Karnataka High Court
High Court Legal Service Committee vs Government Of Karnataka on 8 January, 2025
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WP No. 52485 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JANUARY, 2025
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 52485 OF 2014 (S-RES) PIL
BETWEEN:
1. HIGH COURT LEGAL
SERVICE COMMITTEE
FUNCTIONING UNDER
THE AUSPICES OF THE
KARNATAKA STATE LEGAL
SERVICES AUTHORITY
"NYAYA DEGULA",
FIRST FLOOR,
H. SIDDAIAH ROAD,
BANGALORE-560 027.
REP BY ITS SECRETARY
Digitally
signed by H MR. ABHAY CHOUGALA.
K HEMA
Location:
High Court ...PETITIONER
of Karnataka
(BY SMT. B V NIDHISHREE, ADVOCATE)
AND:
1. GOVERNMENT OF KARNATAKA
M.S. BUILDING,
BANGALORE-560 001.
REP BY ITS CHIEF SECRETARY.
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WP No. 52485 of 2014
2. REGISTRAR GENERAL
HIGH COURT OF KARNATAKA,
BANGALORE-560 001.
...RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R1;
SMT. B.V.VIDYULATHA, ADVOCATE FOR R2)
THIS WP FILED UNDER ARTICLES 226 AND 227 OF
CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE
GROUP 'D' EMPLOYEES WORKING ON DAILY WAGES AT THE
DHARWAD AND GULBARGA BENCHES OF THIS HON'BLE
COURT ARE ENTITLED TO THE SAME PAY AS THE REGULAR
GROUP 'D EMPLOYEES SO EMPLOYED, AND ISSUE
CONSEQUENTIAL DIRECTIONS BY WAY OF MANDAMUS TO
THE FIRST RESPONDENT AND GRANT SUCH OTHER AND
FURTHER RELIEFS AS MAY BE JUST AND NECESSARY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE M.I.ARUN
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WP No. 52485 of 2014
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
Moved by the High Court Legal Services Committee, in the
present public interest petition, the cause sought to be espoused
was with regard to equal treatment to be given to Group 'D'
employees working on daily wages at the Dharwad and Kalaburagi
Benches of the High Court of Karnataka in terms of payment of
salary treating them at par with the other employees.
2. It was stated that Group 'D' employees employed to work in
the establishment of the High Court at the said two places where
the Circuit Benches function, parity in remuneration was eluded for
them. There were about 36 employees working on the
establishment of the benches, most of them were deputed to work
at the residence of Hon'ble Judges and that, they have put in a
reasonably long continuous satisfactory service.
3. It was contended in the petition that the daily wage
employees had have the right to be treated at par on the ground
that they have been discharging duties of similar nature and
therefore, could not have been treated differently in the matter of
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paying the salary and other remunerative benefits which are part of
the salary.
3.1. The proceedings of this petition witnessed several orders
passed by the Court from time to time, including the orders were
passed on 27.01.2016, 28.07.2016 and 17.11.2021 stating the
material aspects in the controversy. By order dated 28.07.2016, the
Court refused to accept the stand taken by the State Government.
The Registrar General was directed to furnish the list of the
employees who have been working at the said Benches as on
January 27, 2016 excluding the 64 persons who were covered by
the interim order earlier passed on 27.01.2016.
3.2. In the order dated 17.11.2021, the Court recorded the
submission on the part of learned advocate for respondent No.2
that the part time employees employed at the Dharwad and
Kalaburagi Benches of the High Court have been paid wages at the
enhanced rate and arrears have also been paid to them which was,
however, prospectively.
4. Today when the petition came up for consideration, learned
Additional Government Advocate Smt. Niloufer Akbar filed a memo
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dated 08.01.2025 producing therewith the copy of approved
proposal of the Finance Department, Government of Karnataka
along with the copy of the endorsement issued by respondent
No.1-the Chief Secretary, State of Karnataka.
4.1. It is stated in the memo that the application of petitioner has
been considered and the benefit of general holidays and
Government holidays as notified by this Court in the calendar is
granted to the part time daily wage manual workers working in the
Benches of High Court at Dharwad and Kalaburagi. The memo
accompanies copies of relevant correspondence and order dated
07.01.2025 of the Finance Department and from the Karnataka
Government Secretariat.
4.2. Learned advocate Smt. B.V. Nidhishree for the petitioner
stated that these orders passed by the State Government
substantially and largely satisfies the grievance of the petitioner.
She, however, submitted that the issue of arrears of payment of
salary at the enhanced rate for the period from 2012 to 2019 is yet
be addressed by the competent authority.
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5. The situation emerges after the filing of the above
documents/orders by the State Governmental authorities along with
memo, is that the benefit of general holidays is accorded to the
class of daily wagers at Dharwad and Kalaburagi Benches of the
High Court to make them stand with par with the regular
employees in terms of the said remainder benefit. These daily
wagers have already been paid the salary equivalent to which is
paid to the regular employees. They shall be continued to be paid
accordingly the salary and other benefits at par with regulars.
There is no gainsaying about that.
6. In the totality of the facts and circumstances, the Court finds
that since the substantial part of the grievance is taken care of by
the Governmental authorities by granting the holidays and treating
the daily wage employees at the said two Benches at par with the
other employees, the present proceedings are not required to be
continued.
7. As far as the surviving aspect of the arrears of payment
during the aforesaid period from 2012 to 2019 is concerned, the
employees are permitted to make a detailed representation to the
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Registrar General of this Court since they are appointed under
Rules 7 and 55(2) of the Manual of Contingent Expenditure, 1958.
8. Learned advocate for the petitioner stated that such
representation will be made within four weeks. Once the
representation is made, the Registrar General of this Court is
directed to forward the same to the competent authority of the
State Government, which shall in turn decide the same in
accordance with law and more particularly keeping in view that
these daily waged employees are treated at par with regular
employees in all other respects, within three months from the date
of such representation, so as to iron out the creases. The
representation may be considered sympathetically.
9. The Court, however, as such, does not express any opinion
about the representation which may be made by the petitioner.
While parting, the Court notes that the respondents have
taken a fair and justice-oriented stand. The Court records a special
appreciation for learned Additional Government Advocate
Mrs. Niloufer Akbar for her effective, objective and able assistance
to the Court in the matter.
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The petition stands disposed of in the aforesaid terms.
SD/-
(N. V. ANJARIA)
CHIEF JUSTICE
SD/-
(M.I.ARUN)
JUDGE
PGG
