Partly allowed

Smt Esther Rani v. the Secretary Social Welfare Department

Karnataka HC6 Feb 2024WP/27722/2023

Case brief

AI extract

What is this about?

Temporary/contract staff of residential schools sought service weightage and regularization. The Court held weightage was done away by amended Regulations and regularization claims failed for want of pleadings, but directed that serving 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 in respondent No.2 Society until vacant posts are filled through proper recruitment process.

Smt Esther Rani Vs the Secretary Social Welfare… — Service and Employment | Karnataka HC (2024)

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NC: 2024:KHC:5096 WP No. 27722 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. 27722 OF 2023 (S-RES)

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BETWEEN:

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SMT ESTHER RANI

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D/O AROKIYASWAMY AGED ABOUT 28 YEARS

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WORKING AS A FDA CUM COMPUTER OPERATOR KITTUR RANI CHANNAMMA MODEL RESIDENTIAL SCHOOL (ST-414), BHOOVANAHALLI MANANGI POST, SIRA TALUK TUMKUR DIST-572139

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SRI CHIKKANNA N S/O POO NINGAPPA AGED ABOUT 33 YEARS

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Digitally signed by ALBHAGYA Location: HIGH COURT OF KARNATAKA

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WORKING AS A FDA CUM COMPUTER OPERATOR MORARJI DESAI RESIDENTIAL SCHOOL(SC-77) BHUVANAHALLI, MANANGI POST SIRA TALUK, TUMKUR DISTRICT-572139

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SMT MANJULA W/O SHIVANNA AGED ABOUT 33 YEARS WORKING AS A WATHCMAN EKALAVYA RESIDENTIAL SCHOOL(ST-601) DEVARAKOTTA, HIRIYUR TALUK CHITRADURGA DIST-577546

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…PETITIONERS

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(BY SRI. JAGDISH SHASTRI, ADVOCATE)

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2 - NC: 2024:KHC:5096 WP No. 27722 of 2023

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AND:

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THE SECRETARY SOCIAL WELFARE DEPARTMENT AND SCHEDULED TRIBES WELFARE DEPT STATE OF KARNATAKA

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VIKAS SOUDHA, BANGALORE-1

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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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THE DEPUTY DIRECTOR SOCIAL WELFARE DEPARTMENT TUMKUR, TUMKUR DIST-572101

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THE DISTRICT TRIBES WELFARE OFFICER SCHEDULED TRIBES WELFARE DEPARTMENT CHITRADURGA

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CHITRADURGA DISTRICT-577501

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…RESPONDENTS

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(BY SRI.B.RAVINDRANATH, AGA FOR R1 & R3 & R4; 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

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3 - NC: 2024:KHC:5096 WP No. 27722 of 2023

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RULES OF REGULARIZATION OF THEIR SERVICE OF JOB OF THE PETITIONERS IN THE RESPONDENTS EDUCATIONAL INSTITUTIONS AND ETC.,

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THIS PETITION, 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 petition is filed seeking the following

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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 relaxation of age in the regulation and to bring in conformity with the Rules of regularization of their

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4 - NC: 2024:KHC:5096 WP No. 27722 of 2023

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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

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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 petitioners in the said writ petition. If the amended

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1 (2016) 08 Kar CK 0107

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NC: 2024:KHC:5096 WP No. 27722 of 2023

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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 petitioners were appointed on contract basis. Though petitioners admit that they are appointed purely on temporary basis but whether they were 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 petitioners claim that they are entitled for regularization

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NC: 2024:KHC:5096 WP No. 27722 of 2023

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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 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 petition is 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 up of those vacant posts through proper recruitment process.

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NC: 2024:KHC:5096 WP No. 27722 of 2023

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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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List No.: 2 Sl No.: 3

Smt Esther Rani v. the Secretary Social Welfare Department

Case brief

What is this about?

What did the court decide?

Smt Esther Rani v. the Secretary Social Welfare Department

Case brief

What is this about?

What did the court decide?

What the court decided

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