Partly allowed

Sri. Chandrappa. K. N. v. the Principal Secretary

Karnataka HC6 Feb 2024WP/3363/2024

Case brief

AI extract

What is this about?

A contract physical education teacher sought continuation in service, service weightage, regularization and equal pay. The court denied weightage and regularization claims but directed that he not be relieved until vacancies are filled through proper recruitment.

What did the court decide?

Petitioner not to be relieved from service against sanctioned vacancy until filled through proper recruitment; other prayers rejected.

Sri. Chandrappa. K. N. Vs the Principal… — Pension and Retirement Benefits | Karnataka HC (2024)

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1 - NC: 2024:KHC:5051 WP No. 3363 of 2024

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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. 3363 OF 2024 (S-RES)

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BETWEEN:

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SRI. CHANDRAPPA. K. N. S/O NARAYANAPPA K, AGED ABOUT 43 YEARS, WORKING AS A PHYSICAL EDUCATION TEACHER, MORARJI DESAI RESIDENTIAL SCHOOL (ST-632) KASABA, RANEBENUR TALUK, HAVERI DIST. C/O HANUMESHAPPA K, NO 14, KAUSHALYA NILAYA, 2^ND CROSS, BEHIND CHITRAKOOTA SCHOOL, NAGADEVANAHALLI, BANGALORE-560056.

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…PETITIONER

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(BY SRI. JAGDISH SHASTRI, ADVOCATE)

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Digitally signed by ALBHAGYA Location: HIGH COURT OF KARNATAKA

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AND:

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

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NC: 2024:KHC:5051 WP No. 3363 of 2024

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CUNNINGHAM ROAD, BANGALORE 560052.

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THE DEPUTY DIRECTOR SOCIAL WELFARE DEPARTMENT, HAVERI, HAVERI DIST-581110.

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…RESPONDENTS

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(BY SRI.B.RAVINDRANATH, AGA)

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1) DIRECT THE RESPONDENTS TO CONTINUE THE SERVICE OF THE PETITIONER AS A TEACHER AS HE WAS WORKING AS AGAINST THE SANCTIONED VACANT POST IN KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY TILL REGULAR RECRUITMENT IS TAKEN PLACE IN ACCORDANCE WITH LAW AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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) Direct the respondents to constitute the service of the petitioner as a teacher as he was working as against the sanctioned vacant post in Karnataka Residential Educational Institutions Society till regular recruitment is taken place in accordance with law.

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2) Direct the respondents to pay the scale attached to the post of a teacher as specified in the

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3 - NC: 2024:KHC:5051 WP No. 3363 of 2024

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regulation of society to the petitioner on the principal of equal pay for equal work as held by the Hon’ble Supreme Court in 2017 (1) SCC 148 and consequently direct the respondents to pay the difference of arrears of salary to the petitioner from the date of appointment with all other consequential benefit under the fact and circumstances of the case.

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3) 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 petitioner in the respondents’ institutions, in the interest of justice and equity.

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4) 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 petitioner and learned counsel appearing for the respondents.

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The issue relating to benefit of service

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weightage is given a quietus by this Court in a reported

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NC: 2024:KHC:5051 WP No. 3363 of 2024

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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 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

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made in the petition, it is not forthcoming as to how the Principal has appointed petitioner on contract basis. Though petitioner admit that he is appointed purely on temporary basis but whether he is appointed by respondent No.2 or by outsourcing agency is not

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1 (2016) 08 Kar CK 0107

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5 - NC: 2024:KHC:5051 WP No. 3363 of 2024

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forthcoming. If petitioner is appointed on temporary basis and if there was no advertisement notifying the posts and

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if applications were not invited from the intending candidates, it not being an open competition, petitioner’s eligibility criteria was never taken into consideration and was appointed through recruitment process. There is a lot of ambiguity and vagueness in the pleadings in the petition. Therefore, the petitioner’s claim that he is 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, petitioner if he is 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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NC: 2024:KHC:5051 WP No. 3363 of 2024

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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 petitioner if he is still rendering his 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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(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.: 1 Sl No.: 19

Sri. Chandrappa. K. N. v. the Principal Secretary

Case brief

What is this about?

What did the court decide?

Sri. Chandrappa. K. N. v. the Principal Secretary

Case brief

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What did the court decide?

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