Karnataka High Court
Sri. Shanthi Prakash vs The Principal Secretary on 5 June, 2024
Author: B M Shyam Prasad
Bench: B M Shyam Prasad
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NC: 2024:KHC:19358
WP No. 13096 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD
WRIT PETITION NO. 13096 OF 2024 (S-RES)
BETWEEN:
SRI. SHANTHI PRAKASH
S/O LATE CHIKKANNA
FIRST DIVISION CLERK (RETIRED)
AGED ABOUT 63 YEAR,
RESIDING AT NADEMAVINAMARA,
KUNIGAL TALUK, YADIYURU HOBLI,
TUMKURU DIST - 572 130.
...PETITIONER
(BY SRI. GIRI KUMAR S V., ADVOCATE)
AND:
Digitally
signed by 1. THE PRINCIPAL SECRETARY
NARASIMHA
MURTHY ANIMAL HUSBANDRY FISHERIES,
VANAMALA
Location: VIKAS SOUDHA, 4TH FLOOR,
HIGH
COURT OF DR B R AMBEDKAR VEEDHI,
KARNATAKA
BENGALURU - 560 001.
2. THE PRINCIPAL SECRETARY
DEPARTMENT OF PUBLIC ADMINISTRATIVE,
AND REFORMS, VIKAS SOUDHA,
BENGALURU - 560 001.
3. DIRECTOR OF FISHERIES
PODIYAM BLOCK, 3RD FLOOR,
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NC: 2024:KHC:19358
WP No. 13096 of 2024
V V TOWER, DR B R AMBEDKAR VEEDHI,
BENGALURU - 560 001.
4. DEPUTY DIRECTOR OF FISHERIES
NATIONAL FISH SEED FARM,
B R PROJECT, BHADRAVATI (T)
SHIMOGA 577 115.
5. ASST. DIRECTOR OF FISHERIES
VANI VILASA SAGARA,
HIRIYUR (T)
CHITRADURGA - 577 599.
...RESPONDENTS
(BY SRI. NAVEEN CHANDRASHEKAR, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ISSUED ENDORSEMENT BEARING VIDE NO.
ENDORSEMENT /NINI/ADMINISTRATION (02)/01/2023
DATED 25/03/2024 IS HEREWITH AS ANNEXURE-E
ISSUED BY R3; DECLARE THAT THE PETITIONER IS IN
COMPLIANCE OF UMADEVI'S JUDGMENT DATED
10/06/2006 SINCE THE PETITIONER ADMITTEDLY IN
THE ENDORSEMENT BEARING VIDE NO.
ENDORSEMENT / NINI/ADMINISTRATION (2)/01/2023
DATED 25/03/2024 IS HEREWITH AS ANNEXURE-E
THAT HE IS WORKING SINCE 14/11/1988 IN
SANCTIONED / SUPERNUMERARY POST.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE
FOLLOWING:
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WP No. 13096 of 2024
ORDER
The petitioner, who is now aged 63 years, was
in employment with the Directorate of Fisheries [the
third respondent] as a Daily Wager. The State
Government, acting under the provisions of the
Karnataka Daily Wage Employees' Welfare Act 2012,
has issued the Notification dated 28.06.2014
signifying that the petitioner shall continue as a Daily
Wager until he completes the age of 60 years, and he
shall be entitled for certain consequential benefits.
The petitioner, upon completing 60 years, is paid a
sum of Rs.5,62,154/- in accordance with the afore
Act1.
The petitioner thereafter viz., on 21.12.2023
has filed a representation, in terms of the liberty
reserved by this Court while disposing of his
subsequent writ petition in W.P.No.24495/2023 [S-
1 Obviously, there is an error in mentioning the Act in the
Communication dated 25.03.2024 as Daily Wages Act,
1972.
NC: 2024:KHC:19358
RES], seeking regularization and consequential
benefits. The petitioner's case for regularization has
been considered under the relevant Rules and
thereafter notification is issued to stipulate that the
petitioner will continue as a Daily Wager until the
completion of 60 years being entitled to certain
financial benefits, and if the petitioner has received
such benefits, this Court must observe that no
exception can be taken with the impugned
Communication dated 25.03.2024 [Annexure-E]
whereby, the petitioner is informed that his request
for regularization, cannot be considered for the
reasons as stated above.
Therefore, the petition is rejected.
Sd/-
JUDGE
RB
