Shri N Devadas vs State Of Karnataka
2022 Latest Caselaw 2329 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 14TH DAY OF FEBRUARY 2022

                           BEFORE

     THE HON'BLE MR. JUSTICE H. T. NARENDRA PRASAD

              W.P.No.47316 OF 2016(S-REG)

BETWEEN:

Shri. N. Devadas,
S/o V Nagaiah,
Aged about 55 years,
Residing at Hassan Road,
II Cross, right side,
Arasikere Taluk-573103
Hassan District.                          ... Petitioner

(By Sri. B.L. Acharya, Senior Counsel A/W
Sri. Shahul Hameed, Advocate (VC))

AND:

1.     State of Karnataka
       Rep. by its Principal Secretary,
       To the Government,
       Department of Animal Husbandry
       And Fisheries,
       M.S. Building,
       Bangalore-560 001.

2.     The Commissioner,
       Dept. of Animal Husbandry
       And Veterinary Science ,
       2nd Floor, Vishweshwaraiah mini Tower,
       Dr. B.R. Ambedkar Veedhi,
       Bangalore-560 001.
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3.    The Director,
      Dept. of Animal Husbandry
      And veterinary Science,
      5th floor, Vishweshwaraiah Mini Tower,
      Dr. B.R. AmbedkarVeedhi,
      Bangalore-560 001.

4.    Deputy Director,
      Department of Animal Husbandry
      And veterinary Services,
      Hassan District-573201.

5.    Office of the Asst. Director,
      Department of Animal Husbandry
      And Veterinary Services,
      Hassan District-573201.               ... Respondents

(By Smt. M.C. Nagashree, AGA. For R1 to R5 (PH))

       This writ petition is filed under Articles 226 and 227
of the Constitution of India praying to direct the
respondents to consider the regularize the services of the
petitioner in the respective post with all consequential
benefits.

      This writ petition, coming on for   preliminary
hearing in 'B' group, this day, the Court, made the
following:

                          ORDER

In this writ petition the petitioner has sought for

the following relief:

"Issue a writ of mandamus or any other appropriate writ, directing the

respondents to consider and regularize the services of the petitioner in the respective post with all consequential benefits."

2. Sri B.L.Acharya, learned Senior Counsel

appearing for the petitioner submitted that the

petitioner is working as a daily wage employee in the

Department of Animal Husbandry and Veterinary

Services, Belur Division Office, Hassan District from

04.02.1998. Since his service has not been

regularized, he has given a representation requesting

the respondents to consider his case for regularization

in terms of the law laid down by the Hon'ble Apex

Court in the case of SECRETARY, STATE OF

KARNATAKA AND OTHERS vs. UMA DEVI AND

OTHERS reported in (2006) 4 SCC 1.

3. Smt.M.C.Nagashree, learned AGA appearing

for the respondent - State has submitted that since

the petitioner has not completed 10 years of service in

terms of UMA DEVI (supra), his case has been

considered under the Karnataka Daily wage

Employees Welfare Act, 2012 (for short, '2012 Act').

He has been regularized in terms of the same and now

he has retired from service.

4. Heard the learned counsel for the parties and

perused the writ papers.

5. The petitioner has joined the service in the

Department of Animal Husbandry and Veterinary

Services, Belur Division Office, Hassan District. Since

the petitioner has not satisfied the conditions referred

to in the judgment of the Hon'ble Apex Court in the

case of UMA DEVI (supra), his case has been

considered in terms of 2012 Act.

6. The learned AGA filed a memo along with the

order passed under the said Act and annexed the list.

In that, the case of the petitioner has also been

considered for regularization in terms of 2012 Act.

Now the petitioner has retired from service. In view

of the above, the petitioner is not entitled to the relief

sought for in the writ petition.

Accordingly, writ petition stands disposed of.

Sd/-

JUDGE Cm/-