2 17.03.2021 Heard Learned ... vs Counsel For The
2021 Latest Caselaw 3715 Ori

           W.P.(         C.M.P.
                            W.P.(C)
                                No.1360
                                     No.9803
                                        of 2015
                                              of 2021




2   17.03.2021        Heard learned counsel for the petitioner and learned State
                   Counsel for the opposite party.
                       The petitioners have filed this application seeking for a
                   direction to the opposite party to regularize the services taking
                   into account his continuous service of more than 14 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 DLR basis. He has already rendered more than
                   14 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 petitioners and after going through the records, it appears
                   that the petitioner has rendered service for more than 14 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 party 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
                           -2-




      from the date of communication of a copy of this order by the
      petitioner and grant consequential service benefits as due
      admissible to them.
           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 party in terms of the above
      direction.


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

sks