure to achieve the objects of the Act.

¶459

It is, no doubt, true that Section 10 of the Act does confer the power on the Chancellor to issue directions either suo motu or on the recommendation of the State Government, which are necessary or expedient in the interest of both administration and academic functioning of the University, but there is no specific provision which requires the approval of the Government for every decision the University is required to take.

¶460

The power to have overall superintendence of the accounts cannot lead to the inference that the Government has a right to interfere with every policy decision taken by the University.

¶461

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¶463

It has to be noticed that the very purpose of establishing the University is to grant autonomy to a Body so as to ensure that the University functions in an effective and appropriate manner.

¶464

Once the statute prescribes the manner in which the University is to be run through various Authorities/Bodies, such as Syndicates, Senates and other Councils, which are prescribed in the Act itself, it is expected from the Government that it allows the University to operate in an autonomous way.

¶465

The Scheme of the Act would indicate that the Government can intervene and recommend to the Chancellor to issue directions in the interest of administration and academic functioning of the University. This power to recommendation to issue directions cannot be construed as a power to over-turn the decisions of the University, merely because the Government has a different view in the matter.

¶466

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¶468

Section 42 of the Act specifically deals with the Government Grants and it mandates that the Government should make non-lapsable lump-sum grants to the University. These grants should not be less than the estimated expenditure of pay and allowances of the staff, contingencies, supplies and services of the University for proper functioning of the University. It is also required to make a grant to meet such additional items of expenditure recurring and non-recurring as the State Government may deem necessary for the proper functioning of the University.

¶469

Sub-section (3) of Section 42 of the Act requires the University to furnish statements, accounts, reports and other particulars, as the State Government may require, before any grant is made by the Government and in case, the State Government were to issue any direction regarding the statement of accounts or utilization of any grant, the University is required to take action accordingly.

¶470

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¶471

It is, therefore, clear from a reading of Section 42 of the Act that the State Government has a right to require statement of accounts, reports, etc., to be submitted to it before any grant is made and the University is obliged to take action in respect of any direction the Government may issue in respect of the statement of accounts, reports or regarding utilization of grants.

¶472

It is, therefore, implicit that the power of the State Government would be available only if a grant is sought by the University and the Government decides to give such grant.

¶473

In light of this legal position, it is clear that if the University decides to incur any expenditure out of its own funds, the Government cannot really control or direct the utilization of the funds. The Government, no doubt, can cause an audit to be done and if it is of the view that certain directions are required to be issued for the proper functioning of the University, it can recommend to the

¶474

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¶475

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¶476

Chancellor to issue appropriate directions. The State Government, therefore, would not have a direct supervisory control over the policy decisions taken by the University, especially when the expenditure to be incurred out of its internal financial resources.

¶477

To put it in simple words, if the University decides to expend its own money to meet the expenditure on the posts that it proposes to create in exercise of the power conferred on it, the State Government cannot really object to the said decision.

¶478

It has to be noticed here that if the University decides to create teaching or non-teaching staffs in exercise of the powers conferred under Section 7 of the Act, the approval of the Government would not be required. However, it is true that the Board of Management under Section 13(2)(xiii) of the Act is empowered to create the teaching and non-teaching posts only with the approval of the State Government. Thus, the

¶479

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¶480

creation of either teaching or non-teaching posts by the Board does require the approval of the Government.

¶481

In this case, admittedly, 171 posts were created by the Government itself by notifying the names of 171 dailywage employees as provided under the 2012 Act. By virtue of the 2012 Act mandating that these 171 employees were to be paid the minimum time scale of pay, the Government, in effect, had itself created those 171 posts and thus, the requirement of obtaining an approval under Section 13(2)(xiii) stood automatically granted. It also, therefore, follows, by the operation of the 2012 Act, that these 171 posts stood created with the sanction of the Government.

¶482

The only major difference between the regular employees of the University and the daily-wage employees of the University, in terms of pay, was that the daily-wage employee would be getting the minimum time scale of pay, while the regular employees would be getting the

¶483

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¶485

regular scales of pay. If the University had decided to meet this difference in pay from its own internal resources, without imposing any financial burden on the State Government, it is simply unfathomable as to how the State Government could oppose the decision of regularisation of these daily-wage employees.

¶486

As narrated above, it is not in dispute that the Board recommended the regularization of 128 daily-wage employees on 05.01.2019, 04.06.2019, 16.12.2019, 03.03.2020 and 29.01.2020 and in all these Resolutions/communications, the Board stated that the financial expenditure to be incurred would be met internally, the Board was also of the view that it would be inhumane to refuse regularization in respect of these 128 daily-wage employees as they had already put in nearly twenty-five to thirty years of service and most of them are on the verge of retirement, while some have actually retired.

¶487

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¶489

In a situation in which the Board, which manages the University noticed that these 128 employees had rendered two-and-a half to three decades of services and those employees were also being given minimum of the time scale of pay and other allowances as per the provisions of the 2012 Act, was of the view that it would be in the larger interest of the University to have their services to be regularised so as to ensure that no injustice is rendered to them, such a decision cannot be said to be either arbitrary irrational or illegal.

¶490

If the University decides to regularise the services of its 128 daily-wage employees in order to ensure that the interest of the University employees was safeguarded, the State Government could not have intervened and sit in judgment over a proposed policy decision of the Board.

¶491

The very purpose of creating the Board of Management under the Act is to ensure that the Board collectively decides what decision is in the best interest of

¶492

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¶494

the University and what decision are not in the interest of the University. If the Board is of the view that the University would be benefitted by regularizing 128 of its daily-wage employees who have served for nearly twoand-a half to three decades, such a decision cannot be said to be beyond its powers conferred under the Act.

¶495

The reasoning of the Government that the regularization would contravene the mandate of the Hon’ble Supreme Court in Umadevi ’s case, cannot be accepted since the mandate cannot really be applied to the facts and circumstances of the present case.

¶496

It has to be noticed here that in all the cases relating to regularisation, including in Umadevi ’s case, the Apex Court has taken the view that the Courts cannot issue a

¶497

direction for regularizing the persons who had been appointed irregularly and/or in contravention with the Recruitment Rules, since that amounted to flouting of the Recruitment Rules, and aiding persons who have secured

¶498

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appointment otherwise than in the manner prescribed under the Recruitment Rules.

¶500

The Apex Court in Umadevi ’s case was not dealing with a situation where the employer wanted to regularize daily-wage employees and the Government was coming in the way of regularisation. On the other hand, the Apex Court was considering a situation where a daily-wage employee was demanding that his services be regularised by way of a judicial order, and in that context, the Apex Court has decided that the Courts should not pass orders for regularisation.

¶501

It is, no doubt, true that the recruitment to civil posts will have to be done in accordance with the Recruitment Rules. However, if the substantive provision of an enactment confers power on the University to create posts and if the Body, which is managing the entire Institution, is of the view that it can bear the additional expenditure, the Government cannot take refuge under

¶502

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¶503

the decision rendered in Umadevi ’s case to deny regularization.

¶504

It has to be also kept in mind that the Legislature had enacted the 2012 Act with the overarching objective of ensuring the daily-wage employees, who had put in more than ten years of services and who could not be regularized under Umadevi ’s case, were given the benefits which were nearly equivalent to the benefits of a regular employee. In a sense, the law enacted after Umadevi’s case itself envisaged the creation of additional posts and sanction for payment of wages almost on par with regular employees. The Government, instead of considering this perspective, has misunderstood and misconstrued the bar created for regularisation under

¶505

Umadevi ’s case.

¶506

To put it in simple terms, the State Government, by enacting the 2012 Act, was treating all the daily-wage employees who had worked for more than ten years,

¶507

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¶509

almost on par with the regular employees and it was just one step short of regularisation.

¶510

If an entity (such as the University) had decided to bridge that gap and grant benefits to such an employee on par with the regular Government employees, by undertaking to bear the difference of cost, the State Government would be wrong to refuse to grant its consent.

¶511

It is, therefore, clear that the decision of the Government, to refuse the consent by placing reliance on Umadevi ’s case, cannot be sustained.

¶512

It has to be noticed here that the University had, in fact, regularized the services of Sujatha Devi and others, and the petitioners herein, along with others, were claiming parity. Taking note of this particular fact, the University had recommended regularization of the remaining 128 employees.

¶513

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¶514

Merely because the Court pointed out that two contradictory standards were being adopted in respect of identically situated employees, the University, in order to undo the anomaly, could not have proceeded to withdraw the order of regularization granted to Sujatha Devi and 16 others.

¶515

To view it in a different way, the University wanted to regularise 128 employees in the same manner as it regularised 17 of its employees. However, because the Government refused to give its consent, it had decided to drop the idea of regularising 128 employees while continuing to uphold the order of regularization in respect of 17 employees and paying their salaries out of their funds. But the moment the University was confronted with this situation of double standards, the University has chosen to find the easiest way to escape its responsibility and has not only refused to regularise the employees that it originally wanted to regularise, but has also proceeded to undo the order of regularisation that it had passed in

¶516

76 -

¶517

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¶518

respect of 17 other employees. This conduct of the University cannot be appreciated at all.

¶519

The Hon’ble Supreme Court in the case of Malathi Das³ has also held that if any one set of employees are regularised on parity, similarly situated employees would also be entitled to the same benefits. It is, thus, clear that the refusal to regularise the 128 employees by the University cannot be termed as being legal or proper.

¶520

Since the University has withdrawn the order of regularisation passed in favour of Sujatha Devi and others during the pendency of these petitions, by citing the observations made during the course of arguments, it is obvious that the said order cannot be sustained.

¶521

Consequently, the order directing the withdrawal of the regularisation made in favour of petitioners cannot be sustained, and are accordingly quashed .

¶522

3 Malathi Das (Retired) now P.B. Mahishy & Ors. v. Suresh & Ors., (2014) 13 SCC 249 .

¶523

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¶524

The points for consideration are answered

¶525

accordingly.

¶526

In the result, these writ petitions are allowed by quashing the impugned orders and a direction is issued to the University to regularise the services of the 128 employees and meet the financial expenditure that arise out of this regularisation out of its own funds, as resolved by it in its Resolutions.

¶527

This order of regularisation that is required to be made in favour of the 128 employees would not require the consent or sanction of the Government, since the entire expenditure in this regard could be borne by the University.

¶528

Having regard to the fact that the Board passed its first Resolution to recommend the regularisation of 128 employees on 05.01.2019, the regularisation of the 128 employees (which includes these petitioners) shall be made with effect from 05.01.2019.

¶529

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¶530

The benefits to which the petitioners are entitled to by virtue of this Order shall be computed and made over to the petitioners within a period of two months from the date of receipt of a copy of this order.

¶531

Since, the order of withdrawing regularization made in favour of Sujatha Devi and others are quashed, the very orders of regularisation passed in their favour shall stand restored, and if there has been any reduction in their pay or allowances made, the same shall be undone and given to them within two months from the date of receipt of a copy of this order.

¶532

The writ petitions are accordingly allowed .

¶533

Sd/JUDGE

¶534

RK/CT: SN

Sri Chikkanna v. State of Karnataka

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Sri Chikkanna v. State of Karnataka

Case brief

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