Partly allowed

Kumari Vaibhavi v. the Principal Secretary

Karnataka HC6 Feb 2024WP/24023/2023

Case brief

AI extract

What is this about?

Contract and temporary employees of Morarji Desai residential schools sought service weightage, age relaxation, and regularization. The court held weightage was unavailable after the amended Regulations removed it, found pleadings insufficient for regularization, but directed that petitioners not be relieved until vacancies are filled through proper recruitment.

What did the court decide?

Petitioners allowed in part; respondents directed not to relieve petitioners still serving against vacancies until filled through proper recruitment; IA disposed of.

Kumari Vaibhavi Vs the Principal Secretary — Service and Employment | Karnataka HC (2024)

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NC: 2024:KHC:5098 WP No. 24023 of 2023 C/W WP No. 21352 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 24023 OF 2023 (S-RES) C/W WRIT PETITION NO. 21352 OF 2023 (S-RES)

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IN WP NO.24023/2023

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BETWEEN:

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Digitally signed by ALBHAGYA Location: HIGH COURT OF KARNATAKA

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KUMARI VAIBHAVI D/O MANIKRAO, AGED ABOUT 26 YEARS, WORKING AS A ENGLISH GUEST TEACHER MORARJI DESAI RESIDENTIAL SCHOOL (BC 349) BAGDAL, BIDAR TALUK, BIDAR DISTRICT-585226 C/O SHIVAPPA MASTER, #737, 3^RD CROSS, SHANTINAGAR, MUTHYALAMMA ROAD, DODDABALLAPUR TOWN, BANGALORE RURAL DIST-561 203

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…PETITIONER

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(BY SRI. JAGDISH SHASTRI, ADVOCATE)

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AND:

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THE PRINCIPAL SECRETARY SOCIAL WELFARE DEPARTMENT, STATE OF KARNATAKA, VIKAS SOUDHA, BANGALORE- 01

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KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY

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(ITS UNDER TAKING GOVT)

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NC: 2024:KHC:5098 WP No. 24023 of 2023 C/W WP No. 21352 of 2023

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REPTD. BY ITS EXECUTIVE DIRECTOR, KARNATAKA STATE CO-OPEARATIVE BOARD BUILDING, 6 AND 7 FLOOR, NEAR CHANDRIKA HOTEL, CUNNIGHAM ROAD, BANGALORE-560052

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THE DEPUTY DIRECTOR BACKWARD CLASSES WELFARE DEPARTMENT BIDAR, BIDAR DISTRICT-585 401

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…RESPONDENTS

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(BY SRI.B.RAVINDRANATH, AGA FOR R1 & R3; SRI.NAGAIAH, ADVOCATE FOR R2)

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1) DIRECTING THE RESPONDENTS TO EXTEND THE BENEFIT OF SERVICE WEIGHTAGE AND TO RELAXATION OF AGE IN THE REGULATION AND TO BRING IN CONFORMITY WITH THE RULES OF REGULARIZATION OF THEIR SERVICE OF JOB OF THE PETITIONER IN THE RESPONDENTS INSTITUTIONS AND ETC.,

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IN WP NO.21352/2023 BETWEEN:

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1 . SMT. ASHPARI N W/O REHAMAN, AGED ABOUT 36 YEARS WORKING AS A STAFF NURSE, KITTUR RANI CHANNAMMA MODEL RESIDENTIAL SCHOOL, NEERUGUNDA, HOSADURGA TALUK, CHITRADURGA DIST.

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2 . SRI SIDDESHKUMAR M J S/O JAYYAPPA A H AGED ABOUT 38 YEARS WORKING AS A SOCIAL SCIENCE TEACHER MORARJI DESAI RESIDENTIAL SCHOOL AND P U

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NC: 2024:KHC:5098 WP No. 24023 of 2023 C/W WP No. 21352 of 2023

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SCIENCE COLLEGE KARIGANURU CHANNAGIRI TALUK DAVANAGERE DIST - 577219.

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3 . SRI NAGARAJA GOWDRA S/O SHEKHAPPA GOWDRA AGE ABOUT 33 YEARS WORKING AS A FDA CUM COMPUTER OPERATOR, MORARJI DESAI RESIDENTIAL SCHOOL (ST-339), GIRIYAPURAMATHA, HUVINA HADAGALI TALUK, VIJAYANAGARA DIST – 583216

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4 . SRI NAGARAJ S/O DEVRAJ, AGE ABOUT 34 YEARS

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WORKING AS A FDA CUM COMPUTER OPERATOR, MORARJI DESAI RESIDENTIAL SCHOOL (GEN - 346), BETBALKUNDA, BASAVAKALYAN TALUK, BIDAR DIST- 585327

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5 . SMT. REKHA

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W/O RAJKUMAR SULTANPURE AGE ABOUT 34 YEARS

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WORKING AS A MATHEMATICS GUEST TEACHER MORARJI DESAI RESIDENTIAL SCHOOL (S.C -355), KONMELKUNDA VILLAGE, BHALKI TALUK, BIDAR DIST - 585413.

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6 . SRI PRAKASH S/O SHIVAGONDA AGE ABOUT 34 YEARS

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WORKING AS A KANNADA GUEST TEACHER, SMT INDIRA GANDHI RESIDENTIAL SCHOOL BALLUR J (ST - 646), AURAD TALUK, BIDAR DIST – 585421

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7 . SMT BALAMMA

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W/O MAHESH SANNAKARADAD AGE ABOUT 30 YEARS WORKING AS A FDA CUM COMPUTER OPERATOR MORARJI DESAI RESIDENTIAL SCHOOL (BC - 537). TALAKERI YALABUGA TALUK,

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NC: 2024:KHC:5098 WP No. 24023 of 2023 C/W WP No. 21352 of 2023

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KOPPA DIST- 583277.

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...PETITIONERS

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(BY SRI.JAGDISH SHASTRI, ADVOCATE)

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AND:

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1 . THE PRINCIPAL SECRETARY SOCIAL WELFARE DEPARTMENT, STATE OF KARNATAKA,

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VIKAS SOUDHA, BANGALORE - 1.

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2 . KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY (ITS UNDER TAKING GOVT) REPTD BY ITS EXECUTIVE DIRECTOR, KARNATAKA STATE CO-OPERATIVE BOARD BUILDING, 6 AND 7 FLOOR, NEAR CHANDRIKA HOTEL CUNNINGHAM ROAD, BANGALORE - 560052.

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3 . THE DEPUTY DIRECTOR SOCIAL WELFARE DEPARTMENT, CHITRADURGA, CHITRADURGA DIST - 577501.

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4 . THE DEPUTY DIRECTOR SOCIAL WELFARE DEPARTMENT

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DAVANAGERE, DAVANAGERE DIST - 577005.

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5 . THE DEPUTY DIRECTOR SOCIAL WELFARE DEPARTMENT (VIJAYANAGARA), BALLARI, BALLARI DIST-583101.

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6 . THE DEPUTY DIRECTOR SOCIAL WELFARE DEPARTMENT, BIDAR, BIDAR DIST - 58540.

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7 . THE DEPUTY DIRECTOR SOCIAL WELFARE DEPARTMENT KOPPAL, KOPPAL DIST - 583231

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…RESPONDENTS

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(BY SRI.B.RAVINDRANATH, AGA FOR R1 & R3 TO R7; SRI.NAGAIAH, ADVOCATE FOR R2)

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5 - NC: 2024:KHC:5098 WP No. 24023 of 2023 C/W WP No. 21352 of 2023

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO EXTEND THE BENEFIT OF SERVICE WEIGHTAGE AND TO RELAXATION OF AGE IN THE REGULATION AND TO BRING IN CONFORMITY WITH THE RULES OF REGULARIZATION OF THEIR SERVICE OF JOB OF THE PETITIONERS IN THE RESPONDENTS INSTITUTIONS.

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THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The captioned petitions are filed seeking the

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following reliefs:

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“1) Issue writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondents to extend the benefit of service weightage and to relaxation of age in the regulation and to bring in conformity with the Rules of regularization of their service of job of the petitioners in the respondents’ educational institutions, in the interest of justice and equity.

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2) Issue writ in the nature of certiorari or any other appropriate writ, order or direction and quash the Notification bearing No.SWD 70 MDS 2010, Bangalore dated 21.01.2011 Regulations issued by the 1^st respondent. Vide Annexure-A thereby amends the Cadre and Recruitment Regulations 2011 and to extend the benefit of service weightage and to

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6 - NC: 2024:KHC:5098 WP No. 24023 of 2023 C/W WP No. 21352 of 2023

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relaxation of age in the regulation and to bring in conformity with the Rules of regularization of their service of job of the petitioners in the respondents’ institutions.

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3) Issue any other writ or direction in the nature of writ which this Hon’ble court may deem fit, in the facts and circumstances of the above said case, in the interest of justice and equity.”

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Heard learned counsel for the petitioners and learned counsel appearing for the respondents.

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The issue relating to benefit of service weightage is given a quietus by this Court in a reported judgment rendered in the case of Morarji Desai/Ekalavya Residential Pre-University College vs. State of Karnataka¹ . This Court while considering the issue relating to grant of weightage has taken cognizance of the fact that under Regulations dated 07.08.2013, the provision for granting weightage was done away in respect of contract teachers. Therefore, the coordinate Bench declined to accede to the claim of the

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1 (2016) 08 Kar CK 0107

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NC: 2024:KHC:5098 WP No. 24023 of 2023 C/W WP No. 21352 of 2023

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petitioners in the said writ petition. If the amended Regulations does not provide for granting service weightage, this Court cannot issue any direction to provide weightage for the period of service rendered by the petitioner purely on temporary basis.

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On meticulous examination of the averments made in the petition, it is not forthcoming as to how the Principal has appointed petitioners on contract basis. Though petitioners admit that they are appointed purely on temporary basis but whether they are appointed by respondent No.2 or by outsourcing agency is not forthcoming. If petitioners are appointed on temporary basis and if there was no advertisement notifying the posts and if applications were not invited from the intending candidates, it not being an open competition and petitioners eligibility criteria was never taken into consideration and they were appointed through recruitment process. There is a lot of ambiguity and vagueness in the pleadings in the petition. Therefore, the

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8 - NC: 2024:KHC:5098 WP No. 24023 of 2023 C/W WP No. 21352 of 2023

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petitioners claim that they are entitled for regularization also cannot be acceded to for want of pleadings and documents in that regard.

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However, in identical cases, this Court has issued mandamus to respondent No.2 not to relieve those petitioners who are serving on ad-hoc basis against sanctioned posts until the said vacancies are filled through proper recruitment process. In that view of the matter, petitioners if they are still serving in the institution shall

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not be relieved by the respondents unless there is a permanent appointment against sanctioned posts.

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With these observations, I pass the following:

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ORDER

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(i) The writ petitions are allowed in part;

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(ii) The respondents are hereby directed not to relieve the petitioners if they are still rendering their service in the respondent No.2Society against the vacancies subject to filling

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NC: 2024:KHC:5098 WP No. 24023 of 2023 C/W WP No. 21352 of 2023

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up of those vacant posts through proper recruitment process.

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(iii) The pending interlocutory application, if any, does not survive for consideration and stands disposed of accordingly.

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Sd/JUDGE

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CA List No.: 2 Sl No.: 2

Kumari Vaibhavi v. the Principal Secretary

Case brief

What is this about?

What did the court decide?

Kumari Vaibhavi v. the Principal Secretary

Case brief

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