Sri P Sudarshan Vs the Commissioner — Writ and Judicial Review | Karnataka HC (2025)

Sri P Sudarshan Vs the Commissioner — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: (a) third respondent to forward an appropriate proposal for regularization of the period 26.11.2007 to 13.07.2011 to the second respondent within 45 days; (b) second respondent, on receipt of the proposal, to take appropriate steps to consider the representation dated 14.05.2024 (Annexure-L) along with the proposal and take an appropriate decision within two months thereafter.

Issue for consideration

Whether the petitioner's representation dated 14.05.2024 (Annexure-L) seeking regularization of the period out of service from 26.11.2007 to 13.07.2011, for purposes of salary/pay, increment, seniority and pension, ought to be considered, and by which respondents and within what time.

Court's answer

The period during which the petitioner, working as Junior Training Officer at the third respondent-Institute, was out of service between 26.11.2007 and 13.07.2011 requires to be regularized in accordance with law for the purpose of pay, pension and seniority.

Ratio / Principle

The third respondent-Institute was directed to forward an appropriate proposal for regularization of the petitioner's services for the period 26.11.2007 to 13.07.2011 to the second respondent within 45 days, and upon receipt of the proposal the second respondent was directed to consider the petitioner's representation dated 14.05.2024 (Annexure-L) along with the proposal and take an appropriate decision within two months thereafter.

Detailed headnote1 paragraphs

Service dispute (S-DIS) before the High Court of Karnataka at Bengaluru (Justice S.G. Pandit, single judge; order dated 06.02.2025). The petitioner, a Junior Training Officer at the third respondent-Institute (appointed 31.03.1998, approved 05.05.1998), was terminated on 26.11.2007 following a complaint that he concurrently worked as Hereditary Archak of Prasanna Someshwaraswamy Temple, Mulbagal. His earlier writ petition W.P.No.716/2008 was allowed by this Court on 11.03.2011, quashing the termination, and he resumed duty on 13.07.2011 (intimated to the second respondent under Communication dated 14.07.2011, Annexure-K). Seeking regularization of the interregnum 26.11.2007 to 13.07.2011 for pay/salary, increment, seniority and pension through representation dated 14.05.2024 (Annexure-L), filed under Articles 226 and 227 of the Constitution of India, the Court held that the out-of-service period requires to be regularized in accordance with law for pay, pension and seniority, and disposed of the petition by directing the third respondent-Institute to forward an appropriate proposal to the second respondent (Joint Director) within 45 days, and the second respondent to consider the representation along with the proposal and decide within two months thereafter. No monetary amount was fixed; the Additional Government Advocate (for R1 and R2) stated such a proposal, if forwarded by the Institute, would be considered in accordance with law.

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NC: 2025:KHC:5421 WP No. 22377 of 2024

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6^TH DAY OF FEBRUARY, 2025

BEFORE

THE HON'BLE MR JUSTICE S.G.PANDIT

WRIT PETITION NO. 22377 OF 2024 (S-DIS)

BETWEEN:

SRI P SUDARSHAN S/O LATE R. PRABHAKAR DEEKSHIT, AGED ABOUT 54 YEARS, WORKING AS JUNIOR TRAINING OFFICER, MARUTHI INSTITUTE OF TECHNOLOGY AND CRAFTS, INDUSTRIAL TRAINING INSTITUTE, KADARIPURA, SRINIVASPURA ROAD, MULBAGAL, KOLAR DISTRICT – 563131.

…PETITIONER

(BY SRI. SUMKH SHASTRY R., ADV. FOR SRI SATISH K., ADV.)

AND:

Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA

THE COMMISSIONER DEPARTMENT OF EMPLOYMENT AND TRAINING, KOUSHALYA BHAVANA, DAIRY CIRCLE, BHANNERGHATTA ROAD BENGALURU - 560029.

THE JOINT DIRECTOR DEPARTMENT OF EMPLOYMENT AND TRAINING, KOUSHALYA BHAVANA, DAIRY CIRCLE, BHANNERGHATTA ROAD BENGALURU - 560029.

THE PRINCIPAL MITC INDUSTRIAL TRAINING INSTITUTE, MULBAGAL TOWN, KOLAR DISTRICT – 563131.

…RESPONDENTS

(BY SRI. V SHIVAREDDY, AGA FOR R1 & R2 R3 IS SERVED)

2 - NC: 2025:KHC:5421 WP No. 22377 of 2024

THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM RESPONDENTS; DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 14.05.2024 GIVEN BY THE PETITIONER (ANNEXURE-L) AND CONSEQUENTLY REGULARISE THE SERVICES FROM 26.11.2007 TO 13.07.2011 AS PERIOD SPENT ON DUTY AND REFIX THE NOTIONAL SALARY, EXTEND THE INCREMENT, PROTECTING THE SENIORITY FOR THE PURPOSE OF PAY AND PENSION AND INCLUDING THE COST OF THIS WRIT PETITION.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B; GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT

ORAL ORDER

The petitioner, working as Junior Training Officer in

the third respondent–Industrial Training Institute is before this Court praying for a writ of mandamus to consider his representation dated 14.05.2024 (Annexure-L) wherein he has sought for regularization of period from 26.11.2007 to 13.07.2011 during which period, he was out of service.

Heard the learned counsel Sri.Sumukh Shastry.R., for Sri.Satish.K., learned counsel for petitioner and learned Additional Government Advocate Sri.V.Shivareddy for respondent Nos.1 and 2. Perused the writ petition papers.

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Learned counsel for the petitioner would submit that he was initially appointed as Junior Training Officer in the third respondent-Institute on 31.03.1998 and his appointment was approved by second respondent on 05.05.1998. The petitioner was also appointed as Hereditary Archak of Prasanna Someshwaraswamy Temple in Mulbagal temporarily. A complaint came to be filed against the petitioner stating that petitioner is working at two places as Hereditary Archak and as Junior Training Officer in the third respondent – Institute. On the said complaint, the services of the petitioner as Junior Training Officer was terminated by order dated 26.11.2007. The said order was the subject matter of W.P.No.716/2008. This Court by order dated 11.03.2011 allowed the writ petition, quashed the impugned order of termination. Thereafter, the petitioner is said to have reported to duty on 13.07.2011 which was intimated to the second respondent by third respondent-Management under Communication dated 14.07.2011 (Annexure-K).

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NC: 2025:KHC:5421 WP No. 22377 of 2024

It is the grievance of the petitioner that the

period from 26.11.2007 to 13.07.2011 is not regularized for the purpose of salary, increment, seniority and pension. It is submitted that in that regard, petitioner has submitted representation as at Annexure-L dated 14.05.2024. The said representation is pending consideration. Hence, he prays for a direction to consider the said representation.

Per contra, learned Additional Government Advocate Sri.V.Shivareddy for respondent Nos.1 and 2 would submit that if the third respondent-Institute forwards the appropriate proposal, the same would be considered in accordance with law.

The petitioner who is working as Junior Training Officer at third respondent-Institute was out of service between 26.11.2007 to 13.07.2011. The said period requires to be regularized in accordance with law for the purpose of pay, pension and seniority. The third

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respondent-Institute is required to forward appropriate proposal to the respondent Nos.1 and 2. On forwarding the proposal, respondent Nos.1 and 2 are directed to consider the representation of the petitioner. In that circumstance, the following:

ORDER

a) The third respondent is directed to forward appropriate proposal for regularization of the services of the petitioner between the period from 26.11.2007 to 13.07.2011 to the second respondent within a period of 45 days from today.

b) On receipt of proposal from the third respondent, the second respondent shall take appropriate steps to consider the representation of the petitioner dated 14.05.2024 (Annexure-L) along with the proposal forwarded by the second

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respondent and take appropriate decision

within two months thereafter.

c) With the above, writ petition stands

disposed of.

Sd/(S.G.PANDIT) JUDGE

NC CT:bms List No.: 1 Sl No.: 46