Quashed

Sri. N.C. Cheluvaiah v. the State of Karnataka

Karnataka HC22 Jun 2024WP/42874/2015

Case brief

AI extract

What is this about?

Group 'D' employees of the Central Relief Committee sought regularization under the Karnataka State Civil Service (Special Recruitment of Local Candidates) Rules 1986 but were directed to be treated as daily wage employees. The court held their pre-1983 appointment and brief disruption did not disqualify them, quashed the rejecting order, and directed pay fixation, seniority, leave and pension dec

What did the court decide?

Impugned order dated 22.05.2015 quashed; second respondent to decide Pay Fixation, Seniority, Leave and Pensionary Benefits under Rule 5 of 1986 Rules within three months.

Sri. N.C. Cheluvaiah Vs the State of… — Pension and Retirement Benefits | Karnataka HC (2024)

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NC: 2024:KHC:22715 WP No. 42874 of 2015

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 22^ND DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 42874 OF 2015 (S-RES)

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BETWEEN:

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SRI. N.C. CHELUVAIAH S/O SRI.CHELUVAIAH AGED ABOUT 59 YEARS, WORKING AS WATCHMAN, NIRASHITARA PARIHARA KENDRA, MYSORE-19

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Digitally signed by ANAND N

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Location: HIGH COURT OF KARNATAKA

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SMT.FATHIMA D/O KASEEM SAB.M.D., AGED ABOUT 55 YARRS, WORKING AS SWEEPER, NIRASHRITARA PARIHARA KENDRA, BIDDAPUR COLONY, AFZALPUR ROAD, KALABURAGI, KALABURAGI DISTRICT

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SRI.GOPALA KRISHNAIAH SINCE DEAD REP BY HIS LRS

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3(A) SMT. NAGARATHNA W/O. LATE SRI. GOPALA KRISHNAIAH AGED ABOUT 60 YEARS

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3(B) SMT. GEETHA D/O. LATE SRI. GOPALA KRISHNAIAH

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AGED ABOUT 40 YEARS

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3(C) SRI. CHANDRASHEKHAR S/O. LATE SRI. GOPALA KRISHNAIAH AGED ABOUT 31 YEARS

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ALL ARE RESIDING AT NONAVINA KERE HOBLI NELLIKERE POST MOOGTHIHALLI THIPTUR TALUK

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…PETITIONERS (BY SRI. VIJAY KUMAR., ADVOCATE FOR P1 TO P3(A TO C); V/O. DATED 31.05.2024 STEPS TO BRING THE LRS OF THE DECEASED PETITIONER NO.3(C) STANDS D/W)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BYITS PRINCIPAL SECRETARY, SOCIAL WELFARE AND LABOUR DEPARTMENT, M.S.BUILDING, SACHIVALAYA, BANGALORE-560001

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THE SECRETARY CENTRAL RELIEF COMMITTEE, MAGADI MAIN ROAD, BANGALORE-560023

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THE DEPUTY COMMISSIONER AND CHAIRMAN OF LOCAL RELIEF COMMITTEE, MYSORE DISTRICT

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THE DEPUTY COMMISSIONER AND CHAIRMAN OF

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LOCAL RELIEF COMMITTEE, KALABURAGI, KALABURAGI MYSORE DISTRICT

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THE DEPUTY COMMISSIONER AND CHAIRMAN OF LOCAL RELIEF COMMITTEE, SHIMOGGA, SHIMOGGA DISTRICT

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THE SUPERINTENDENT NIRASHRITARA PARIHARA KENDRA MYSORE-19

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THE SUPERINTENDENT NIRASHRITARA PARIHARA KENDRA BIDDAPUR COLONY, AFZALPUR ROAD, KALABURAGI, KALABURAGI DISTRICT

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THE SUPERINTENDENT NIRASHRITARA PARIHARA KENDRA TAVANEKOPPA, SHIMOGGA, SHIMOGGA DISTRICT

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…RESPONDENTS (BY SRI. NAVEEN CHANDRASHEKAR, AGA FOR R1 TO R8)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS RELATING TO ISSUE OF THE IMPUGNED ORDER DT.22.5.2015 PASSED BY THE R-2 VIDE ANNX-P AND AFTER PERUSAL SET ASIDE THE SAME IN SO FAR AS IT RELATES TO DENIAL OF REGULARIZATION IN THE POST IN WHICH THE

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NC: 2024:KHC:22715 WP No. 42874 of 2015

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PETITIONERS DISCHARGING THE DUTIES; DIRECT THE R-2 TO CONSIDER THE CLAIM OF PETITIONERS FOR REGULARIZATION UNDER THE KARNATAKA STATE CIVIL SERVICES (SPECIAL RECRUITMENT OF LOCAL CANDIDATES) RULES, 1986 VIDE ANNX-G AND GRANT ALL CONSEQUENTIAL BENEFITS THAT THE PETITIONERS WOULD BE ENTITLED TO.

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

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ORDER

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The petitioners, who were admittedly employed as Group 'D' employees with the Central Relief Committee which has its units across the State, are aggrieved by the second respondent's order dated 22.05.2015 [ Annexure-P ]. The second respondent by this order dated 22.05.2015 has rejected the petitioners' request for regularization by appointment under the Karnataka State Civil Service (Special Recruitment of Local Candidates) Rules 1986 [for short, ' the 1986 Rules' ]. The second respondent has opined that the petitioners’ request must be

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NC: 2024:KHC:22715 WP No. 42874 of 2015

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considered essentially under the Karnataka Daily Wage Employees Welfare Act, 2012.

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The petitioners' grievance as against this impugned order must necessarily be considered in the light of what emerges as indisputable facts from the submissions of Sri. Vijay Kumar, the learned counsel for the petitioners, and Sri. Naveen Chandarshekar, the learned Additional Government Advocate for the respondents. The petitioners were appointed with the Central Relief Committee Centre at Hassan in the year 1982 and they continued to be in employment along with Smt. Katumbi as of 05.07.1983. In the year 1984, their services were terminated citing that their appointment was on contract, but only to be reappointed again but with its Centre at Kalburgi.

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The provisions of the 1986 Rules provide

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for appointment of the Local Candidates as permanent employees with appropriate Pay Fixation,

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NC: 2024:KHC:22715 WP No. 42874 of 2015

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Seniority, Leave and Pension. The provisions in these regards are in Rules 4 and 5 of 1986 Rules, and as to who would be a Local Candidate for the purposes of this Rule, there is reference to Rule 8 (27-A) of the Karnataka Civil Services Rules. The Rule 8 (27-A) of these Rules define a "Local Candidate" as a temporary Government servant not appointed regularly as per rules of recruitment to that service . Given the definition as aforesaid, it remains indisputable that the petitioners would be Local Candidates and therefore, are entitled to be appointed under 1986 Rules subject to otherwise coming within the terms of these Rules.

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The State Government, on 09.07.1986, has issued the Official Memorandum prescribing the methodology to be followed to appoint Local Candidates under the 1986 Rules, and as could be seen from this Official Memorandum, a Local Candidate would be entitled for appointment under

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NC: 2024:KHC:22715 WP No. 42874 of 2015

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these Rules if he or she was appointed on or before 05.07.1983 and was in service as of 04.07.1986. The petitioners, who were admittedly appointed prior to 05.07.1983 were in service as of 04.07.1986.

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This Court must opine that the temporary disruption in the petitioners’ services in the year 1984 [ because they are in the meanwhile re-appointed with another Centre ] cannot take away the eligibility that is created in them. This right cannot be denied on a conjoint reading of the 1986 Rules and the Official Memorandum. The second respondent should have considered the petitioners' case under the 1986 Rules and they could not have been treated as " Daily Wagers ". This Court must next refer to the fact that Smt. Katumbi, who is similarly placed as the petitioners inasmuch as she was also appointed in the year 1982 and was in employment as of 04.07.1986 with a disruption as in the case of the petitioners, is treated a Local Candidate and is given

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NC: 2024:KHC:22715 WP No. 42874 of 2015

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the benefit of appointment with consequential financial benefits.

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Therefore, the petitioners not only in their

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own right but also on the ground of parity will be entitled to be appointed as Local Candidates under 1986 Rules, and therefore, the impugned Annexure-P cannot be sustained and the petition must be allowed with appropriate directions to the second respondent. Hence, the following:

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ORDER

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[a] The petition is allowed, and the impugned order dated 22.05.2015 [ Annexure-P ] is quashed directing the second respondent - the Secretary, Central Relief Committee - to decide on

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the Pay Fixation, Seniority, Leave and Pensionary Benefits as is contemplated under Rule 5 of the 1986 Rules within a period of three [3] months from the

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