Two KREIS contract non-teaching employees sought regularization. The Court declined mandamus for regularization but held they cannot be terminated at expiry of contract term or replaced by temporary employees until vacant sanctioned posts are filled through proper recruitment.
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NC: 2024:KHC:12948 WP No. 7188 of 2024 C/W WP No. 8752 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.7188 OF 2024 (S-RES)
C/W
WRIT PETITION NO.8752 OF 2024 (S-RES)
IN WRIT PETITION NO.7188/2024
BETWEEN:
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
SRI.S.NATESH S/O N SHIVANNA AGED ABOUT 46 YEARS ASSISTANT ENGINEER (ELECT) KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY KARNATAKA SAHAKARA MAHAMANDALI BUILDING 6TH /7TH FLOORS NO.8, MSB-1, CUNNINGHAM ROAD BENGALURU-560052.
…PETITIONER
(BY SRI. NARAYANA SWAMY K B, ADVOCATE)
AND:
NC: 2024:KHC:12948 WP No. 7188 of 2024 C/W WP No. 8752 of 2024
B.R AMBEKDAR ROAD BENGALURU-560001
…RESPONDENTS
(BY SMT.B.SUKANYA BALIGA, AGA FOR R.1; SRI.A.NAGAIAH, ADVOCATE FOR R.2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO REGULARIZE THE SERVICES OF THE PETITIONER WITH R-2 AND ETC.
IN WRIT PETITION NO.8752/2024
BETWEEN:
SRI.GIRIMALLAPPA S. TONASHYAL @ GIRISH S/O SHANKARAPPA AGED ABOUT 44 YEARS JUNIOR ENGINEER (CIVIL) KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY KARNATAKA SAHAKARA MAHAMANDALI BUILDING 6TH /7TH FLOORS
NO.8, MSB-1, CUNNINGHAM ROAD BENGALURU-560052.
…PETITIONER
(BY SRI. NARAYANA SWAMY K B, ADVOCATE)
AND:
…RESPONDENTS
(BY SMT.B.SUKANYA BALIGA, AGA FOR R.1;
SRI.A.NAGAIAH, ADVOCATE FOR R.2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO REGULARIZE THE SERVICES OF THE PETITIONER WITH R-2 AND ETC.
THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners in both petitions are non-teaching staffs serving at respondent No.2 – residential school. The petitioners have approached this Court seeking regularization of their services with respondent No.2 as per Annexure-G dated 06.05.2023 and Annexure-J dated 06.05.2023 respectively.
petitions. Mandamus is issued to the respondents not to replace the non-teaching staffs by another set of temporary employees unless vacant sanctioned posts are filled through proper recruitment process. This Court in batch of petitions at para Nos.13 to 15 has held as under:
“13. The insistence on regular appointments of teachers/lecturers aligns with the broader objectives of institutional stability, academic continuity, and the welfare of the teaching staff. The Supreme Court's stance against replacing temporary employees with other temporary employees underscores the importance of transitioning towards a more stable and permanent workforce. Moreover, the fulfillment of approximately 2353 vacant posts represents a significant step in addressing the long-standing issue of understaffing, and it would be incongruous to fill these positions with temporary appointments while qualified and experienced temporary lecturers are available for regularization. The respondents, given the substantial number of vacancies, should prioritize the regularization of the existing temporary/adhoc/guest lecturers or teachers. This approach not only adheres to established legal principles but also serves the institutional interest by fostering stability,
NC: 2024:KHC:12948 WP No. 7188 of 2024 C/W WP No. 8752 of 2024
academic continuity, and the well-being of the teaching staff.
14. In light of these considerations, it is imperative for the respondents to recognize the tenure and contributions of the petitioners and refrain from arbitrary termination or replacement practices. Failure to do so would not only violate the legitimate rights of the petitioners but also undermine the principles of equity and justice that form the bedrock of our legal system.
15. The records reveal that though there are 8831 sanctioned posts of teachers, only 3613 are appointed as permanent teachers and vide Recruitment Notification, 2859 teachers are selected by the Selection Authority (KPSC). Therefore, there are still substantial posts vacant. If sanctioned posts are vacant and against the sanctioned posts, guest Teachers/Lecturers who are serving cannot be disturbed and the respondent-KREIS is bound to continue the services of those guest Teachers/Lecturers who are rendering the services against sanctioned posts till those vacant posts are filled by appropriate recruitment process.”
on the ground that their status is on contract based employment. The respondents shall not terminate the services of the petitioners at the expiration of contract term. The petitioners shall not be relieved till the sanctioned vacant posts are filled by following recruitment process in accordance with law. Petitioners could not have been replaced by another set of temporary employees.
ORDER
(i) The writ petitions are allowed in part;
(ii) The relief of mandamus to consider the petitioners for regularization cannot be considered in the light of the judgment rendered in batch of petitions on identical set of facts.
(iii) Respondent No.2 shall not relive the petitioners till the posts are held to be filled through proper recruitment process.
(iv) The pending interlocutory application, if any, does not survive for consideration and stands disposed of accordingly.
SD/JUDGE
NBM
List No.: 1 Sl No.: 7
1 issue framed by the court
Whether contract non-teaching staff of KREIS can be regularized and protected from termination or replacement pending recruitment to vacant sanctioned posts?
1 provisions across 1 enactments
Sri. S. Natesh
Sri. Girimallappa S. Tonashyal @ Girish
The State of Karnataka, Social Welfare Department
The Executive Director, Karnataka Residential Educational Institutions Society
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
