2 11.01.2021 This Matter Is Taken ... vs Counsel For The
2021 Latest Caselaw 334 Ori

           W.P.(         C.M.P.
                           W.P.(C).
                                No.1360
                                    No.67
                                        ofof
                                          2015
                                             2021




2   11.01.2021

This matter is taken up through Video Conferencing.

Heard learned counsel for the petitioner and learned State Counsel for the opposite parties.

The petitioner has filed this application seeking for a direction to the opposite party to regularize his services taking into account his continuous service of more than 13 years and also considering his past services from 6.11.1992 to 19.2.2020, 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 DLR basis. He has already rendered more than 13 years of service under the opposite party 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 13 years on DLR basis. Therefore, the case of the petitioner is squarely covered by the ratio decided in the cases cited supra.

In that view of the matter, this Court disposes of this Writ Petition directing the opposite parties to treat the writ petition as representation at the instance of the petitioner and 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, the development through Annexure-4 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 the petitioner.

It is further directed that in the event the petitioner is still continuing in his services, 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.

As restrictions are continuing for Covid-19, petitioner may utilize the soft copy of this order available in the High Court's Website or print out thereof at par with certified copies in the manner prescribed vide Court's Notification No.4587 dated 25.3.2020.

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BISWANATH RATH,J

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