A contract Data Entry Operator engaged via an outsourcing agency challenged an official memorandum directing relief of operators appointed beyond sanctioned numbers. The court directed the Director, Atalji Janasnehi Directorate to consider the petitioner's representation in light of the Finance Department-approved numbers within three months.
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NC: 2024:KHC:24922 WP No. 1526 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD
WRIT PETITION NO. 1526 OF 2024 (S-RES)
BETWEEN:
SRI. SRIDHARA K B S/O BYRALINGAIAH, AGED ABOUT 34 YEARS, NO 12, KONDEGOWDANADODDI, HAROHALLI, RAMANAGAR - 562112
…PETITIONER
(BY SRI. GANAPATI S. SHASTRI, ADVOCATE)
AND:
Digitally signed by NARASIMHA MURTHY VANAMALA Location: HIGH COURT OF KARNATAKA
ATALJEE JANASNEHI DIRECTORATE
K R CIRCLE,
BANGALORE - 560001
KANAKAPURA TALUK - 562117
NC: 2024:KHC:24922 WP No. 1526 of 2024
RAMANAGARA DISTRICT
…RESPONDENTS
(BY SRI. PRINCE ISAC, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE OFFICIAL MEMORANDUM IN NO. KAM E/AJSK/ADALITHA/157/2022-23 DTD 31.07.2023 ISSUED BHY THE R-2 IN SO FAR RELATES TO PETITIONER (ANNX-C); DIRECT THE R-3 TO CONSIDER THE REPRESENTATION DTD 12.09.2023 MADE BY THE PETITIONER ANNX-D.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner, who was in employment as a
Data Entry Operator with M/s Atalji Janasnehi Kendra and so engaged through an Outsourcing Agency, has filed this petition impugning the Official Memorandum dated 31.07.2023 issued by the second respondent and for consideration of his representation dated 12.09.2023 [ as per Annexure-D ]. The second respondent, by the impugned Official Memorandum dated 31.07.2023, has sought for
NC: 2024:KHC:24922 WP No. 1526 of 2024
clarification from the Outsourcing Agency on the details of the payment made to the persons appointed as Data Entry Operators directing the Outsourcing Agency to relieve all those who are appointed as Data Entry Operators beyond the numbers approved by the Department of Finance. The petitioner's case is that it is because of this communication, his services are discontinued and as such, he has filed the representation 12.09.2023 for continuing his service as a Data Entry Operator.
Sri. Ganapathi S. Shastri, the learned counsel for the petitioner, submits that the Government's decision is not to do away with the services of the Data Entry Operator but is to limit the services to the numbers approved, and the petitioner is relieved without opportunity to say that his appointment as a Data Entry Operator is not outside the bounds of approval. The learned counsel also canvasses that the petitioner’s services cannot be dispensed with
NC: 2024:KHC:24922 WP No. 1526 of 2024
unless it is shown that he is appointed beyond the approved numbers.
These submissions are considered upon hearing Sri. Prince Isac, the learned Additional Government Advocate, who is called upon to accept notice for the respondents. This Court must observe that the second respondent, after calling for necessary information from the concerned, must consider the petitioner's request in the light of the numbers approved for appointment by the Department of Finance and the number of persons engaged as against approval before the petitioner is denied the opportunity of being in employment though on contract basis as a Data Entry Operator. As such, the following:
ORDER
The petition is allowed, and the second respondent - The Director, Atalji Janasnehi Directorate - is directed to consider the
petitioner's representation dated 12.09.2023 [ Annexure-D ] within a period of three [3] months from the date of receipt of a certified copy of this order in the light of this Court's observation, and the petitioner, to avail the benefit of this direction, is reserved with liberty to file a certified copy of this order along with a representation with the second respondent within a period of two [2] weeks from the date of receipt of a certified copy thereof.
Sd/JUDGE
RB
1 issue framed by the court
Whether the petitioner's discontinuation as a Data Entry Operator engaged through an outsourcing agency was justified without verification against the approved numbers of posts.
1 provisions across 1 enactments
Sridhara K B
State of Karnataka represented by its Chief Secretary, Department of Revenue
Director, Atalji Janasnehi Directorate
Tahasildar, Kanakapura Taluk
Deputy Tahasildar, Kanakapura Taluk
B M SHYAM PRASAD
As recorded by the court registry
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