WP(C)/10799/2021
2021 Latest Caselaw 3948 Ori

                          W.P.(C) No.10799 of 2021




02.   22.03.2021                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 party nos.2 and 3
                   to    regularize   his   service   taking   into   account   his
                   continuous service of more than 19 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
                   Vrs.. 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 19 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 Vrs. 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 19 years on DLR basis.
uks
                   Therefore, the case of the petitioner is squarely covered
                   by the ratio decided in the cases cited supra.
                     2




              In that view of the matter, this Court
disposes of this Writ Petition directing the opposite party
nos.2 and 3 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
Vrs. 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 service of the petitioner
shall be maintained till a decision is taken in the matter
by the opposite party in terms of the above directions.
              This Court further observes in the event
there is regular vacancy in the driver post, attempt may
also be made to regularize the service of the petitioner.



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