Karnataka High Court
Smt. Padmalakshmi W/O Narasimayya vs The State Of Karnataka on 28 November, 2023
-1-
NC: 2023:KHC-D:13892
WP No. 102670 of 2022
C/W WP No. 104806 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 28TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 102670 OF 2022 (S-RES)
C/W
WRIT PETITION NO. 104806 OF 2022
IN WP NO.102670/2022
BETWEEN:
1. ANAND S/O. DANIEL
AGE: 51 YEARS, OCC: CLEANER,
GOVERNMENT MEDICAL AND DENTAL
COLLEGE, RESEARCH CENTRE,BALLARI-583104.
2. RAMANJINEYA S/O. SUNKAPPA
AGE: 58 YEARS, OCC: CLEANER,
GOVERNMENT MEDICAL AND DENTAL
COLLEGE, RESEARCH CENTRE,
BALLARI-583104.
SINCE DECEASED BY LEGAL HEIRS.
2A SMT. JAYALAKSHMI W/O. LATE RAMANJANEYA
Digitally
signed by
AGE ABOUT 50 YEARS, OCC: HOUSEWIFE,
VN
BADIGER
R/O. SATYAVAANI NAGAR, KARIMAREMMA GUDI
VN
BADIGER Date: ROAD, BALLARI-583104.
2023.12.06
11:16:01
+0530
2B SRI. SHIVAKUMAR S/O. LATE RAMANJANEYA
AGE ABOUT 29 YEARS, OCC: BUSINESS,
R/O. SATYAVAANI NAGAR, KARIMAREMMA GUDI
ROAD, BALLARI-583104.
2C KUM. SANDHYA KUMARI. D
AGE ABOUT 26 YEARS, OCC: HOUSEWIFE,
R/O. SATYAVAANI NAGAR, KARIMAREMMA GUDI
ROAD, BALLARI-583104.
3. SHIVA S/O SUNKAPPA
AGE: 47 YEARS, OCC: CLEANER,
GOVERNMENT MEDICAL AND DENTAL COLLEGE,
-2-
NC: 2023:KHC-D:13892
WP No. 102670 of 2022
C/W WP No. 104806 of 2022
RESEARCH CENTRE, BALLARI-583104.
4. JAYARAM M. S/O. GOPALAPPA
AGE: 49 YEARS, OCC: CLEANER,
GOVERNMENT MEDICAL AND DENTAL COLLEGE,
RSEARCH CENTRE, BALLARI-583104.
5. VENKATESH M. S/O K. MANAPPA
AGE: 48 YEARS, OCC: CLEANER,
GOVERNMENT MEDICAL AND DENTAL COLLEGE,
RESEARCH CENTRE, BALLARI-583104.
6. ASHOKA S/O. ARJUN PATIL
AGE: 46 YEARS, OCC: CLEANER
GOVERNMENT MEDICAL AND DENTAL COLLEAGE,
RSEARCH CENTRE, BALLARI-583104.
7. PADMALAXMI W/O. MALLIKARJUNA PRASANNA
AGE: 63 YEARS, OCC: RETIRED,
OLD QUARTERS MEDICAL COLLEGE, BALLARI-583104.
...PETITIONERS
(BY SRI. B KRUPANANDA AND SRI. S. C. HARTI, ADVOCATES)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
CHIEF SECRETARY OF MEDICAL EDUCATION,
M. S. BUILDING, BENGALURU-560001.
2. THE CHIEF ADMINISTRATIVE OFFICER (VIMS),
DENTAL COLLEGE, BALLARI-583104.
3. THE DIRECTOR (VIMS)
DENTAL COLLEGE, BALLARI-583104.
4. THE PRINCIPAL GOVERNMENT,
DENTAL COLLEGE AND RESEARCH INSTITUTE,
(VIMS), BALLARI.
...RESPONDENTS
(BY SRI. J. M. ANILKUMAR, ADV. FOR R2 AND R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
MANDAMUS DIRECTING THE RESPONDENT NO.3 TO CONSIDER THE
REPRESENTATION/LEGAL NOTICE DATED 27.06.2022 MADE BY THE
-3-
NC: 2023:KHC-D:13892
WP No. 102670 of 2022
C/W WP No. 104806 of 2022
PETITIONERS FOR REGULARISATION OF THEIR SERVICE AND
PROVIDE ALL THE BENEFITS ARREARS ACCORDING TO LAW VIDE
ANNEXURE-J1 AND J2 DATED 27.06.2023 AND REGULARISE THEIR
SERVICE AND PROVIDE ALL LEGAL BENEFITS, ARREARS ACCORDING
TO COVERED BY JUDGMENT IN W.P.NO.145046/2020 DATED
09.08.2021 VIDE ANNEXURE-F AND ISSUE DIRECTION TO THE
RESPONDENTS TO EXECUTE THE AWARD PASSED IN I.D.NO.34/1998
DATED 23.05.2001 VIDE ANNEXURE -A PASSED BY THE INDUSTRIAL
TRIBUNAL, HUBBALLI AND THE JUDGMENT IN W.P.NO3005/2002
PASSED BY THE HON'BLE HIGH COURT OF KARNTAKA, BANGALORE
DATED 11.09.2006 VIDE ANNEXURE-B.
IN WP NO.104806/2022
BETWEEN:
SMT. PADMALAKSHMI W/O. NARASIMAYYA
AGE: 63 YEARS, OCC: RETIRED,
OLD QUARTERS MEDICAL COLLEGE, BALLARI-583104.
...PETITIONER
(BY SRI. B KRUPANANDA AND SRI. PRAKASH B. KALE AND
SRI. S. C. HARTI, ADVOCATES)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
CHIEF SECRETARY OF MEDICAL EDUCATION,
M. S. BUILDING, BENGALURU-560001.
2. THE CHIEF ADMINISTRATIVE OFFICER (VIMS),
DENTAL COLLEGE, BALLARI-583104.
3. THE DIRECTOR (VIMS)
DENTAL COLLEGE, BALLARI-583104.
4. THE PRINCIPAL GOVERNMENT,
DENTAL COLLEGE AND RESEARCH INSTITUTE,
(VIMS), BALLARI-583104.
...RESPONDENTS
(BY SMT. KIRTILATA PATIL, HCGP FOR R1 AND R2,
SRI. J. M. ANILKUMAR, ADV. FOR R3 AND R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
MANDAMUS DIRECTING THE RESPONDENT NO.3 TO CONSIDER THE
-4-
NC: 2023:KHC-D:13892
WP No. 102670 of 2022
C/W WP No. 104806 of 2022
PETITIONER REPRESENTATION DATED 27.06.2022 VIDE ANNEXURE-
J, AND FORTHWITH REGULARISE PETITIONER SERVICE AND
PROVIDE ALL BENEFITS, ARREARS ETC, TO PETITIONER IN
ACCORDANCE WITH LAW AND DIRECT THE RESPONDENTS AS PER
THE COVERED JUDGMENT IN W.P.NO.145046/2020 DATED
09.08.2021 VIDE ANNEXURE-F.
THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard learned counsel for the petitioners as well as
learned counsel for the respondents in both the petitions.
2. Petitioners are before this Court seeking writ of
mandamus to direct the 3rd respondent to consider the
representation dated 27.06.2022 marked at Annexure - J and
to regularize the petitioners services under the 3rd respondent.
3. Learned counsel for the petitioners would submit that
the issue involved in this case is squarely covered by the
judgment of this Court in Writ Petition No.145046/2020.
4. Learned counsel for the respondents would submit
that the order directing the respondents to regularize the
similarly placed employees of the 3rd respondent-institution is
questioned by filing Writ Appeal 951/2007. It is his submission
that though there is no interim order is granted in the said Writ
NC: 2023:KHC-D:13892
Appeal, the case on hand be deferred till the conclusion of the
aforementioned writ appeal.
5. This Court does not find any merit in this submission.
Mere pendency of the writ appeal does not amount to stay of
the operation of the order which is challenged in Writ Appeal.
The law in this regard is very clear. Under the circumstances,
this Court does not find any merit in the submission of the
learned counsel for the respondents to defer the hearing.
There is no dispute that the petitioners herein are also similarly
placed as the petitioners in Writ Petition No.145046/2020.
6. It is now submitted at the bar that petitioner No.2
died during the pendency of the writ petition. The legal
representatives are brought on record. It is also submitted that
some of the petitioners have attained the age of
superannuation.
7. Hence, the following:
ORDER
(i) Writ petitions are allowed.
NC: 2023:KHC-D:13892
(ii) Respondent No.3 is directed to regularize the
services of the petitioners who are still in service, in
terms of the order in Writ Petition No.145046/2020
wherein this Court has directed the authority to
implement the order passed by the Industrial
Tribunal in I.D.No.34/1998, within four weeks from
the date of receipt of copy of this order as there is
no dispute that the petitioners are also parties to
I.D.34/1998.
(iii) The legal representatives of petitioner No.2 are
entitled to consequential service benefits other than
regularization of service that would have been
granted to petitioner No.2 had he been alive.
(iv) Further, those of the petitioners who have attained
the age of superannuation, they will not be entitled
to reinstatement, however, they will be entitled to
all other consequential benefits.
Sd/-
JUDGE
