S Shivakumar Vs University of Agricultural Science

MANJULA GAYAKAWAD W/O MANOHAR S.D AGED ABOUT 45 YEARS NO. 31/A, SUBHADRA NILAYA MUNIKEMPANNA LAYOUT HEBBAL KEMPAPUR, DASARAHALLI MAIN ROAD, BENGALURU- 560024

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MANUPATIL G.R S/O REVANASIDDAPPA G.K AGED ABOUT 40 YEARS NO. 37/1, 10^TH F MAIN, NISARAGA LAYOUT, NAGARJUNA COLLEGE ROAD, ANANTHAPURA, BENGALURU-560064

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KESHAVAPPA.V S/O VENKATAGIRIYAPPA AGED ABOUT 44 YEARS R/A KODENAHALLI VILLAGE

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MUDUVADI POST KOLAR- 563126

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SHILPA .P W/O SADASHIVA .S AGED ABOUT 44 YEARS DOOR NO.6, KUVEMPU BLOCK DAR POLICE QUARTERS, M.B. ROAD, KOLAR-563101

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N. NARASHIMA MURTHY S/O NARASIMHAIAH AGED ABOUT 46 YEARS NO.2387,16^TH CROSS, SANJIVINI NAGAR, NEAR COCA COLA FACTORY, SAHAKARANAGAR POST, BANGLORE-560092

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PUSHPARANI. N W/O PARAMESHWARAPPA. J AGED ABOUT 42 YEARS NO. 207, 2^ND FLOOR, DURGA NANDANA APARTMENT AMBA BHAVANI TEMPLE ROAD, SHAMARAJAPURA, BENGALURU-560097

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ANANDA M.N

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S/O LATE NAJUNDASWAMY N. AGED ABOUT 50 YEARS C/O R. KARTHIK NO.220, SHETTARA BEEDI, HALAGURU, MALAVALLI TALUK MANDYA-571421

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SHWETHA.N W/O VINAY M.P AGED ABOUT 45 YEARS NO. 64, 1^ST MAIN, 1^ST CROSS, KODIGEHALLI, THINDLU MAIN ROAD,

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VIRUPAKSHAPURA KODIGEHALLI-560097

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PRASHANTHA GOWDA H.M S/O MAHESHA H.B AGED ABOUT 33 YEARS R/A HULLENAHALLI, DUDDA HOBALI MANDYA-571405

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ADARSHA. D S/O DEVENDRA K.T R/A NO.126, KALIKAMBA NILAYA OPP: JEEVAN SANJE OLD AGE HOUSE AGED ABOUT 36 YEARS POLICE LAYOUT, SWAMY VIVEKANANDA GOPALA EXTENSNOIN, BADAVANE GADIKOPPA, NEAR GOOD LUCK CIRCLE SHIVAMOGGA-577205.

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…PETITIONERS (BY SRI. BELLE R., ADVOCATE)

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AND:

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UNIVERSITY OF AGRICULTURAL SCIENCE REPRESENTED BY ITS REGISTRAR, AGRICULTURAL COLLEGE, GKVK CAMPUS, BENGALURU-560065.

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…RESPONDENT

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(BY SRI. R SRINIVASA GOWDA., ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO:

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(I) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS AT ANNEXURE-A AND

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A1, DATED 02.07.2025 AND DIRECT THE RESPONDENTS TO IMMEDIATELY INITIATE ACTIONS AND COMPLETE THE PROCESS OF REGULARIZATION OF THE SERVICES OF THE PETITIONERS AND ISSUED APPOINTMENT ORDERS IMMEDIATELY.

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(II) ISSUE A DIRECTION IN NATURE OF MANDAMUS TO THE RESPONDENTS TO DEDUCT THE P.F HENCE FORTH AND TO GIVE THE P.F FOR ALL THESE YEARS OF SERVICES RENDERED AND OTHER BENEFITS.

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(III) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT TO GIVE EQUAL PAY FOR EQUAL WORK FROM THE DATE OF JOINING TILL THEY ARE REGULARIZED.

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(IV) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT TO EXTEND ALL OTHER CONSEQUENTIAL MONITORY BENEFITS AND ALSO FOR PAYMENT OF THE MINIMUM WAGES BY IMPLEMENTING THE 7^TH PAY SCALE TILL THE DATE OF THEIR REGULARIZATION.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

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ORAL ORDER

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The petitioners have filed this writ petition seeking for a mandamus directing the respondents to consider the set of representations vide Annexures ‘A’ and ‘A1’.

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Brief facts leading rise to the filing of this petition are as follows:

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The petitioners are working as Assistants, Librarians, Messengers, Typists and Computer Operators for more than 15 years in the respondent's University and they are working against the vacant sanctioned posts and are working in the same posts from the date of their appointment. They submitted a set of representations to the respondent-University to continue their services vide Annexures ‘A’ and ‘A1’. The respondent-University has not passed any order

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on the representations submitted by the petitioners.

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Hence, this petition.

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Heard the learned counsel for the petitioners and the learned counsel for the respondent-University.

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Learned counsel for the petitioners submits that the petitioners have been working in different departments for more than 15 years and are entitled for regularisation and she submits that the similarly placed employees have been continued in their services. The petitioners have submitted representations vide Annexures ‘A’ and ‘A1’, requesting to continue their services. However, the respondent-University has not considered their representations and passed any orders. Hence, she prays to issue a direction to the respondentUniversity to consider the representations of the petitioners vide Annexures ‘A’ and ‘A1’ and pass orders on the said representations.

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Learned counsel for the respondent-University submits that if reasonable time is granted, the respondent-University would consider the representations of the petitioners vide Annexures ‘A’ and ‘A1’ in accordance with law.

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Perused the records and considered the submissions of the learned counsel for the parties.

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Though the petitioners are working in the respondent-University for more than 15 years on contract basis, the said contract came to be expired during the pendency of this writ petition. The petitioners submitted representations vide

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Annexures ‘A’ and ‘A1’ for continuation of their services. The respondent-University, without passing any order on the said representations, is not allowing the petitioners to discharge their duty.

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In view of the submissions made by the learned counsel for the respondent-University, that the

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respondent-University would consider the

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representations vide Annexures ‘A’ and ‘A1’ and pass

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orders, I proceed to pass the following order:

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ORDER

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(i) The writ petition is allowed ;

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(ii) The respondent-University is directed to consider the representations of the petitioners vide Annexures ‘A’ and ‘A1’ and pass an appropriate order in accordance with law within eight weeks from the date of receipt of a copy of this order.

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(iii) Learned counsel appearing for the respondent-University submits that if the petitioners have discharged their duty, the respondent-University would disburse their salaries. The submission is placed on record. If the petitioners have discharged their duty, the respondent-University is directed to disburse the salaries to the petitioners within three weeks from today.

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(iv) In view of the disposal of the petition, all pending interlocutory applications, stand disposed of .

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Sd/(ASHOK S.KINAGI) JUDGE

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RK CT:KHV List No.: 1 Sl No.: 20

S Shivakumar v. University of Agricultural Science

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S Shivakumar v. University of Agricultural Science

Case brief

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