2 15.03.2021 Heard Learned ... vs Counsel For The
2021 Latest Caselaw 3576 Ori

           W.P.(         C.M.P.
                           W.P.(C).
                                No.1360
                                    No.8858
                                        of 2015
                                            of 2021




2   15.03.2021

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 15 years and also considering his past services, 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 contractual basis. He has already rendered more than 15 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 15 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 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-5 series and also keeping in view the rule framed by the Government vide Annexure-4 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.

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BISWANATH RATH,J

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