HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI
W.P.No.29627 OF 2021
ORDER:
This Writ Petition is filed seeking the following relief:
"to issue a writ or order or direction, more particularly one in the nature of writ of mandamus declaring the action of the respondents in not regularizing the services of the petitioner as Lab Attender with regular time scale of pay fixed to the post of the Lab Attender (vocational) in the Government Junior College though the petitioner has completed 27 years of service in the sanctioned post is arbitrary, illegal, unjust and violation of Articles 14, 16 and 21 of the Constitution of India and law laid down in the judgment of Secretary, State of Karnataka and others Vs Umadevi and others reported in 2006(4) SCC 1 and State of Punjab vs Jagjith Singh reported in 2017 (1) SCC 148, consequently direct the respondents to regularize the services of the petitioner from the date of his respective appointment and to pay all attendant consequential and ancillary benefits including all pay and allowances as applicable on par with the Regular Lab Attendants by extending the benefit of the law laid down in the Judgment reported in 2006 (4) SCC 1 in the interest of justice."
02. Heard Smt Jurispath, learned counsel for the petitioner, and learned Government Pleader for Higher Education appearing for the respondents.
03. The grievance of the petitioner is that he is working as Lab Attender (vocational) with the respondents and though he has put in 27 years of service, the respondents are not regularizing his services nor extending the time scale of pay attached to the post of Lab Attender.
04. Learned counsel appearing for the petitioner contended that though the issue as to whether temporary employees are entitled to regular time scale of pay attached to the post of Lab Attender, was adjudicated by the Apex Court in State of Punjab vs. Jagjith Singh1, the respondents are not extending the same to the petitioner. Learned counsel further contended that appropriate orders be passed in the writ petition directing the respondents to extend 1 2017 (1) SCC 148 minimum time scale of pay attached to the post of Lab Attender by duly considering the law laid down by the Apex Court referred to supra.
5. Learned Government Pleader appearing for the respondents contended that the petitioner has not submitted any representation to the respondents, let the petitioner submits a fresh representation to the respondents, then the respondents would consider the same and pass appropriate orders in accordance with law.
06. Having considered the rival submissions made by the learned counsel in either side, this Writ Petition can be disposed of directing the petitioner to submit a fresh representation to the respondents staking his claim for grant of minimum time scale of pay attached to the post of Lab Attender, within a period of two weeks from the date of receipt of a copy of this order. On receipt of such representation, the respondents shall consider the same and pass appropriate orders strictly in terms of the law laid down by the Apex Court in State of Punjab vs. Jagjith Singh, within a period of eight weeks thereafter. No costs.
Pending Miscellaneous Petitions, if any, shall also stand closed.
_____________________________________ JUSTICE ABHINAND KUMAR SHAVILI Date: 23.11.2021 rkk