Karnataka High Court
The Commissioner vs Smt Revathi on 8 September, 2023
Bench: Chief Justice, Krishna S Dixit
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NC: 2023:KHC:32507-DB
WA No. 459 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF SEPTEMBER, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT APPEAL NO. 459 OF 2023 (S-RES)
BETWEEN:
1. THE COMMISSIONER,
HINDU RELIGIOUS INSTITUTION AND
CHARITABLE ENDOWMENT DEPARTMENT,
3RD FLOOR, MINTO ANJANEYA BHAVAN,
A.V.ROAD, CHAMARAJPET,
BENGALURU - 560 018.
2. THE DEPUTY COMMISSIONER,
HINDU RELIGIOUS INSTITUTION AND
CHARITABLE ENDOWMENT DEPARTMENT,
3RD FLOOR, MINTO ANJANEYA BHAVAN,
Digitally signed A.V.ROAD, CHAMARAJPET,
by SHARADA BENGALURU - 560 018.
VANI B
Location: HIGH 3. THE HEAD QUARTERS ASSISTANT-1,
COURT OF HINDU RELIGIOUS INSTITUTION AND
KARNATAKA CHARITABLE ENDOWMENT DEPARTMENT,
3RD FLOOR, MINTO ANJANEYA BHAVAN,
A.V.ROAD, CHAMARAJPET,
BENGALURU - 560 018.
4. THE HEAD QUARTERS ASSISTANT-2
HINDU RELIGIOUS INSTITUTION AND
CHARITABLE ENDOWMENT DEPARTMENT,
3RD FLOOR, MINTO ANJANEYA BHAVAN,
A.V.ROAD, CHAMARAJPET,
BENGALURU - 560 018.
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WA No. 459 of 2023
...APPELLANTS
(BY SMT.NILOUFER AKBAR., ADDL. GOVERNMENT ADVOCATE)
AND:
1. SMT REVATHI
W/O NARASIMHAMURTHY,
AGED ABOUT 33 YEARS,
R/AT NO.10 13TH MAIN ROAD,
V S GARDEN, MAGADI ROAD,
BENGALURU - 560 023.
2. SMT. MAHALAKSHMI,
W/O GANGADHAR,
AGED ABOUT 40 YEARS,
R/AT NO.84, 22ND MAIN ROAD,
V.S.GARDEN,
BENGALURU - 560 026.
3. SRI. GANGADHAR,
S/O LATE NARASIMHA,
AGED ABOUT 56 YEARS,
R/AT 84, 16TH MAIN ROAD,
V.S.GARDEN,
BENGALURU - 560 020.
...RESPONDENTS
(BY SRI. RAMACHANDRA H V.,ADVOCATE)
THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO A) CALL FOR
RECORDS AND B) ALLOW THE WRIT APPEAL AND C) SET ASIDE
THE IMPUGED ORDER DATED 13.12.2022 PASSED BY THE
LEARNED SINGLE JUDGE OF THE HONBLE HIGH COURT IN WP
NO.8873/2021(S-RES) AND ETC.,
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
CHIEF JUSTICE DELIVERED THE FOLLOWING:
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WA No. 459 of 2023
JUDGMENT
This intra-Court Appeal seeks to call in question the
learned Single Judge's order dated 13.12.2022 whereby
private Respondents' W.P.No.8873/2021 having been
favoured, the 1st Appellant herein i.e., the Commissioner
for Hindu Religious Institution and Charitable Endowment
Department has been "directed to continue the Petitioners
on daily wage basis as Scavengers, till regular recruitment
is made and also provide the Petitioners opportunity to
participate in the regular recruitment process."
2. Learned Additional Government Advocate
appearing for the Appellants submits that whether a daily
wager should be continued in service or not, is a matter
left to the discretion of the Executive; persons working in
Government or Public Employments on daily wage basis do
not have a justiceable right to continue in such
employment. That being the position, the learned Single
Judge has grossly erred in quashing the orders whereby
the private Respondents were discharged from service
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WA No. 459 of 2023
innocuously. So arguing, she prays that the impugned
order be set at naught.
3. Having heard the learned Additional
Government Advocate and having perused the Appeal
papers, we decline indulgence in the matter, broadly being
in agreement with the reasoning of the learned Single
Judge. The very fact that all the private Respondents
have put in a continuous service of more than a decade,
gives them a justiceable right to continue on daily wage
basis till after regular recruitment is done. It is now well
established that one set of daily wagers cannot be
removed for bringing another like set. It is not that the
regular recruitment has been done and therefore, these
daily wagers have to yield place the regular recruitees. By
very nature, the process of regular recruitment is time
consuming and therefore, till that is accomplished, the
services of these people cannot be dispensed with.
4. It hardly needs to be stated that these poor
persons have been working since a long period, with
Spotless Service Record. The Appellants want to make
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WA No. 459 of 2023
regular appointment, is true. However till that is done,
these poor persons doing a very valuable work, namely
scavenging the City roads, cannot be discontinued.
Learned Single Judge having referred to various decisions
of the Apex Court has granted right relief to these daily
wagers for whom the job at hands apparently is the only
source of livelihood. He is also right in directing the
Appellants to permit all these persons to participate in the
regular recruitment process. It hardly needs to be stated
some leniency needs to be justifiably shown to them even
in the regular recruitment process, regard being had to
their long & spotless service.
In the above circumstances, this Appeal being devoid
of merits, is liable to be and accordingly dismissed.
Costs made easy.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
Bsv
