Karnataka High Court
Shri. Shankar S/O. Pandit ... vs The State Of Karnataka on 2 March, 2021
Author: Hemant Chandangoudar
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 02ND DAY OF MARCH, 2021
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
Writ Petition No.100704/2021 (S-REG)
Between
1. Shri. Shankar S/o. Pandit Talakeri,
Age 45 years, Occ: Guest Lecturer
At Govt. First Grade College, Hunnur,
Tq. Jamkhandi, Dist. Bagalkot-587011.
2. Prakash S/o. Dyavappa Badiger,
Age 36 years, Occ: Guest Lecturer
At Govt. First Grade College, Hunnur,
Tq. Jamkhandi, Dist. Bagalkot-587011.
3. Arunkumar S/o. Ramachandra Gennur,
Age 46 years, Occ: Guest Lecturer,
At Govt. First Grade College for Women,
Jamkhandi, Tq. Jamkhandi,
Dist. Bagalkot -587011.
4. Parveen Babi Navaldar,
Age 38 years, Occ: Guest Lecturer,
At Govt. First Grade College for Women,
Jamkhandi, Tq. Jamkhandi,
Dist. Bagalkot-587011.
5. Mahalingappa S/o. Goolappa Meti,
Age 40 years, Occ: Guest Lecturer,
2
At Govt. First Grade College,
Rabakavi - Banahatti, Tq. Jamkhandi,
Dist. Bagalkot-587311.
6. Sadashiv S/o. Bhagavant Chalawadi,
Age 37 years, Occ: Guest Lecturer,
At Govt. First Grade College for women,
Jamkhandi, Tq. Jamkhandi,
Dist. Bagalkot - 587011.
...Petitioners
(By Sri. Santosh S. Hattikatagi, Advocate)
And
1. The State of Karnataka,
Reptd. by its Prl. Secretary,
Dept. of Education (Higher Education)
M.S.Building, Dr. Ambedkar Veedhi,
Bengaluru-560001.
2. The Commissioner of Collegiate Education,
Sheshadri Road, Bengaluru-01
... Respondents
(By Sri. Vinayak S. Kulkarni, AGA for respondents)
This writ petition is filed under Articles 226 & 227 of the
Constitution of India praying to (a) issue a writ in the nature of
mandamus by directing the respondents to consider the case of
the petitioners for regularization/absorption on the services of
the petitioners on permanent basis to the appropriate posts in
their respective Government Institutions by declaring that the
petitioners are entitled for regularization/absorption on
permanent basis.
3
This writ petition coming on for Orders, this day, the Court
made the following:
ORDER
Petitioners have invoked the writ jurisdiction under Article
226 of the Constitution of India, seeking for direction to the
respondents to consider the case of the petitioners for
regularization/absorption of their services on permanent basis to
the appropriate posts in their respective Government
Institutions.
2. It is submitted by both the counsels appearing for
the parties that, the subject matter of the writ petition is covered
by the decision of co-ordinate Bench of this Court in
W.P.No.226108/2020, disposed of on 09.09.2020, at Annexure-
C.
3. A co-ordinate Bench of this Court in
W.P.No.226108/2020, relying upon an earlier decision rendered
in W.P.No.51342/2016, has stated as follows:
"In the above circumstances, this writ petition is
succeeds in part; a writ of mandamus issues to the
respondents to consider the case of petitioners for
regularization/absorption within the parameters of
aforesaid judgment of the Co-ordinate Bench and in
accordance with law, preferably within an outer limit of
three months; the respondents are directed not to
discontinue the services of the petitioners, and not to
alter their service conditions prejudicially till after such
consideration takes place.
It is open to the answering respondents to solicit
any information or documents from the side of the
petitioners as are necessary for such consideration,
however subject to the rider that in the guise of
solicitation, no delay shall be brooked."
4. In view of the submission of both the learned
counsel, this writ petition is also disposed of in the same terms.
Sd/-
JUDGE
*Svh/-
