The court dismissed the petitioner's claim for promotion as a daily wage employee has no right to claim promotion based on Karnataka Supreme Court law, but directed the respondents to dispose of a pending representation.
Directed the respondents to dispose of the pending representation dated 01.09.2013.
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THE HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY
WRIT PETITION No. 21864 OF 2014
ORDER:
This writ petition is filed questioning the inaction of the respondents in disposal of the representation dated 01.09.2013 to consider the petitioner for the post of Junior Assistant or above in the vacancies available with the 4th respondent alleging that the petitioner was appointed as daily wage employee and completed his graduation in Science, acquired qualification of Typewriting Higher both in English and Telugu and Diploma in Computer Applications and DTP. It is further alleged that along with the petitioner, two other colleagues were appointed in the same cadre and they were promoted to higher post. However, the petitioner’s request dated 17.11.2011 was not considered without any reason and therefore sought the aforesaid relief.
Undisputedly, the petitioner was appointed as a daily wage employee and no right is conferred on such employee to claim promotion either to the post of Junior Assistant or any other post above junior assistant, either on regular basis or on daily wage basis in view of Law declared by the Apex Court in Secretary, State of Karnataka
v. Umadev i[1] . However, it is the case of the petitioner that the respondents did not dispose of his representation dated 17.11.2011. In view of the pendency of the representation since long time, I find that it is a fit case to issue a direction to the respondents to dispose of the representation of the petitioner dated 01.09.2013, if it is pending and consider the request, if rules permits.
With the above direction, the writ petition is disposed of. No costs.
Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
___________________________________
M. SATYANARAYANA MURTHY, J
Date: 18.04.2016 BV
[1] (2006) 4 SCC 1
1 issue framed by the court
Whether a daily wage employee has a right to claim promotion or regular posting despite having completed qualifications.
Colour shows how this judgement treated each authority
Secretary, State of Karnataka v. UmadevDistinguished¶5
Secretary, State of Karnataka v. Umadev
Petitioner
Respondents
M. Satarayarayana Murthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
