Case brief
What is this about?
Absorption/regularisation of sanitary workers ('part-time sweepers' performing full-time duties since 1985) of KPTCL, BESCOM, CESCOM, MESCOM, HESCOM and GESCOM; quashing of endorsements dated 16.06.2023, 21.12.2023 and 19.03.2024 rejecting absorption claims; parity with allowed writ petitions W.P. Nos.43037-43041/2015 (H.M. Kotresh v. BESCOM) and finality of Division Bench judgment dated 24.01.2025 in Writ Appeal No.34/2021 (KPTCL v. Nagaraj B.R.); reliance on Supreme Court decisions in Jaggo, Dharam Singh, Shripal and Sukhendu Bhattacharjee; writs of certiorari and mandamus under Articles 226 and 227; reconsideration by respondent No.3 within three months; liberty for fresh representations; contentions kept open.
What did the court decide?
Both writ petitions allowed. Impugned endorsements quashed: (a) bearing No.KPTCL/B110/13992/2020-21 dated 21.12.2023 issued by respondent No.3 vide Annexures-S to S9 to petitioner Nos.1 to 10 and other petitioners; (b) bearing No.KPTCL/B110/13989/2020-21 dated 16.06.2023 issued to petitioner Nos.1, 3 and 8; and (c) bearing No.KPTCL/B110/13992/2020-21 dated 19.03.2024 issued to petitioner No.2 vide Annexures-K to K3. Respondents directed to reconsider the case of the petitioners in terms of the judgments in Jaggo, Dharam Singh, Shripal and Sukhendu Bhattacharjee and pass an appropriate order in accordance with law within three months from receipt of a copy of the order. Liberty reserved to the petitioners to make fresh representations, which the respondents shall consider and dispose of by an appropriate order. All contentions of both parties kept open. Pending interlocutory applications disposed of.