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The State Of Karnataka vs Sri. S. T. Narayana Gowda
2021 Latest Caselaw 3783 Kant

Citation : 2021 Latest Caselaw 3783 Kant
Judgement Date : 10 November, 2021

Karnataka High Court
The State Of Karnataka vs Sri. S. T. Narayana Gowda on 10 November, 2021
Bench: S.Sujatha, S Rachaiah
     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 10TH DAY OF NOVEMBER, 2021
                          PRESENT
           THE HON'BLE MRS.JUSTICE S. SUJATHA
                             AND
           THE HON'BLE MR.JUSTICE S. RACHAIAH


           WRIT PETITION No.6285/2021 (S-KSAT)
                             c/w.
           WRIT PETITION No.6284/2021, (S-KSAT)
           WRIT PETITION No.6378/2021 (S-KSAT)


W.P.No.6285/2021

BETWEEN:

1. THE STATE OF KARNATAKA
   REP. BY ITS SECRETARY
   DEPARTMENT OF PUBLIC WORKS,
   PORTS & INLAND WATER TRANSPORT
   3RD FLOOR, VIKASA SOUDHA
   BENGALURU - 560 001

2. THE CHIEF ENGINEER
   NATIONAL HIGHWAY ZONE
   K.R. CIRCLE,
   BENGALURU - 560 001

3. THE ASSISTANT EXECUTIVE ENGINEER
   NATIONAL HIGHWAY SUB-DIVISION
   K.R. CIRCLE, BENGALURU - 560 001
                                             .. PETITIONERS

(BY SRI.ARUNA SHYAM .M., AAG
a/w. SMT.SHILPA S. GOGI, HCGP)     (PHYSICAL HEARING)
                              2




AND:

SRI.B.RAJANNA
S/O. LATE BASAVARAJU
AGED ABOUT 57 YEARS
WORKING AS ASSISTANT ENGINEER
OFFICE OF THE
ASSISTANT EXECUTIVE ENGINEER
NATIONAL HIGHWAY SUB-DIVISION
BENGALURU - 560 001                        .. RESPONDENT

(BY SRI.RANGANATH S.JOIS, ADVOCATE) (VC)

                             ---

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO

  (a)   CALL FOR RECORDS PERTAINING TO THE ORDER
        DT.26.08.2020 IN APPLICATION NO.1430/2019 PASSED BY
        THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, AT
        BENGALURU;

  (b)   ISSUE WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE
        WRIT, ORDER OR DIRECTION TO QUASH / SET-ASIDE THE
        ORDER DT. 26.08.2020 PASSED BY THE KARNATAKA STATE
        ADMINISTRATIVE    TRIBUNAL    AT    BENGALURU   IN
        APPLICATION NO.1430/2019 (ANNEXURE-C); AND

  (c)   DISMISS THE APPLICATION NO.1430/2019 FILED BY THE
        RESPONDENT     BEFORE    THE   KARNATAKA    STATE
        ADMINISTRATIVE TRIBUNAL, BENGALURU.


W.P.No.6284/2021

BETWEEN:

1. THE STATE OF KARNATAKA
   REP. BY ITS SECRETARY
   DEPARTMENT OF PUBLIC WORKS,
   PORTS & INLAND WATER TRANSPORT
   3RD FLOOR, M.S. BUILDING
                                  3




   BENGALURU - 560 001

2. THE CHIEF ENGINEER
   (C & D), K.R. CIRCLE
   BENGALURU - 560 001

3. THE ASSISTANT EXECUTIVE ENGINEER
   NO.2, SUB-DIVISION
   CHANNAPATTANA
   RAMANAGARA DISTRICT - 562159
                                                 .. PETITIONERS
(BY SRI.ARUNA SHYAM .M., AAG
a/w. SMT.SHILPA S. GOGI, HCGP)         (PHYSICAL HEARING)

AND:

SRI.S.T.NARAYANA GOWDA
S/O. S.K.THIMME GOWDA
AGED ABOUT 60 YEARS
WORKING AS JUNIOR ENGINEER
OFFICE OF THE
ASSISTANT EXECUTIVE ENGINEER
PWD SUB-DIVISION, NO.2
CHANNAPATTANA
RAMANAGARA DISTRICT

RESIDING AT D.T.RAMU CIRCLE
PWD QUARTERS, CHANNAPATTANA
RAMANAGARA DISTRICT - 562 160                    .. RESPONDENT

(BY SRI.RANGANATH S.JOIS, ADVOCATE) (VC)

                                 ---

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO

  (a)    CALL FOR RECORDS PERTAINING TO THE ORDER
         DT.26.08.2020 IN APPLICATION NO.3367/2019 PASSED BY
         THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, AT
         BENGALURU;
                                  4




  (b)      ISSUE WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE
           WRIT, ORDER OR DIRECTION TO QUASH / SET-ASIDE THE
           ORDER DT. 26.08.2020 PASSED BY THE KARNATAKA STATE
           ADMINISTRATIVE    TRIBUNAL    AT    BENGALURU   IN
           APPLICATION NO.3367/2019 (ANNEXURE-B); AND

  (c)      DISMISS THE APPLICATION NO.3367/2019 FILED BY THE
           RESPONDENT    BEFORE     THE   KARNATAKA    STATE
           ADMINISTRATIVE TRIBUNAL, BENGALURU.


W.P.No.6378/2021

BETWEEN:

1. THE STATE OF KARNATAKA
   REP. BY ITS SECRETARY
   DEPARTMENT OF PUBLIC WORKS, PORTS
   & INLAND WATER TRANSPORT (SERVICES) C-1
   3RD FLOOR, M.S. BUILDING
   BENGALURU - 560 001

2. THE CHIEF ENGINEER
   (C & D), K.R. CIRCLE
   BENGALURU - 560 001

3. THE EXECUTIVE ENGINEER
   DEPARTMENT OF PUBLIC WORKS
   PORTS AND INLAND WATER TRANSPORT
   SUB-DIVISION, GUBBI TALUK
   TUMAKURU DISTRICT - 572 101
                                               .. PETITIONERS

(BY SRI.ARUNA SHYAM .M., AAG
a/w. SMT.SHILPA S. GOGI, HCGP)       (PHYSICAL HEARING)


AND:

SRI.JAGADEESHAIAH
SINCE DECEASED, REP. BY LRs.,
VIDE COURT ORDER DT.27.10.2021
                                 5




1(a) SMT. SHASHIKALA R
      W/O. LATE JAGADEESHAIAH
      AGED 49 YEARS
      R/O. NO.AMSHAJA NILAYA
      KEB LAYOUT,
      NEAR LAKSHMI THEATER
      BATWADI, TUMKUR

1(b) ANKITH J
      S/O. LATE JAGADEESHAIAH
      AGED 26 YEARS
      R/O. NO.AMSHAJA NILAYA
      KEB LAYOUT,
      NEAR LAKSHMI THEATER
      BATWADI, TUMKUR
                                      .. RESPONDENTS

(BY SRI.RANGANATH S.JOIS, ADVOCATE) (VC)

                             ---

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO

  (a)   CALL FOR RECORDS PERTAINING TO THE ORDER
        DT.26.08.2020 IN APPLICATION NO.4881/2019 PASSED BY
        THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, AT
        BENGALURU;

  (b)   ISSUE WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE
        WRIT, ORDER OR DIRECTION TO QUASH / SET-ASIDE THE
        ORDER DT. 26.08.2020 PASSED BY THE KARNATAKA STATE
        ADMINISTRATIVE    TRIBUNAL    AT    BENGALURU   IN
        APPLICATION NO.4881/2019 (ANNEXURE-B); AND

  (c)   DISMISS THE APPLICATION NO.4881/2019 FILED BY THE
        RESPONDENT     BEFORE    THE   KARNATAKA    STATE
        ADMINISTRATIVE TRIBUNAL, BENGALURU.


  THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY,
S.RACHAIAH J., MADE THE FOLLOWING:
                                6




                            ORDER

Since common and akin issues are involved in these

matters they are taken up together and disposed of by this

common order.

2. These writ petitions are filed by the petitioner/State

challenging the common order dated 26.08.2020 passed by the

Karnataka State Administrative Tribunal at Bengaluru ("Tribunal"

for short) dated 26.08.2020 in application Nos.1430/2019,

3367/2019 and 4881/2019.

In W.P No.6285/2021

3. The respondent was working as Assistant Engineer in

Public Works Department on daily wage basis ever since his

initial appointment i.e. with effect from 07.05.1986 as against

the vacant post. His service was terminated with effect from

25.02.1988. He has approached the Labour Court against the

termination. The Labour Court allowed the reference and

directed to re-instate the respondent. The State Government

has filed W.P Nos.33401/2002 C/w 25911/2002 challenging the

award of the Labour Court. This Court, on 27.03.2006 dismissed

the writ petition and confirmed the order of the Labour Court.

4. The respondent further submits that several Junior

Engineers/ Assistant Engineers have been appointed on contract

basis and have been regularized by order dated 29.09.1994 even

in the absence of vacant post. Hence, they also seek

regularization on principle of parity with other employees.

5. Sri.Aruna Shyam, learned Additional Advocate

General representing the State submits that the respondent was

not appointed to the sanctioned post and he is not having

continuity of service, hence the Government has rightly issued

the endorsement. Further, learned Additional Advocate General

submits that viewed from any angle, the respondent is not

eligible to be regularized. The Tribunal ought not to have

considered the applications. Since the Tribunal has committed

an error in setting aside the endorsement issued by the

Government, the petitioner has approached this Court seeking to

set aside the order passed by the Tribunal, hence, he prays to

allow the petition.

In W.P No.6284/2021

6. The respondent in W.P No.6284/2021 was working

as a Junior Engineer with effect from 25.07.1983 in the office of

the Assistant Executive Engineer No.2, Sub Division, Public

Works Department, Channapatna. His service was terminated

without an order with effect from 19.05.1985. As against the

termination, he filed a reference before the Labour Court. The

Labour Court allowed the reference and directed for

reinstatement. Since the Government has not implemented the

orders of the Labour Court, he has approached this Court

seeking direction to implement the order of the Labour Court.

This Court, by order dated 01.07.2003 directed the Government

to implement the award of the Labour Court, against which, the

State Government had filed a writ petition before this Court in

W.P No.25648/2004 seeking to set aside the award passed by

the Labour Court. This Court dismissed the writ petition with a

direction to implement the award and directed the payment of

back wages to the respondent herein. The respondent herein

has made a representation to the Government stating that he

has completed 33 years in the department and hence, requested

the authority to regularize him also on par with other similarly

placed employees. The same came to be rejected by the

Government vide endorsement dated 31.01.2019, against which,

the respondent herein approached the Tribunal seeking to set

aside the endorsement. The Tribunal after considering the

material and facts of the case allowed the petition by setting

aside the endorsement issued by the Government dated

31.01.2019.

7. Sri.Aruna Shyam, learned Additional Advocate

General representing the State submits that the respondent was

not appointed as against the sanctioned post and he is not

having continuity of service, hence the Government has rightly

issued the endorsement. Further, learned Additional Advocate

General submits that viewed from any angle, the respondent is

not eligible to be regularized, the Tribunal ought not to have

considered the applications, since the Tribunal has committed an

error in setting aside the endorsement issued by the

Government, the petitioner has approached this Court seeking to

set aside the order passed by the Tribunal, hence, he prays to

allow the petition.

8. Per contra, Sri.Ranganath S.Jois, learned counsel for

the respondent submits that so for as the sanctioned post is

concerned, it is the scheme formulated in view of the judgment

of Hon'ble Supreme Court directing the daily wage workers to be

regularized. Hence, the question of appointment to the

sanctioned post would not arise. Further, he submits that so far

as continuity of the service of the respondent herein is

concerned, the Government has terminated illegally without

giving opportunity. Hence, the respondent approached the

Labour Court. The Labour Court considering all the documents

and evidence advanced has rightly passed the award to reinstate

the respondent. Hence, the arguments canvassed by the

learned Additional Advocate General cannot be taken into

consideration, as such, the learned counsel prays to reject the

writ petition with cost.

In W.P No.6378/2021

9. The brief facts of the case of the respondent herein

are that the respondent was working as Junior Engineer with

effect from 01.03.1988 in the office of the Assistant Executive

Engineer, Gubbi, Tumkur District. His service of 10 years was

completed as on 31.03.1988. In the year 1999, he has made a

representation to the Government seeking his regularization on

the ground that similarly situated daily wage employees were

appointed with diploma and engineering qualification, though

they have not been appointed against a sanctioned post their

appointment have been regularized by virtue of an order dated

29.09.1994. Hence, he is seeking regularization on par with

other employees by virtue of Government order dated

29.09.1994.

10. Sri.Aruna Shyam, learned AAG representing the

State submits that the respondent worked as daily wage

employee engaged in PWD on 05.09.1998. Further, he has not

completed 10 years or more in the duly sanctioned post since he

had not obtained requisite qualification to the said post. He has

not produced any marks card to show that he has completed

Bachelor of Engineer as on date when the other employees were

regularized. Hence, question of giving the benefit on par with

other employees would not arise. Further, he submits that

respondent was engaged on daily wage basis under Monthly

Rated Establishment from 01.03.1988 till 1998 without having

any prescribed qualification to the post of Assistant Engineer.

This fact ought to have been considered by the Tribunal, the

Tribunal erred in coming to the conclusion that he has completed

10 years of service and he had prescribed qualification as on

date when the Government Order dated 30.06.1998 was in

force. The learned counsel seeks to set aside the order of the

Tribunal.

11. Sri.Ranganna S.Jois, learned counsel for the

respondent submits that the Government has not at all

considered the representation made by the respondent though

similarly placed diploma or engineering graduates have been

regularized. The respondent herein was discriminated by the

Government. The Government ought to have considered the

judgment of the Hon'ble Supreme Court in the case of MALATHI

DAS (retired) now P.B.Mahishy & Others v. SURESH & Others

reported in (2014) 13 SCC 249 ("MALATHI DAS case" for short)

instead of considering the judgment in the case of SECRETARY,

STATE OF KARNATAKA & Others v. UMADEVI & Others reported

in (2006) 4 SCC 1 ("UMADEVI case" for short). Since the

Government has committed an error in not considering the

judgment of the Hon'ble Supreme Court and not considering the

respondent's representation, the Tribunal has rightly appreciated

and appropriately allowed the application and he submits to

dismiss the writ petition with costs.

12. We have carefully considered the arguments

advanced by the learned counsel appearing for the parties and

perused the material on record. At this point, it is relevant to

refer to the judgment of Hon'ble Supreme Court in the case of

UMADEVI (supra). Paragraph 53 of the judgment is relevant for

consideration which reads as under:

"53. One aspect needs to be clarified.

There may be cases where irregular appointments (not illegal appointments) as

explained in S.V. Narayanappa, R.N.

Nanjundappa and B.N. Nagarajan and referred to in paragraph 15 above, of duly qualified persons in duly sanctioned vacant posts might have been made and the employees have continued to work for ten years or more but without the intervention of orders of the courts or of tribunals. The question of regularization of the services of such employees may have to be considered on merits in the light of the principles settled by this Court in the cases above referred to and in the light of this judgment. In that context, the Union of India, the State Governments and their instrumentalities should take steps to regularize as a one time measure, the services of such irregularly appointed, who have worked for ten years or more in duly sanctioned posts but not under cover of orders of courts or of tribunals and should further ensure that regular recruitments are undertaken to fill those vacant sanctioned posts that require to be filled up, in cases where temporary employees or daily wagers are being now employed. The process must be set in motion within six months from this date. We also

clarify that regularization, if any already made, but not sub judice, need not be reopened based on this judgment, but there should be no further by-passing of the constitutional requirement and regularizing or making permanent, those not duly appointed as per the constitutional scheme."

13. On careful perusal of the above judgment, we are of

the opinion that certain guidelines for regularisation have been

issued by the Hon'ble Supreme Court in the case of UMADEVI

(supra), the same are summed up and following are the three

essential requirements for regularization which are as under:

a) Employees should have been appointed as against the

sanctioned post.

b) Employees should have worked for more than 10 years

as daily wage worker / ad-hoc worker.

c) They should have possessed the minimum qualification

stipulated for the appointment

Subject to three requirements being satisfied, even if the

appointment process did not involve competitive selection, the

appointment would be treated irregular and not illegal and

thereby qualify for regularization.

14. On careful perusal of the material adduced by the

respondents in their reply as well as the documents, it would

disclose that both the respondents have fulfilled the

requirements as stipulated in UMADEVI's case stated supra.

However, the Government/petitioners herein denied the benefit

of regularization to the respondents herein which is in violation

of Article 14 of the Constitution of India and also the principles of

parity. As similarly situated employees have been regularized by

virtue of the order dated 29.09.1994, the same could have been

given to the respondents also. Considering the above mentioned

point, it is necessary to extract paragraph No.1 of the order

dated 02.12.1994 which reads as follows:

"1. Government are pleased to direct that the Daily Rated Engineering Graduates and Diploma Holders working in Public Works and Irrigation Departments who have been appointed on or after 1-7-84 and before 15- 10-92 and who are continuing in service as on 29-9-94 and who fulfill all the conditions laid

dated 6-8-90, DPAR 13 SLC 94 dated 29-9-94 and ¹D¸ÀÄE 17 ¸É¸ÀÜD 94 dated 20-10-94 shall be

brought on Monthly Rated Establishment against the Monthly Rated Establishment posts created in the Government Order."

The above requirements clearly indicate that number of

sanctioned posts of Assistant Engineers was 326 and Junior

Engineers was 528 in Monthly Rated Establishment. The posts in

M.R.E cease when the incumbent is absorbed in regular service

or resigns from service. It is made clear that clause No.5 of the

Government Order dated 02.12.1994 stipulates certain

guidelines which are mentioned below:

(i) "They should have been appointed on or after 1-7-84 and before 15-10-92.

(ii) They should be continuing in service beyond 1-7-84 or from the date of appointment on daily wages whichever is later till the date of 29-9-94.

(iii) They should have been employed and continued on whole-time basis till 29-9-94.

(iv) The daily rated Graduate Engineers brought on Monthly Rated Establishment are eligible for consolidated salary of Rs.2050/- per month

subject to educational qualification and other qualifications prescribed in the Cadre and Recruitment Rules to the post of Assistant Engineer.

(v) The daily rated Diploma Engineers brought on Monthly Rated Establishment are eligible for consolidated salary of Rs.1520/- per month subject to educational qualifications and other qualifications prescribed in the Cadre and Recruitment Rules to the post of Junior Engineers.

(vi) Further, they will be entitled to an Annual Increase of Rs.15/- (without any allowance) subject to following the principles laid down in Rule 51 of Karnataka Civil Service Rules.

(vii) All the Graduate Engineers and Engineering Diploma holders who do not fulfill the eligibility and suitability criteria laid down above, for absorption in Monthly Rated Establishment shall be retrenched. All such retrenched Graduate Engineers and Engineering Diploma Holders shall be entitled to claim compensation gratuity if any, to which they are legally eligible.

(viii) They shall be posted against the vacant posts in the department and for the period such vacant posts are held by the Engineers on Monthly Rated Establishment in accordance with these orders,

the regular post in the time scale of pay shall stand held in abeyance.

   (ix)     The daily rated Diploma and Graduate Engineers
            who     are    brought     under     Monthly      Rated

Establishment in accordance with these orders are liable for transfer and such transfer should as for as possible be within the zones and no such inter- zonal transfer should be made without prior approval of Government."

15. By virtue of the above circular and its conditions

some of the ad-hoc/daily wage workers have been regularized.

Though after having fulfilled the criteria stipulated in the circular,

the respondents herein have not been considered for

regularisation. The scheme of regularization has been denied,

hence, they have approached the Labour Court for their

continuity of service for their illegal dismissal/termination from

the respective departments. The issue of their illegal

termination has already been decided by the Labour Court and

affirmed by this Court on 27.03.2006 in W.P Nos.33401/2002

C/w 25911/2002. Such being the fact their regularization for the

post has been denied. It is contrary to the circular issued by

the same Government. Since the respondents herein have

fulfilled the criteria and other similarly placed employees have

already been regularized by virtue of circular dated 29.09.1994

and by virtue of UMADEVI's case, these respondents

representation should have been considered by the authority.

The Government has erred in coming to the conclusion that, the

respondents herein have not fulfilled the conditions as stipulated

in the case which is bad in law and unsustainable.

16. Further, it is relevant to place in reliance to the

judgment of the Hon'ble Supreme Court in the case of MALATHI

DAS (retired) now P.B.Mahishy & Others v. SURESH & Others

reported in (2014) 13 SCC 249. It is relevant to extract

paragraphs 13 and 14 which read as under:

"12. It is not in dispute that the original batch of employees who had filed writ petition Nos. 33541- 571/1998 on the basis of which the writ petitions filed by the respondents herein (W.P. Nos. 39117-

176/1999) were allowed by the order dated 15.12.1999 have been regularized. It is also not in dispute that out of the 445 employees who had

filed writ petition Nos.39117-176/1999, by separate government orders, the service of 161, 64 and 55 employees have been regularized in three batches. The records placed before the Court would indicate that 7 other persons have been regularized during the pendency of the present appeal. In a situation where a Scheme had been framed on 29.12.2005 to give effect to the order of the High Court dated 15.12.1999 passed in the writ petitions filed by the respondents herein and many of the similarly situated persons have been regularized pursuant thereto the action of the appellants in not granting regularization to the present respondents cannot appear to be sound or justified. The fact that the regularization of 55 employees, similarly situated to the present respondents, was made on 18.04.2006 i.e. after the decision of this Court in Umadevi is also not in serious dispute though Shri Bhat, learned Senior Counsel for the appellants, has tried to contend that the said regularizations were made prior to the decision in Umadevi. The date of the order of regularization of the 55 persons i.e. 18.4.2006 will leave no doubt or ambiguity in the matter.

13. In the aforesaid undisputed facts it is wholly unnecessary for us to consider as to whether the cases of persons who were awaiting regularization on the date of the decision in Umadevi is required to be dealt with in accordance with the conditions stipulated in para 53 of Umadevi (supra) inasmuch as the claims of the respondent employees can well be decided on principles of parity. Similarly placed employees having been regularized by the State and in case of some of them such regularization being after the decision in Umadevi (supra) we are of the view that the stand taken by the appellants in refusing regularization to the respondents cannot be countenanced. However, as the said stand of the appellants stem from their perception and understanding of the decision in Umadevi we do not hold them liable for contempt but make it clear that the appellants and all the other competent authorities of the State will now be obliged and duty bound to regularize the services of the respondents (74 in number) which will now be done forthwith and in any case within a period of two months from the date of receipt of this order."

On perusal of the above judgment, it is very clear that the

principles of parity would be applicable to the similarly placed

employees for regularization. Considering the above said

judgment and facts of the case on hand, the respondents are

entitled for principles of parity for their regularization.

17. Insofar as W.P No.6378/2021 is concerned, the

respondent in the case was appointed as Junior Engineer with

effect from 01.03.1988 to 31.08.1999 and he was also brought

under Monthly Rated Establishment as on 31.07.1998 and

appointed as Assistant Engineer. He has made representation to

the Government to consider for regularization as he has

completed 10 years of service as daily wage workers and also

had passed the stipulated educational qualification i.e. B.E

Degree as on the date before considering him under M.R.E.

scheme. As per the records, it reveals that the respondent in

this case had obtained B.E Degree in the year 1995. So

considering the service and educational qualification he should

have been considered for regularization as per the circular dated

29.09.1994. However, the Government/ petitioners herein failed

to consider the representations and issued endorsement stating

that the respondents have not fulfilled the criteria of UMADEVI's

case (supra), point No.1 and 4 which is contrary to the circular

dated 29.09.1994.

18. To sum up the contentions of respondents, the

respondents have fulfilled the criteria of continuity of service of

more than 10 years and also had obtained requisite

qualifications as stipulated in the C & R Rules for the post of

Assistant Engineers etc. Inspite of having passed the two

stipulated conditions, they have been denied for reguarization.

It reveals from the record that one of the respondents herein has

already retired and one of the respondents has died and his legal

representatives are brought on record. The Government ought

to have considered the representations by virtue of order of the

Tribunal.

19. On perusal of the well reasoned order passed by the

Tribunal, we are of the considered opinion that interference in

such order would not be called for and we do not find any

infirmity or irregularity in the order which is impugned herein, as

a result, writ petitions filed by the State stands dismissed.

In view of the disposal of the main matters, pending IA's

stands disposed off as calling for no further orders.

Sd/-

JUDGE

Sd/-

JUDGE

UN

 
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