Partly allowed

Kum Pallavi R S v. the Secretary

Karnataka HC21 Feb 2024WP/318/2022

Case brief

AI extract

What is this about?

In a writ petition challenging notifications regarding FDA posts, this High Court addressed the regularization of guest teachers, service weightage, and age relaxation. The Court allowed the petition in part, directing respondents not to relieve petitioners if serving against sanctioned posts pending proper recruitment, noting the service weightage claim had been clubbed by a prior judgment.

What did the court decide?

Respondents are directed not to relieve petitioners if still rendering service against vacancies subject to filling those posts through proper recruitment.

Kum Pallavi R S Vs the Secretary — 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 21^ST DAY OF FEBRUARY, 2024

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BEFORE

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THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

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WRIT PETITION NO.318 OF 2022 (S-RES)

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BETWEEN:

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1 . KUM PALLAVI R S D/O SHIVAKUMAR AGE ABOUT 25 YEARS WORKING AS FDA CUM COMPUTER OPERATOR SMT. INDIRA GANDHI RESIDENTIAL SCHOOL (BC 367), MANICHENDRU TURUVEKRE TQ TUMKURU DIST

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2 . SRI. DYANAIL S/O DEVENDAR AGED 31 YEARS WORKING AS A PHYSICAL EDUCATON TEACHER MORARJI DESAI RESIDENTIAL SCHOOL (B C 501), AURAD B, AURAD TQ BIDAR DIST 585326

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3 . SRI. SUNIL S/O LALAPPA AGED 37 YEARS WORKING AS ASST MATHS TEACHER DR.B.R.AMBEDKAR ENGLISH MEDIUM RESIDENTIAL SCHOOL (S C 821) DABAKA (WANAMARAPALLI), AURAD TQ BIDAR DIST 585326

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4 . SRI. SANTOSH

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S/O SHANKAR AGED 30 YEARS WORKING AS A HINDI TEACHER DR B R AMBEDKAR ENGLISH MEDIUM RESIDENTIAL SCHOOL (SC 821) DABAKA (WANAMARAPALLI), AURAD TQ BIDAR DIST 585326

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5 . SRI. RAJASHEKAR S/O KASHINATH AGED ABOUT 29 YEARS, WORKING AS KANNADA TEACHER MORARJI DESAI RESEDENTIAL SCHOOL (SC 348) KAMATANA, BIDAR TQ, BIDAR DIST-585402

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6 . SRI. SHIVAKUMAR S/O RAMANNA AGED 33 YEARS WORKING AS A SOCIAL SCIENCE TEACHER MORAJRI DESAI MODEL RESIDENTIAL SCHOOL SC 355, KONMELKUNDA, BHALKI TEMPLE BIDAR DIST 585413

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7 . SMT SUREKHA D/O KASHINATH AGED 39 YEARS WORKING AS A KANNADA TEACHER DR B R AMBEDKAR ENGLISH MEDIUM RESIDENTIAL SCHOOL (SC 821), DABAKA KAMALANAGAR TQ, BIDAR DIST 585326

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8 . SRI RAMESH S/O SHARANAPPA AGED 32 YEARS WORKING AS A KANNADA TEACHER MORARJI DESAI MODEL RESIDENTIAL SCHOOL (SC 347) SANTHPUR, AURAD(B) TQ BIDAR DIST 585421

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9 . SRI. IMANUWEL S/O SHANKAR AGED 34 YEARS WORKING AS ENGLISH TEACHER MORARJI DESAI MODEL RESIDENTIAL SCHOOL SC 347, SANTHAPUR, AURAD (B) TQ BIDAR DIST 585421

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10 . SMT. SUVARNA D/O BASAWARAJ AGED 30 YEARS WORKING AS KANNADA TEACHER MORAJI DESAI RESIDENTIAL SCHOOL BC 349, BAGDAL, BIDAR TQ AND DIST 585226

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11 . SRI. SATISH SHIVARAJ SAJJANSHETTY AGED ABOUT 35 YEARS WORKING AS SOCIAL SCIENCE TEACHER MORARJI DESAI RESIDENTIAL SCHOOL (SC 353) HULSOOR, HULSOOR TQ BIDAR DIST 585416

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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 SECRETARY SOCIAL WELFARE DEPT STATE OF KARNATAKA VIKAS SOUDHA, BANGALORE 1

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2 . THE SECRETARY KARNATAKA PUBLIC SERVICE COMMISSION PARK HOUSE ROAD, BANGALORE 1

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3 . KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY, REPD BY ITS EXECUTIVE DIRECTOR KARANTAKA STATE CO-OPERATIVE BOARD BUIDING 6 AND 7 FLOOR, NEAR CHANDRIKA HOTEL CUNNINGHAM ROAD, BANGALORE 560052

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4 . THE DEPUTY DIRECTOR SOCIAL WELFARE DEPT TUMKUR, TUMKUR DIST 572201

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5 . THE DEPUTY DIRECTOR AND DIST OFFICER BACKWARDS CLASSES WELFARE DEPT AND SOCIAL WELFARE DEPT BIDAR, BIDAR DIST 585402

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…RESPONDENTS

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(BY SMT. PRATHIBHA, AGA FOR R1, R4 & R5; SMT. M.R. SINCHANA, ADVOCATE FOR R2; SRI NAGAIAH, ADVOCATE FOR R3)

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THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION BEARING NO.R(2) 1084/17-18/PSC DTD.23.6.2017 ISSUED BY THE R-2 VIDE ANNEXURE-B IN RESPECT OF FDA POSTS AND ETC.,

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THIS PETITION COMING ON FOR DICTATING ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The captioned petition is filed by the petitioners who are

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working as FDA cum computer operator and Guest teachers. Petitioner No.1 who is working as a FDA cum computer

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operator is challenging the notification dated 23.06.2017 issued by respondent No.2. Petitioners are also seeking mandamus to direct the respondents to extend the benefit of service wieghtage and relaxation of age and a mandamus is sought to consider the representation dated 25.07.2019 as per Annexure-E, wherein a request is made to regularize the petitioners service.

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Heard learned counsel for the petitioners and

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learned counsel appearing for the respondents.

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Respondent No.3 has filed statement of objections in connected petition. Respondent No.3 in his statement of objections has brought to the notice of this Court that respondent No.3 in order to fill the sanctioned posts, made a request to Karnataka Public Service Commission (KPSC) to appoint various sanctioned posts and the KPSC has accordingly issued Recruitment notification on 23.06.2017 to fill up various categories of 3376 posts. Pursuant to

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notification, applications were invited and written examination was conducted and KPSC has verified the testimonials of the provisionally selected candidates and has issued a final selection list. Respondent No.3 on receipt of selected candidates list, has issued appointment orders except in one case relating to Hindi Teacher which was seized in W.P.No.8523/2020.

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If these significant details are looked into, in absence of selected candidates and the fact that recruitment notification is dated 23.06.2017, this Court is not inclined to grant any indulgence insofar as prayer (1) is concerned.

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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 PreUniversity 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 1 (2016) 08 Kar CK 0107

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07.08.2013, the provision for granting weightage was done

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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 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 petitioners purely on temporary basis.

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On meticulous examination of the averments made

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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 were appointed by respondent No.3 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, petitioners eligibility criteria was never taken into

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consideration and they were never 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 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.3 not to relieve guest teachers 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.3-Society against the vacancies subject to filling 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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Kum Pallavi R S v. the Secretary

Case brief

What is this about?

What did the court decide?

Kum Pallavi R S v. the Secretary

Case brief

What is this about?

What did the court decide?

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