This single judge bench directed opposite parties to regularize the petitioner's services after finding he rendered over 18 years of service on monthly remuneration, applying the Umadevi ratio.
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C.M.P. No.1360 of 2015 W.P.(C) No.30241 of 2020
2 10.11.2020 This matter is taken up through Video Conferencing. Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner has filed this application seeking for a direction to the opposite parties to regularize his services taking into account his continuous service of more than 18 years, as has been done in favour of the other similarly situated persons as per Government Circular and in terms of the principle decided in Secretary State of Karnataka and Others v. Umadevi (3) and Others : (2006) 4 SCC 1 and in State of Karnataka & others Vrs. M.L. Kesari & others involving SLP(C) No.15774/2006.
Learned counsel for the petitioner submits that the petitioner was engaged on daily wage basis. He has already rendered more than 18 years of service under the opposite parties and therefore, seeks for regularization of services in view of the judgment passed by the Hon’ble apex Court in Secretary State of Karnataka and others v. Umadevi (3) and others (2006) 4 SCC 1 and in State of Karnataka & others Vrs. M.L. Kesari & others involving SLP(C) No.15774/2006.
Considering the contentions raised by the learned counsel for the petitioner and after going through the records, it appears that the petitioner has rendered service for more than 18 years on monthly remuneration basis. Therefore, the case of the petitioner is squarely covered by the ratio decided in the cases cited supra. In that view of the matter, this Court disposes of this Writ Petition directing the opposite parties to consider the case of the petitioner and regularize his services keeping in view the judgment in the case of Secretary State of Karnataka C.M.P. No.1360 of 2015 W.P.(C) No.19996 of 2020 -2- and others v. Umadevi (3) and others (2006) 4 SCC 1 and in State of Karnataka & others Vrs. M.L. Kesari & others involving SLP(C) No.15774/2006 and also the resolution of the G.A. Department
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dated 17.09.2013, within a period of four months from the date of communication of a copy of this order by the petitioner and grant consequential service benefits as due admissible to him. It is further directed that in the event the petitioner is still continuing in service, status quo as on today in respect of the services of the petitioner shall be maintained till a decision is taken in the matter by the opposite parties in terms of the above direction.
Petitioner may utilize the soft copy of this order available in the High Court’s Website or print out thereof at par with certified copies in the manner prescribed vide Court’s Notification No.4587 dated 25.3.2020.
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2 issues framed by the court
Whether the petitioner's case for regularization of services is covered by the ratio in Umadevi and M.L. Kesari given his continuous service exceeding 18 years.
Whether the petitioner directed to be regularized and consequential service benefits granted.
Colour shows how this judgement treated each authority
Secretary State of Karnataka and Others v. Umadevi (3) and OthersApplied¶3
Secretary State of Karnataka and Others v. Umadevi (3) and Others : (2006) 4 SCC 1 · Who else cites this
State of Karnataka & others Vrs. M.L. Kesari & othersApplied¶3
State of Karnataka & others Vrs. M.L. Kesari & others involving SLP(C) No.15774/2006
2 provisions across 2 enactments
Petitioner
Opposite parties
BISWANATH RATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
