2 29.1.2021 This Matter Is Taken Up ... vs Unknown
2021 Latest Caselaw 1049 Ori

                        W.P.(C) NO.3237 OF 2021




2   29.1.2021                 This   matter    is     taken   up    through    Video
                Conferencing.
                              Heard learned counsel for the petitioner and
                learned counsel for the State.
                              The petitioner has filed this application seeking
                for a direction to the opposite parties to regularize his
                services taking into account his continuous service of more
                than 12 years, as has been done in favour of the other
                similarly situated persons as per Government Circular and
                in terms of the principle decided in Secretary State of
                Karnataka and Others v. Umadevi (3) and Others (2006) 4
                SCC 1 and in State of Karnataka & others Vrs. M.L. Kesari &
                others involving SLP(C) No.15774/2006.
                              Learned counsel for the petitioner submits that
                the petitioner was engaged on monthly remuneration basis.
                He has already rendered more than 12 years of service
                under   the     opposite    parties    and    therefore,   seeks   for
                regularization of services in view of the judgment passed by
                the Hon'ble apex Court in Secretary State of Karnataka and
                others v. Umadevi (3) and others (2006) 4 SCC 1 and in
                State of Karnataka & others Vrs. M.L. Kesari & others
                involving SLP(C) No.15774/2006.
                              Considering     the     contentions   raised    by   the
                learned counsel for the petitioner and after going through
                the records, it appears that the petitioner has rendered
                service for more than 12 years on monthly remuneration
                basis. Therefore, the case of the petitioner is squarely
                covered by the ratio decided in the cases cited supra.
m                             In that view of the matter, this Court disposes of
                this Writ Petition directing the opposite parties to consider
 the case of the petitioner and regularize his services keeping
in view the judgment in the case of Secretary State of
Karnataka and others v. Umadevi (3) and others (2006) 4
SCC 1 and in State of Karnataka & others Vrs. M.L. Kesari &
others   involving   SLP(C)   No.15774/2006    and   also   the
resolution of the G.A. Department dated 17.09.2013, within
a period of four months from the date of communication of a
copy of this order by the petitioner and grant consequential
service benefits as due admissible to him.
            It is further directed that in the event the
petitioner is still continuing in his service, status quo as on
today in respect of the services of the petitioner shall be
maintained till a decision is taken in the matter by the
opposite parties in terms of the above direction.
            The petitioner may utilise the soft copy of this
order available in the High Court's website or print out
thereof at par with certified copy in the manner prescribed,
vide Court's Notification No.4587 dated 25.3.2020.



                                ..............................
                                Biswanath Rath, J.