Karnataka High Court
Smt Esther Rani vs The Secretary Social Welfare ... on 6 February, 2024
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WP No. 27722 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 27722 OF 2023 (S-RES)
BETWEEN:
1. SMT ESTHER RANI
D/O AROKIYASWAMY
AGED ABOUT 28 YEARS
WORKING AS A FDA CUM COMPUTER OPERATOR
KITTUR RANI CHANNAMMA MODEL RESIDENTIAL
SCHOOL (ST-414), BHOOVANAHALLI
MANANGI POST, SIRA TALUK
TUMKUR DIST-572139
2. SRI CHIKKANNA N
S/O POO NINGAPPA
AGED ABOUT 33 YEARS
WORKING AS A FDA CUM COMPUTER OPERATOR
Digitally
MORARJI DESAI RESIDENTIAL SCHOOL(SC-77)
signed by
ALBHAGYA BHUVANAHALLI, MANANGI POST
Location: SIRA TALUK, TUMKUR DISTRICT-572139
HIGH COURT
OF 3. SMT MANJULA
KARNATAKA W/O SHIVANNA
AGED ABOUT 33 YEARS
WORKING AS A WATHCMAN
EKALAVYA RESIDENTIAL SCHOOL(ST-601)
DEVARAKOTTA, HIRIYUR TALUK
CHITRADURGA DIST-577546
...PETITIONERS
(BY SRI. JAGDISH SHASTRI, ADVOCATE)
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WP No. 27722 of 2023
AND:
1. THE SECRETARY
SOCIAL WELFARE DEPARTMENT
AND SCHEDULED TRIBES WELFARE DEPT
STATE OF KARNATAKA
VIKAS SOUDHA, BANGALORE-1
2. KARNATAKA RESIDENTIAL EDUCATIONAL
INSTITUTIONS SOCIETY
(ITS UNDER TAKING GOVT.)
REPTD BY ITS EXECUTIVE DIRECTOR
KARNATAKA STATE CO-OPERATIVE BOARD
BUILDING, 6 AND 7 FLOOR, NEAR CHANDRIKA
HOTEL, CUNNINGHAM ROAD
BANGALORE-560052
3. THE DEPUTY DIRECTOR
SOCIAL WELFARE DEPARTMENT
TUMKUR, TUMKUR DIST-572101
4. THE DISTRICT TRIBES WELFARE OFFICER
SCHEDULED TRIBES WELFARE DEPARTMENT
CHITRADURGA
CHITRADURGA DISTRICT-577501
...RESPONDENTS
(BY SRI.B.RAVINDRANATH, AGA FOR R1 & R3 & R4;
SRI.NAGAIAH, ADVOCATE FOR R2)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO 1) DIRECTING THE
RESPONDENTS TO EXTEND THE BENEFIT OF SERVICE
WEIGHTAGE AND TO RELAXATION OF AGE IN THE
REGULATION AND TO BRING IN CONFORMITY WITH THE
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WP No. 27722 of 2023
RULES OF REGULARIZATION OF THEIR SERVICE OF JOB OF
THE PETITIONERS IN THE RESPONDENTS EDUCATIONAL
INSTITUTIONS AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The captioned petition is filed seeking the following
reliefs:
"1) Issue writ in the nature of mandamus or
any other appropriate writ, order or direction,
directing the respondents to extend the benefit of
service weightage and to relaxation of age in the
regulation and to bring in conformity with the Rules
of regularization of their service of job of the
petitioners in the respondents' educational
institutions, in the interest of justice and equity.
2) Issue writ in the nature of certiorari or any
other appropriate writ, order or direction and quash
the Notification bearing No.SWD 70 MDS 2010,
Bangalore dated 21.01.2011 Regulations issued by
the 1st respondent. Vide Annexure-A thereby
amends the Cadre and Recruitment Regulations 2011
and to extend the benefit of service weightage and to
relaxation of age in the regulation and to bring in
conformity with the Rules of regularization of their
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service of job of the petitioners in the respondents'
institutions.
3) Issue any other writ or direction in the nature
of writ which this Hon'ble court may deem fit, in the
facts and circumstances of the above said case, in
the interest of justice and equity."
2. Heard learned counsel for the petitioners and
learned counsel appearing for the respondents.
3. The issue relating to benefit of service
weightage is given a quietus by this Court in a reported
judgment rendered in the case of Morarji
Desai/Ekalavya Residential Pre-University College
vs. State of Karnataka1. This Court while considering
the issue relating to grant of weightage has taken
cognizance of the fact that under Regulations dated
07.08.2013, the provision for granting weightage was
done away in respect of contract teachers. Therefore, the
coordinate Bench declined to accede to the claim of the
petitioners in the said writ petition. If the amended
(2016) 08 Kar CK 0107
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Regulations does not provide for granting service
weightage, this Court cannot issue any direction to provide
weightage for the period of service rendered by the
petitioner purely on temporary basis.
4. On meticulous examination of the averments
made in the petition, it is not forthcoming as to how
petitioners were appointed on contract basis. Though
petitioners admit that they are appointed purely on
temporary basis but whether they were appointed by
respondent No.2 or by outsourcing agency is not
forthcoming. If petitioners are appointed on temporary
basis and if there was no advertisement notifying the
posts and if applications were not invited from the
intending candidates, it not being an open competition and
petitioners eligibility criteria was never taken into
consideration and they were appointed through
recruitment process. There is a lot of ambiguity and
vagueness in the pleadings in the petition. Therefore, the
petitioners claim that they are entitled for regularization
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also cannot be acceded to for want of pleadings and
documents in that regard.
5. However, in identical cases, this Court has
issued mandamus to respondent No.2 not to relieve those
petitioners who are serving on ad-hoc basis against
sanctioned posts until the said vacancies are filled through
proper recruitment process. In that view of the matter,
petitioners if they are still serving in the institution shall
not be relieved by the respondents unless there is a
permanent appointment against sanctioned posts.
6. With these observations, I pass the following:
ORDER
(i) The writ petition is allowed in part;
(ii) The respondents are hereby directed
not to relieve the petitioners if they are still
rendering their service in the respondent No.2-
Society against the vacancies subject to filling
up of those vacant posts through proper
recruitment process.
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(iii) The pending interlocutory application,
if any, does not survive for consideration and
stands disposed of accordingly.
Sd/-
JUDGE
CA
