Partly allowed

Sri. Nataraja M N v. the Principal Secretary

Karnataka HC6 Feb 2024WP/7254/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka partially allowed a writ petition by teachers seeking regularization. The Court ruled that service weightage cannot be granted as regulations do not provide for it for contract teachers, but directed the Society not to relieve ad-hoc teachers serving in sanctioned posts until vacancies are filled via proper recruitment.

What did the court decide?

Respondents directed not to relieve petitioners from their current service in sanctioned posts until the posts are filled through proper recruitment.

Sri. Nataraja M N Vs the Principal Secretary — Labour and Industrial Disputes | Karnataka HC (2024)

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1 - NC: 2024:KHC:5097 WP No. 7254 of 2023

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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. 7254 OF 2023 (S-RES)

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BETWEEN:

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SRI. NATARAJA M N S/O NANJEGOWDA M.K. AGE ABOUT 52 YEARS WORKING AS A ASST. CRAFT TEACHER, MORARJI DESAI RESIDENTIAL SCHOOL, M.D. HOSUR (DUDDA), ATTAVARA POST, TALUK AND DIST. HASSAN.

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Digitally signed by ALBHAGYA Location: HIGH COURT OF KARNATAKA

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SMT. NAINAVATI W/O UMAKANTH GUDAGE AGE ABOUT 52 YEARS WORKING AS A ASST. CRAFT TEACHER, MORARJI DESAI RESIDENTIAL SCHOOL, BETBALKUNDA TQ, BASAVAKALYAN, DIST. BIDAR-585401.

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SMT. SHAHINA TASLIM S.A. D/O LATE SYEDABBAS AGE ABOUT 54 YEARS, WORING AS A HINDI TEACHER, SRIMATHI INDIRA GANDHI RESIDENTIAL SCHOOL(SC-101, B. DURGA, HOLALKERE TALUK, CHITRADURGA DIST.

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SMT. SAMATHA A. M. D/O NAGABHUSHANAYYA A. M. AGE ABOUT 34 YEARS

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NC: 2024:KHC:5097 WP No. 7254 of 2023

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WORKING AS A SCIENCE GUEST TEACHER(CBZ), MORARJI DESAI RESIDENTIAL SCHOOL (S.C-92), HALUVAGALU, HARAPANAHALLI TALUK, VIJAYANAGAR DIST. 583213.

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SRI JAGADISH S/O SHRIKANTH AGE ABOUT 33 YEARS WORKING AS A SOCIAL SCIENCE GUEST TEACHER, MORARJI DESAI RESIDENTIAL SCHOOL(BC-502), BHALKI DIST, BIDAR-585328.

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SRI. SANJEEV KUMAR S/O SITARAM RATHOD AGE ABOUT 41 YEARS, WORKING AS A STAFF NURSE, SRIMATHI INDIRA GANDHI RESIDENTIAL SCHOOL (SC-637), KHAJURI, TALUK ALAND, DIST. KALABURGI-585314.

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PRADEEP BHEEMARAO GODBOLE AGE ABOUT 34 YEARS WORKING AS A ENGLISH GUEST TEACHER, MORARJI DESAI MODEL RESIDENTIAL SCHOOL (SC-242) MARAGUR, INDI TALUK, VIJAYAPUR DIST-586204.

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SRI. KARIYAPPA CHOUDANAIKAR S/O PALAPPA C AGED 42 YEARS WORKING AS A SOCIAL GUEST TEACHER, ATAL BIHARI VAJAPAYEE RESIDENTIAL SCHOOL AND COLLAGE, HALUVAGALU, HARAPANAHALLI TALUK, VIJAYANAGAR DIST.

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…PETITIONERS

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(BY SRI. JAGDISH SHASTRI, ADVOCATE)

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3 - NC: 2024:KHC:5097 WP No. 7254 of 2023

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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 (IT'S UNDER TAKING GOVT.) REPTD. BY ITS EXECUTIVE DIRECTOR, KARNATAKA STATE CO-OPERATIVE BOARD BUILDILNG, 6 AND 7 FLOOR, NEAR CHANDRIKA HOTEL, CUNNINGHAM ROAD, BANGALORE-560052.

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

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…RESPONDENTS

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(BY SRI.B.RAVINDRANATH, AGA FOR R1; SRI.NAGAIAH, ADVOCATE FOR R2;

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SMT.M.R.SINCHANA, ADVOCATE FOR R3)

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO REGULARIZES SERVICE OF JOB OF THE PETITIONERS OR 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 PETITIONERS IN THE RESPONDENTS EDUCATIONAL INSTITUTIONS AND ETC.,

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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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NC: 2024:KHC:5097 WP No. 7254 of 2023

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ORDER

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The captioned petition is filed seeking the following reliefs:

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“1) Issue writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondents to regularizes service of job of the petitioners or 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 petitioners in the respondents’ educational institutions, in the interest of justice and equity.

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2) Issue writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondents to implied the guideline made in the Karnataka Residential Education Institutions Society (Cadre and Recruitment) Regulations 2011 dated 21/01/2011 provided at page 27, Sl.No.18 and 19 and Sl.No. of post in schedule-1 i.e., 32 & 33 for the post of Arts and Craft teachers and Drawing teacher vide Annexure-A, issued by the 1^st respondent. And the petitioners are entitle per the this Hon’ble High order dated 13/07/2012 made in W.P.No.2020420364/2011 and connected matters vide AnnexureE, to meet the ends of justice.

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5 - NC: 2024:KHC:5097 WP No. 7254 of 2023

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3) Issue writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondents to re-do the process of selection by extending the benefit of service weightage to the petitioners in the present recruitment notification bearing No.PSC 01 RT (4) B-3/2016 dated 03.11.2016 issued by the 3^rd respondent vide Annexure-G, 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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2. Heard learned counsel for the petitioners and

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learned counsel appearing for the respondents.

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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

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Desai/Ekalavya Residential Pre-University 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

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1 (2016) 08 Kar CK 0107

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NC: 2024:KHC:5097 WP No. 7254 of 2023

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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 petitioners were appointed on contract basis. Though petitioners admit that they are appointed purely on temporary basis but whether they were appointed by respondent No.2 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 and petitioners eligibility criteria was never taken into

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NC: 2024:KHC:5097 WP No. 7254 of 2023

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consideration and they were 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.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, 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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NC: 2024:KHC:5097 WP No. 7254 of 2023

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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.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.: 2 Sl No.: 1

Sri. Nataraja M N v. the Principal Secretary

Case brief

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Sri. Nataraja M N v. the Principal Secretary

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