Karnataka High Court
Sri. Chandrappa. K. N vs The Principal Secretary on 6 February, 2024
-1-
NC: 2024:KHC:5051
WP No. 3363 of 2024
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. 3363 OF 2024 (S-RES)
BETWEEN:
SRI. CHANDRAPPA. K. N.
S/O NARAYANAPPA K,
AGED ABOUT 43 YEARS,
WORKING AS A PHYSICAL EDUCATION TEACHER,
MORARJI DESAI RESIDENTIAL SCHOOL (ST-632)
KASABA, RANEBENUR TALUK, HAVERI DIST.
C/O HANUMESHAPPA K, NO 14, KAUSHALYA
NILAYA, 2ND CROSS, BEHIND CHITRAKOOTA
SCHOOL, NAGADEVANAHALLI,
BANGALORE-560056.
...PETITIONER
(BY SRI. JAGDISH SHASTRI, ADVOCATE)
Digitally AND:
signed by
ALBHAGYA
Location: 1. THE PRINCIPAL SECRETARY
HIGH COURT SOCIAL WELFARE DEPARTMENT,
OF STATE OF KARNATAKA,
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,
-2-
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WP No. 3363 of 2024
CUNNINGHAM ROAD, BANGALORE 560052.
3. THE DEPUTY DIRECTOR
SOCIAL WELFARE DEPARTMENT,
HAVERI, HAVERI DIST-581110.
...RESPONDENTS
(BY SRI.B.RAVINDRANATH, AGA)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO 1) DIRECT THE
RESPONDENTS TO CONTINUE THE SERVICE OF THE
PETITIONER AS A TEACHER AS HE WAS WORKING AS AGAINST
THE SANCTIONED VACANT POST IN KARNATAKA RESIDENTIAL
EDUCATIONAL INSTITUTIONS SOCIETY TILL REGULAR
RECRUITMENT IS TAKEN PLACE IN ACCORDANCE WITH LAW
AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The captioned petition is filed seeking the following
reliefs:
"1) Direct the respondents to constitute the
service of the petitioner as a teacher as he was
working as against the sanctioned vacant post in
Karnataka Residential Educational Institutions
Society till regular recruitment is taken place in
accordance with law.
2) Direct the respondents to pay the scale
attached to the post of a teacher as specified in the
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regulation of society to the petitioner on the principal
of equal pay for equal work as held by the Hon'ble
Supreme Court in 2017 (1) SCC 148 and
consequently direct the respondents to pay the
difference of arrears of salary to the petitioner from
the date of appointment with all other consequential
benefit under the fact and circumstances of the case.
3) 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 petitioner
in the respondents' institutions, in the interest of
justice and equity.
4) 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 petitioner 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
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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
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 the
Principal has appointed petitioner on contract basis.
Though petitioner admit that he is appointed purely on
temporary basis but whether he is appointed by
respondent No.2 or by outsourcing agency is not
(2016) 08 Kar CK 0107
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forthcoming. If petitioner is 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, petitioner's
eligibility criteria was never taken into consideration and
was appointed through recruitment process. There is a lot
of ambiguity and vagueness in the pleadings in the
petition. Therefore, the petitioner's claim that he is
entitled for regularization 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,
petitioner if he is 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:
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ORDER
(i) The writ petition is allowed in part;
(ii) The respondents are hereby directed
not to relieve the petitioner if he is still
rendering his service in the respondent No.2-
Society against the vacancies subject to filling
up of those vacant posts through proper
recruitment process.
(iii) The pending interlocutory application,
if any, does not survive for consideration and
stands disposed of accordingly.
Sd/-
JUDGE
CA
