2 11.01.2021 This Matter Is Taken ... vs Unknown
2021 Latest Caselaw 357 Ori

                 W.P.(         C.M.P.
                                   W.P.(C)
                                      No.1360
                                           No.450
                                              of 2015
                                                   of 2021




2   11.01.2021                 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 her 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 the
                          case of Secretary State of Karnataka and Others Vrs. Umadevi
                          (3) and Others, 2006 (4) SCC 1 and in State of Karnataka &
                          others Vrs. M.L. Kesari & others, AIR 2010 SC 2587, involving
                          SLP(C) No.18642/2018.
                                   Learned counsel for petitioner submits that the petitioner
                          was engaged as MPHW (M) on contractual 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, AIR 2010 SC 2587, involving SLP(C) No.18642/2018.
                                 Considering the contentions raised by the learned counsel
                          for petitioner and after going through the records, it appears that
                          the petitioner has rendered service for more than 12 years on
                          contractual 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 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, AIR 2010 SC
                         -2-




      2587 involving SLP(C) No.18642/2018 and also the resolution of
      the Government on this issue, 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.
             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.

                                             ..............................

Biswanath Rath,J sks