Disposed

Smt Radhika H P v. Mangalore University Mudipu- Konaje

Karnataka HC12 Jun 2024WP/5157/2024

Case brief

AI extract

What is this about?

Temporary employees of Mangalore University's Kodagu Post Graduate Centre challenged their termination following establishment of the separate Kodagu University and identification of sanctioned transferred posts. The court held such contractual employees could at most claim a Right of First Refusal if new temporary or contractual engagements arise.

What the court decided

AI extract

Smt Radhika H P Vs Mangalore University Mudipu… — Service and Employment | Karnataka HC (2024)

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NC: 2024:KHC:20783 WP No. 5157 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH 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. 5157 OF 2024 (S-RES)

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BETWEEN:

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SMT RADHIKA H P D/O PUTTARAJU H K AGED ABOUT 34 YEARS R/AT HEBBALE VILLAGE AND POST, SOMAWARPET TALUK KODAGU DISTRICT KARNATAKA-571232

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Digitally signed by ANAND N Location: HIGH COURT OF KARNATAKA

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SMT SAVITHA RANI T H D/O HARISH AGED ABOUT 41 YEARS, R/AT CHIKKA ALUVARA VILLAGE, THORENUR POST, KUSHALNAGAR TALUK KODAGU DISTRICT KARNATAKA-571232

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SMT CHAITRA P W/O PALAKSHA AGED ABOUT 40 YEARS, R/AT YAREHALLI VILLAGE KANATHUR POST, ALUR TALUK HASSAN DISTRICT KARNATAKA-571213

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NC: 2024:KHC:20783 WP No. 5157 of 2024

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SRI RAVIGOWDA J

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S/O JAYARAMEGOWDA AGED ABOUT 37 YEARS, R/AT BTK KOPPALU VILLAGE, BETTDA THUNGA POST PERIYAPATNA TALUK MYSORE DISTRICT KARNATAKA-571102

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SMT CHANDRIKA W/O SANTHOSH KUMAR T E AGED ABOUT 34 YEARS R/AT THORENUR VILLAGE AND POST, SOMAWARPET TALUK KODAGU DISTRICT KARNATAKA-571232

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SRI SWAMY K K S/O KRISHNEGOWDA AGED ABOUT 37 YEARS R/AT KEREKODI VILLAGE KONANUR POST ARAKALGUD TALUK HASSAN DISTRICT KARNATAKA-573130

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SRI SHIVAKUMAR T C S/O CHANDRASHEKHARA T L AGED ABOUT 34 YEARS, R/AT THORENUR VILLAGE AND POST, SOMAWARPET TALUK KARNATAKA-571232

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SRI PRATAP K S/O A H KRISHNEGOWDA AGED ABOUT 29 YEARS R/AT ANANDOOR VILLAGE,

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NC: 2024:KHC:20783 WP No. 5157 of 2024

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ARAKALAGUD TALUK HASSAN DISTRICT

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KARNATAKA-573150

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…PETITIONERS

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(BY SRI. MANMOHAN P N., ADVOCATE)

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AND:

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MANGALORE UNIVERSITY MUDIPU- KONAJE MANGALAGANGOTRI MANGALURU KARNATAKA-574199 REPRESENTED BY ITS REGISTRAR

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THE STATE OF KARNATAKA DEPARTMENT OF HIGHER EDUCATION (UNIVERSITIES-2) 3RD GATE, 7TH FLOOR M S BUILDING, DR AMBEDKAR ROAD AMBEDKAR VEEDHI BENGALURU KARNATAKA560001 REPRESENTED BY ITS UNDER SECRETARY

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KODAGU UNIVERSITY JNANA KAVERI CAMPUS CHIKKA ALUVARA KUSHALNAGAR KODAGU-571232 REPRESENTED BY ITS REGISTRAR

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…RESPONDENTS

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(BY SRI. RAJENDRA KUMAR SUNGAY T P., ADVOCATE FOR R1;

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SRI. NAVEEN CHANDRASHEKAR, AGA FOR R2; SRI. H.R.SHRIDHARA MURTHY, ADVOCATE FOR R3)

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NC: 2024:KHC:20783 WP No. 5157 of 2024

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 16.10.2023 BEARING NO.MAVI/KUSA/SIBBANDHI (E-2) / 46/2021 ANNEXURE-D ISSUED BY THE R1 AND CONSEQUENTLY DIRECT THE RESPONDENTS TO REINSTATE THE PETITIONERS IN SERVICE ALONG WITH ALL CONSEQUENTIAL BENEFITS.

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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 petitioners, who were working on temporary basis with the first respondent - Mangalore University but at its Post Graduate Centre in Kodagu District, have impugned the first respondent's order dated 16.10.2023 [ Annexure-D ]. The first respondent by this impugned order has terminated the petitioners’ services [and the services of others, in all about 410 persons] with effect from 16.10.2023.

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NC: 2024:KHC:20783 WP No. 5157 of 2024

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Sri. P. N. Manmohan, the learned counsel for the petitioners, submits that the petitioners have been in service though on temporary basis with the first respondent for substantially continuous period and therefore they could not have been relieved. On the other hand, Sri. T. P. Rajendra Kumar Sungay, the learned counsel for the first respondent, submits that the first respondent, with the establishment of a separate University for Kodagu District with effect from 10.10.2022, has undertaken the exercise of identifying the sanctioned post proportionate to the Colleges/Institutions that functioned under the first respondent within the Kodagu District and has issued appropriate orders for transfer of 49 nonteaching staff and that those who were found employed beyond the sanctioned posts have been relieved.

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Sri. H. R. Shridhara Murthy, the learned

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counsel for the third respondent [ the Kodagu

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NC: 2024:KHC:20783 WP No. 5157 of 2024

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University ], contends that as against the 49 nonteaching posts that stand transferred to the third respondent consequent to the decision of the first respondent, this respondent has on its rolls only 12 persons as against both Group 'C' and Group 'D' posts. The learned counsel is emphatic that in view of the terms of the Government Order dated 05.11.2022, no person can be appointed by the third respondent on temporary basis without the prior approval by the Government and accordingly, no person is appointed.

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In fact, this Court on the previous hearing date had recorded, for the respondents’ response, why the petition must not be disposed of directing the third respondent not to recruit any person on contract basis for the posts held by the petitioners unless they are extended the Right of First Refusal in view of the settled proposition that one set of

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NC: 2024:KHC:20783 WP No. 5157 of 2024

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temporary employees cannot be replaced by another set of temporary employees.

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Sri. T. P. Rajendra Kumar Sungay, and Sri. H. R. Shridhara Murthy underscore that the petitioners were only contractual employees and not against sanctioned posts. The petitioners, in that event because of the principle that one set of temporary employees cannot be replaced by another set of temporary employees, at the most may seek the Right of First Refusal and that too in the event the third respondent proposes to appoint anybody on temporary or contractual basis based on actual requirement, and not for any larger interest or relief. Therefore, the petition stands disposed of directing the third respondent to, in the event it proposes to engage any person for any work that was being discharged by the petitioners before the impugned Office Order dated 16.10.2023, extend an opportunity

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NC: 2024:KHC:20783 WP No. 5157 of 2024

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of Right of First Refusal in writing and then seek

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Government's approval for appointment.

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With this observation, the petition stands

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disposed of.

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SD/JUDGE

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Smt Radhika H P v. Mangalore University Mudipu- Konaje

Case brief

What is this about?

What the court decided

Smt Radhika H P v. Mangalore University Mudipu- Konaje

Case brief

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