Karnataka High Court
Sri Mohana M J vs The Managing Director on 2 February, 2022
Bench: H T Prasad
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF FEBRUARY 2022
BEFORE
THE HON'BLE MR. JUSTICE H. T. NARENDRA PRASAD
W.P.No.43708 OF 2019(S-RES)
C/W
W.P.No. 24714 OF 2019(S-RES)
IN WP 43708/2019
BETWEEN:
1. Sri. Chandra Prasad S.M.,
Aged about 41 years,
Son of Sri. Siddaiah S.,
Working as Instructor, GT & TC,
Maddur-571 429,
Somanahalli, Mandya Dist.
2. Sri. Shivakumar T.G.,
Aged about 31 years,
Son of Sri. Guruvaiah,
Working as Instructor, GT & TC,
Kanakapura-562 117,
Ramanagara Dist.
3. Sri. Sharath Raj Urs,
Aged about 28 years,
Son of Ashwapathi Raj urs,
Working as lecturer, GT & TC,
Opposite to Syndicate bank,
Somanahalli,
Maddur-571429.
4. Rajashekar K.S.,
Aged about 28 years,
2
Son of Shivaraj K.M.,
Working as lecturer, GT & TC,
Near Cocoon Market,
Sangam Road,
Kanakapura-562117,
Ramanagar District.
5. Dilip Kumara K,
Aged about 27 years,
Son of Kariyappa,
Working as Lecturer, GT & TC,
Sangama Road.
Kanakapura-562 117,
Ramanagara District.
6. Venkatesh alias Manjunath,
Aged about 28 years,
Son of Venkatagiri,
Working as lecturer, GT & TC,
Manchenahalli,
Shivamogga Taluk-277 222,
Shivamogga District.
7. Madhusudhan H.R.,
Aged about 27 years,
Son of Ramachandra H.K.,
Working as lecturer, GT & TC,
Nearveda Pumphouse,
B H Road, Kadur-577 548,
Chikkamagalur District.
8. Girish M.R.,
Aged about 33 years,
Son of Ramaswamy M.,
Working as lecturer, GT & TC,
Gundlapete Taluk,
Chamarajnagar District.
3
9. Puttegowda D.K.,
Aged about 31 years,
Son of Sri Kasturi,
Working as instructor, GT & TC,
Hassan Taluk, Hassan District.
10 Bharat,
Aged about 31 years,
Son of Narasimhaiah,
Working as Instructor, GT & TC,
Hasan Taluk,
Hassan District. ... Petitioners
(By Sri.V.S.Naik, Advocate (VC))
AND:
The Managing Director,
Govt. Tool Room and Training Centre,
(an Indo Danish Project),
Rajajinagar Industrial Estate,
Bengaluru-560 010. ... Respondent
(By Sri.N. Amaresh, Advocate (VC))
This writ petition is filed under Articles 226 & 227 of
the Constitution of India praying to call for the entire
records from the respondent and direct the respondent to
extend the benefit of equal pay for equal work to the
petitioners on par with salary and all other emoluments
being paid to the permanent employees working on the
faculty side with effect from the date of petitioners were
appointed and etc.,
IN WP.24714/2019
BETWEEN:
1. Sri. Mohana M.J.,
Aged about 36 years,
4
Son of Sri. Jayanna,
Working as Instructor,
GT & TC.,
Near Veda Pump House,
B.H.Road, Kadur-577 548,
Chikkamagalur district.
2. Sri. Mallikarjuna Sobagina,
Aged about 40 years,
Son of Sri. Basavaraja Sobagina,
Working as Instructor,
GT & TC,
Mariyammanahalli,
Hosapet Taluk,
Bellary district-583222.
3. Sri. Shivakumar,
Aged about 35 years,
Son of Sri. Huchceerayya Mathad,
Working asInstructor,
GT & TC,
Mariyammanahalli,
Hospet Taluk,
Bellary District-583 222.
4. Sri. Ningappa B Chandoori,
Aged about 37 years,
Son of Sri. Babu G Chandoori,
Working as Instructor,
GT & TC,
Plot no.1 , K.S.S.I.D.C.,
Industrial Estate, Ambewadi area,
Dandeli,
Uttara Kannada-581 325.
5. Smt. Ankita A Medha,
Aged about 28 years,
W/o Sri,Anil Medha,
Working as full time Guest faculty,
5
GT & TC,
Plot No,1, K.S.S.I.D.C.,
Industrial Estate,
Ambewadi Area, Dandeli,
Uttara Kannada District-581325.
6. Sri. Gopal B Bhasme,
Aged about 28 years,
Son of Sri, Basavaraj K Bhasme,
Working as Full time Guest Faculty,
GT & TC,
Plot No,1, K.S.S.I.D.C.,
Industrial Estate,
Ambewadi Area, Dandeli,
Uttara Kannada District-581325.
7. Sri. Naveenkumar H.M.,
Aged about 32 years,
Son of Sri. Mylarappa H.B.,
Working as Instructor,
GT & TC,
No.22, C & D, KIADB Industrial Area,
Harlapur,
Harihar-577 601,
District-Davanagere.
8. Sri. Sharad Shivaji Jamkhandikar,
Aged about 36 years,
Son of Sri. SHivaji Y Jamkhandikar,
Working as Instructor,
GT & TC,
No.22, C & D, KIADB Industrial Area,
Harlapur,
Harihar-577 601,
District-Davanagere.
9. Sri. Amresh Hosagoudra,
Aged about 36 years,
Son of Sri. Mallikarjun Hosagoudra,
6
Working as Instructor,
GT & TC.,
Near Veda Pump House,
B.H.Road, Kadur-577 548,
Chikkamagalur district.
10. Sri. Pradeep,
Aged about 41 years,
Son of Sri/Late Honnegowda,
Working as Instructor,
GT & TC.,
No.8, K.I.A.D.B. Industrial Area,
Katihalli, Hassan-573 201.
11. Sri. Prakash Malavalli,
Aged about 36 years,
Son of Sri, Halappa Malavalli,
Working as Instructor,
GT & TC.,
Near Veda Pump House,
B.H.Road, Kadur-577 548,
Chikkamagalur district. ... Petitioners
(By Sri. V.S.naik, Advocate (VC))
AND:
The Managing Director,
Govt. Tool Room and Training Centre,
(an Indo Danish Project),
Rajajinagar Industrial Estate,
Bengaluru-560 010. ... Respondent
(By Sri.N. Amaresh, Advocate (VC))
This writ petition is filed under Articles 226 & 227 of
the Constitution of India praying to call for the entire
records from the respondent and direct the respondent to
extend the benefit of equal pay for equal work to the
7
petitioners on par with salary and all other emoluments
being paid to the permanent employees working on the
faculty side with effect from the date of petitioners were
appointed and etc.,
These writ petitions, coming on for final hearing,
this day, the Court, made the following:
ORDER
In these writ petitions the petitioners have
sought for a writ of mandamus directing the
respondent to consider the representations for
regularization of their services.
2. The case of the petitioners is that they are
working as a Teacher in the respondent Training
Centre. They have been appointed pursuant to the
notification issued by the respondent dated
28.09.2007 vide Annexure-A, after following all the
procedure of law, including the merit and reservation
criteria. Even though their appointment on contract
basis was for a period of three years, thereafter their
services have been continued with intermittent
brakes. Since they are working against clear
vacancies and they have been appointed after
following the procedure of law, they have given
representations to the respondent seeking
regularization of their services. The representations
have been dated 18.11.2016, 06.10.2010, 14.08.2013
and 07.03.2017 vide Annexures - R, S, T and V,
respectively in W.P.No.43708/2019 and in
W.P.No.24714/2019 it is dated 18.11.2016,
06.10.2010, 14.08.2013 and 07.03.2017 vide
Annexures - V, W, X and Y, respectively. Without
considering their cases for regularization the
respondents are making efforts to replace the
petitioners by fresh recruitment. Hence, the
petitioners are before this Court.
3. The learned counsel for the petitioners
submitted that the petitioners have been appointed
pursuant to the notification issued by the respondent
against clear vacancies. Even though as per the
notification it is on contract basis for a period of three
years, thereafter their services have been continued
with intermittent brakes. Since their services have
not been regularized they have given a representation
but, without considering the case of the petitioners,
now, the respondent is making efforts to replace the
petitioners by fresh recruitment. The same is contrary
to the law laid down by the Hon'ble Apex Court in the
case of SECRETARY TO THE STATE OF
KARNATAKA AND OTHERS vs. UMADEVI reported
in (2006) 4 SCC 1 and UNION OF INDIA &
OTHERS vs. SANT LAL AND OTHERS, ETC. (Civil
Appeal Nos.175-176/2019 (@SLP (C) Nos.37798
-37799/2013 disposed of on 08.01.2019).
Hence, he sought for allowing the writ petition.
4. The learned counsel for the respondent
submits that the petitioners have been appointed on
contract basis, their services has been continued with
intermittent brakes and they are not regular
employees and they have been appointed after the
judgment of the Hon'ble Apex Court in the case of
SECRETARY TO THE STATE OF KARNATAKA AND
OTHERS vs. UMADEVI reported in (2006) 4 SCC 1
and they have not satisfied the conditions mentioned
in that case. Therefore, their cases cannot be
considered for regularization. Hence, he sought for
dismissal of the writ petition.
5. Heard the learned counsel for the parties and
perused the writ papers.
6. Some of the petitioners have been appointed
on contract basis initially for a period of three years
and some of them for one year. Later, giving
intermittent brakes, their services have been
continued. Since their services have not been
regularized, they have approached the respondent by
submitting the representations. Since their
representations have not been considered and the
respondent is making effort to make regular
appointment to the said posts, the petitioners are
before this Court.
7. Under these circumstances, without
expressing any opinion on the merits of the case, the
petitioners are at liberty to submit additional
representation along with all the relevant documents
to the respondent within a period of four weeks from
the date of receipt of a copy of this order. The
respondent is directed to consider the representation
to be submitted by the petitioners within six months
from the date of such representations.
8. Since the petitioners are having the benefit of
the interim order passed by this Court on 18.09.2019
and 22.08.2019, respectively, the said interim order
shall be enure to the benefit of the petitioners till the
respondent takes a decision in the matter. It is made
clear that the respondent has to communicate the
decision to the petitioners.
With the above observations, the writ petitions
stand disposed of.
In view of disposal of the writ petitions, the
pending IAs. do not survive for consideration.
Sd/-
JUDGE
Cm/-
