Karnataka High Court
Sri N Shankrappa vs The State Of Karnataka on 23 August, 2023
Bench: N S Gowda
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NC: 2023:KHC:30005
WP No. 812 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
WRIT PETITION NO. 812 OF 2012 (S-DIS)
BETWEEN:
SRI N SHANKRAPPA
S/O K N NARAYANAPPA
AGED ABOUT 39 YEARS
WORKING AS
TALUK DEVELOPMENT OFFICER,
DR. B. R. AMBEKDAR
DEVELOPMENT CORPORATION LTD.,
BANGALORE(R)DISTRICT,
BANGALORE,
R/A NO.111, 4TH MAIN ROAD,
4TH CROSS, MATHIKERE, BANGALORE.
...PETITIONER
(BY SRI. S.B. TOTAD, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
Digitally
signed by REP. BY ITS SECRETARY TO GOVT.,
PANKAJA S
Location:
SOCIAL WELFARE DEPARTMENT
HIGH M S BUILDING,
COURT OF
KARNATAKA BANGALORE-560001
2. THE MANAGING DIRECTOR
KARNATAKA SCHEDULED TRIBE
DEVELOPMENT CORPORATION LTD.,
CENTRAL OFFICE:
4TH MAIN ROAD, 16TH CROSS,
SAMPANGIRAMNAGAR
BANGALORE-560027.
3. THE DISTRICT MANAGER
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WP No. 812 of 2012
DR B R AMBEDKAR
DEVELOPMENT CORPORATION LTD.,
BANGALORE RURAL DISTRICT,
BANGALORE.
...RESPONDENTS
(BY SMT. PRATHIBHA R.K., A.G.A. FOR R1;
SRI. M N MADHUSUDHAN, ADVOCATE FOR R2;
SRI. C. JAGADISH, ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED
ORDER PASSED BY THE R3 VIDE ANNX-F; DIRECT THE
RESPONDENTS TO CONTINUE THE PETITIONER TILL A
REGULARLY RECRUITED CANDIDATE IS APPOINTED.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The petition has been filed challenging an order, by
which the petitioner was terminated.
2. The petitioner is a contractual employee and
contends that he has been working since 2011 and
therefore, he is entitled to be regularized.
3. Learned counsel for the petitioner has filed a Memo
enclosing a resolution passed by the Karnataka Maharshi
Valmiki Scheduled Tribes Development Corporation Ltd.,
dated 15.03.2023, whereby the Corporation has resolved
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WP No. 812 of 2012
to regularize five contractual employees including the
petitioner herein. The Corporation, in its resolution, has
noticed the contractual employees, such as the petitioner,
have been working for 9 to 12 years and hence it would be
appropriate to regularize them as against the existing
vacant posts.
4. It is to be stated here that the impugned order of
termination was stayed by this Court on 09.01.2012 and a
further order was passed on 21.03.2012 to continue the
petitioner's services as Taluk Development Officer until
further orders and as a result the petitioner has been
working in the Corporation for the past 12 years.
5. In my view, having regard to the resolution that has
been passed by the Corporation, it would be appropriate to
direct the State to consider the resolution passed by the
Corporation and pass appropriate orders.
6. It is needless to state that the State shall take into
consideration the fact that the petitioner has been working
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WP No. 812 of 2012
continuously for the past 12 years and even according to
the Corporation there are existing posts available to which
he could be regularized. The State Government shall also
take into consideration the judgments passed by Hon'ble
Supreme Court rendered in this regard regarding
contractual employees while taking a decision. The State
Government shall consider and pass appropriate order of
the recommendation of the Corporation within a period of
three months from the date of receipt of a copy of this
order.
7. It is needless to state that the petitioner shall be
entitled to continue to work till an appropriate decision is
taken. Accordingly, petition is disposed of.
Sd/-
JUDGE
HNM
