Karnataka High Court
Sri S Sathish vs State Of Karnataka on 24 February, 2014
Author: A.N.Venugopala Gowda
Bench: A.N. Venugopala Gowda
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 24TH DAY OF FEBRUARY, 2014
BEFORE
THE HON'BLE MR. JUSTICE A.N. VENUGOPALA GOWDA
WRIT PETITION NOs.45894-45941/2013 (S-REG)
BETWEEN:
1. SRI. S. SATHISH
SON OF SRI. SHIVANNA
AGED 29 YEARS, PEON
FAST TRACK COURT
BANGALORE CITY - 560 009.
2. SMT. ASHA S. KABADGI
WIFE OF SRI. M.B.JABAGOUDAR
AGED 24 YEARS
SDA, FAST TRACK COURT
BANGALORE CITY - 560 009.
3. SMT. G.SHASHIKALA
WIFE OF SRI.GURUDATTA SHARMA
AGED 34 YEARS
FDA, FAST TRACK COURT
BANGALORE CITY - 560 009.
4. SMT. V.SHASHIKALA
DAUGHTER OF SRI. VENKATARAMAIAH
AGED 32 YEARS
WORKED AS TYPIST IN FAST TRACK COURT
DODDABALLAPUR
RESIDING AT VINAYAKA NAGAR
4TH WARD, COURT ROAD
DODDABALLAPUR - 561 203
BANGALORE RURAL DISTRICT.
2
5. SMT. R. CHAYADEVI
WIFE OF SRI. K.C. SRINIVAS
AGED 29 YEARS
WORKED AS SDA, FAST TRACK COURT
MYSORE
RESIDING AT NO.1058
4TH MAIN, 33RD CROSS
VIDHYARANYAPURAM
MYSORE - 570 001.
6. SRI. NINGAPPA DYAMAPPA GORAVANAKOLLA
AGED 36 YEARS
WORKED AS PEON IN FAST TRACK COURT
HAVERI - 581 110
7. SRI. H.G.SHIVASHANKARA
SON OF SRI. GOPALAGOUDA
AGED 32 YEARS
WORKED AS PEON IN FAST TRACK COURT
DODDABALLAPUR
RESIDING AT HIRISAVE
CHENNENA HALLI
POST CHANNARAYA PATNA TALUK
HASSAN DIST. - 573 116.
8. SRI. MANJUNATHA
AGED 35 YEARS
WORKED AS FDA IN FAST TRACK COURT
DODDABALLAPUR
RESIDING AT NO.1803
8TH MAIN, JUDICIAL LAYOUT
BANGALORE - 560 065.
9. SRI. C. CHOWDAPPA
SON OF CHINNAPPA
AGED 29 YEARS
SDA, FAST TRACK COURT
BANGALORE - 560 009.
10. MS. S.RADHIKA
DAUGHTER OF SRI.SHIVAPPA
AGED 27 YEARS
3
TYPING IN FAST TRACK COURT
BANGALORE - 560 009.
11. MR. MUNAVAR
SON OF MR.ABDUL ZABBARSAB
AGED 31 YEARS
PEON IN FAST TRACK COURT
BANGALORE - 560 009.
12. SRI. K.K. DASE GOUDA
AGED 36 YEARS
PEON IN FAST TRACK COURT
BANGALORE - 560 009.
13. SMT. RAJAMMA
WIFE OF SRI. SIDDAPPA
AGED 39 YEARS
PEON, FAST TRACK COURT
BANGALORE - 560 009
14. MS.C.VENKATA LAKSHMI
DAUGHTER OF SRI. CHIKKAIAH
AGED 41 YEARS
TYPIST, FAST TRACK COURT
BANGALORE - 560 009.
15. SRI. GOPAL KADAPPA BALIKAL
AGED 51 YEARS
WORKED AS SDA IN FAST TRACK COURT, GOKAK
RESIDING AT BELVI IN HUKKERI TALUK.
16. SRI. A.V. MALLIKARJUNA
SON OF SRIU VEERAPPA
AGED 40 YEARS
WORKED AS PEON IN FAST TRACK COURT
BHADRAVATHI
RESIDING AT KRISHNA DHAMA COMPLEX
HOSAMANE, 2ND CROSS
JAIL ROAD, SHIMOGA - 577 201.
17. SRI. D.RAJASHEKAR
SON OF SRI. DWARAKANATH
4
AGED 38 YEARS
WORKING AS SDA, FAST TRACK COURT, SAGAR
RESIDING AT DOOR NO.35(2)
9TH CROSS, VIDHYANAGAR
SHIMOGA - 577 203.
18. SRI. N. JAGADISH
SON OF NAGENDRAPPA
AGED 27 YEARS
WORKED AS PEON IN FAST TRACK COURT,
SHIMOGA
RESIDING AT MALLIGENAHALLI
BHADRAVATHI TALUK
SHIMOGA - 577 301.
19. SRI. SUDARSHAN N.KARKONE
SON OF SRI. K.NARASIMHAN
AGED 23 YEARS
SDA, FAST TRACK COURT
BANGALORE - 560 009.
20. SMT. K.C.HEMALATHA
WIFE OF SRI. BHARAT
AGED 32 YEARS
TYPIST, FAST TRACK COURT
BANGALORE -560 009.
21. SRI. H. RAGHAVENDRA SWAMY
AGED 29 YEARS
PEON, FAST TRACK COURT
BANGALORE - 560 009.
22. SMT. M.MADHAVI
DAUGHTER OF SRI. MADHADEVAIAH
AGED 24 YEARS
WORKED AS STENO IN FAST TRACK COURT
MYSORE
RESIDING AT NO.87
KURI MANDI, 2ND CROSS, KESARE
RAJENDRA NAGAR
MYSORE - 570 007.
5
23. SMT. M. MANGALAMMA
WIFE OF SRI. M.B.VENKATESH
AGED 39 YEARS, TYPIST
FAST TRACK COURT, HASSAN
RESIDING AT "MANAVE NILAYA"
BEHIND C.R.SHANKAR'S HOUSE
NEAR PUMP H OUSE
CHENNAPATNA, HASSAN - 560 009.
24. SMT. H.T. MAMATHA
WIFE OF SRI. VENKATESH MURTHY
AGED 32 YEARS
FDA, FAST TRACK COURT
BANGALORE - 560 009.
25. SMT. L. SHOBHA
WIFE OF SRI. BASAVARAJ
AGED 25 YEARS
FDA, FAST TRACK COURT
BANGALORE - 560 009.
26. SMT. M.B. KOKILA
WIFE OF SRI. MALLARAJE URS
AGED 36 YEARS
WORKED AS TYPING ST FAST TRACK COURT
MYSORE
RESIDING AT NO.749
10TH CROSS, 4TH STAGE
T.K.LAYOUT, MYSORE - 570 009.
27. SRI. YANKANNA
SON OF SRI. BASANNA KANAKAL
AGED 29 YEARS
WORKED AT FDA IN FAST TRACK COURT
RANEBENNUR IN HAVERI DIST.,
RESIDING AT PADEKANUR IN
MUDDEBIHAL TALUK
BIJAPUR DIST. - 586 212.
28. SRI. NAGARAJ RAMESH AGASIMANI
SON OF SRI.RAMESH AGASIMANI
AGED 34 YEARS
6
WORKED AS PEON IN FAST TRACK COURT, GADAG
RESIDING AT HOUSE NO.134 (LIG)
SIDDALINGA NAGAR
GADAG - 582 101.
29. SMT. LATA J. NAIK
DAUGHTER OF JANARDHAANA NAIK
AGED 33 YEARS
WORKED AS TYPIST IN FAST TRACK COURT
KARWAR
RESIDING AT AYAPPA NILAYA
4TH CROSS, AMBAGIRI
SIRSI - 581 403
30. SMT. S.M. PUSHPALATHA
WIFE OF DHRUVA KUMAR
AGED 35 YEARS
WORKED AS TYPIST
FAST TRACK COURT, CHANNARAYA PATNA
RESIDING AT NO.24, MPL. QUARTERS
NEAR MANJUNATHA THEATRE
ARAKALAGUDU
HASSAN DIST. - 573 102.
31. SMT. C. PUSHPA
WIFE OF SRI. ONKARA MURTHY
AGED 35 YEARS
WORKED AS TYPIST IN FAST TRACK COURT,
HASSAN
RESIDING AT NEAR SNEHA CONVENT
SHIVA JYOTHI NAGAR
ADLIMANE ROAD, HASSAN - 573 201.
32. SRI. V.VENKATESHA MURTHY
SON OF SRI. M.VARADHAIAH
AGED 40 YEARS
WORKED AS SDA
FAST TRACK COURT
BANGALORE - 560 009.
33. SMT. G.S. SHALINI
DAUGHTER OF SRI. SOMASHEKAR
7
AGED 23 YEARS
WORKED AS STENO, FAST TRACK COURT
BANGALORE (RURAL)
NO.267, 6TH 'A' CROSS
MARUTHI LAYOUT, CHOKKASANDRA
BANGALORE - 560 058.
34. KUM. U. SHRUTHI
DAUGHTER OF LATE SRI. UMA SHANKAR
AGED 29 YEARS
TYPIST IN FAST TRACK COURT
BANGALORE - 560 009.
35. KUM. S.LAVANYA
DAUGHTER OF SRI. SHANTHA RAJU
AGED 22 YEARS
TYPIST IN FAST TRACK COURT
BANGALORE - 560 009.
36. KUM. N.DEEPIKA
DAUGHTER OF SRI. B.NARAYANA
AGED 23 YEARS
STENO, FAST TRACK COURT
BANGALORE - 560 009.
37. SMT. S.HEMALATHA
WIFE OF SRI. MUNIRAJ
AGED 21 YEARS
TYPIST IN FAST TRACK COURT
BANGALORE - 560 009.
38. SMT. B.USHA
WIFE OF SRI. NITYANANDA
AGED 35 YEARS
SDA, FAST TRACK COURT
BANGALORE - 560 009.
39. SMT. POORNIMA V. KALMATH
WIFE OF LATE SIVAIAH HIREMATH
AGED 36 YEARS
TYPIST IN FAST TRACK COURT
BANGALORE - 560 009.
8
40. KUM. T. DHANALAKSHMI
AGED 40 YEARS
TYPIST, FAST TRACK COURT
BANGALORE - 560 009.
41. SRI. HANUMANTHAPPA
SON OF SRI. BASAVANNEPPA
AGED 27 YEARS
WORKED AS PEON IN FAST TRACK COURT
BIJAPUR, RESIDING AT BIJAPUR - 586 101
42. SRI. VENKATESH HANUMANTHA JOSHI
AGED 43 YEARS
WORKED AS PEON IN FAST TRACK COURT
JAMKHANDI
BAGALKOT DIST - 587 301.
43. SRI. S. MANJUNATHA
SON OF SRI. SHIVA KUMAR
AGED 26 YEARS
WORKED AS TYPIST IN FAST TRACK COURT
SHIMOGA
RESIDING AT 2ND CROSS
OPP. SAVITHA CLINIC
BASAVANAGUDI
SHIMOGA - 577 201.
44. SRI. SHIVARAJ
SON OF LATE SRI. UPENDRA
AGED 21 YEARS
WORKED AS PEON IN FAST TRACK COURT
SAGAR
RESIDING AT ASHOKA ROAD
ANANDAPURAM
SAGAR - 577 401
SHIMOGA DIST.
45. SRI. SRIKANTH
S/O. RAJU P.S.
MAJOR, AGE: 30 YEARS
#16/10, MANGALADEVI NAGAR
9
WORKED AS DRIVER, FAST TRACK COURT
KODAGU, MADIKERI - 571 201.
46. ESWARAMMA
W/O. NAGA RAJA REDDY D.S.
MAJOR, AGED ABOUT 36 YEARS
WORKING AS SDA, FTC, BANGALORE
R/AT DASARATHIMMANAHALLI
IMARAKUNTE
SRINIVASAPURA
KOLAR DISTRICT - 563 101.
47. RANGAMMA
W/O. KEMPAIAH
D/O. D. KARAIAPPA
AGED ABOUT 40 YEARS
TYPIST,
R/AT NEAR KARIMARIAMMA TEMPLE
RANIPETE, AMBEDKAR BADAVANE
MADIKERI, KODAGU DISTRICT - 571 201.
48. S.H. ARJUN
S/O. SANGAPPA M. HELAVAR
AGED ABOUT 24 YEARS
C/O. RAMRAJ
NO.27, 4TH MAIN
3RD CROSS, BYRASANDRA
JAYANAGAR 1ST BLOCK (EAST)
BANGALORE - 560 011.
... PETITIONERS
(BY SRI.K.ANANDARAMA, ADV.)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
LAW, JUSTICE & HUMAN RIGHTS DEPARTMENT
VIDHANA SOUDHA
BANGALORE - 560 001.
10
2. HIGH COURT OF KARNATAKA
BANGALORE -560 001
REPRESENTED BY ITS
THE REGISTRAR GENERAL.
... RESPONDENTS
(BY SMT. RAFEEUNISSA, HCGP)
THESE WRIT PETITIONS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING
TO DIRECT THE RESPONDENTS TO CONSIDER THE CASE
OF THE PETITIONERS FOR
REGULARISATION/ABSORPTION AS DIRECTED IN
W.A.NO.534/2013 & WA NOs.966-1058/2013(S-RES) AND
ACCORDINGLY REGULARIZE/ABSORB THE PETITIONERS
INTO REGULAR SERVICE AS HAS BEEN DONE IN
RESPECT OF FAST TRACK COURTS IN THE STATE OF
MADHYA PRADESH, JHARKHAND AND TAMIL NADU AND
AS PER THE JUDGMENT OF THE HON'BLE SUPREME
COURT IN BRIJ MOHAN LAL'S CASE (2012) 6 SCC 502.
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner Nos.1 to 3, 9 to 14, 19 to 21, 24, 25 and 34 to 40 claim that they are discharging their duties in the cadres of First Division Assistants, Second Division Assistants, Stenographers, Typists and Peons in the Fast Track Courts established at Bangalore. Petitioner Nos.4 to 8, 15 to 18, 22, 23, 26 to 33 and 41 to 48 claim that they worked as First Division Assistants, Second 11 Division Assistants, Stenographers, Typists, Peons and Drivers in the Fast Track Courts established through out the State and that they were relived of their duties by respondent No.1 pursuant to a notification dated 29.05.2013. These writ petitions have been filed to direct the respondents to consider the case of the petitioners for regularization/absorption in terms of the directions in WA.No.534/2013 and WA.Nos.966- 1058/2013 also by keeping in view the decision of the Apex Court in the case of BRIJ MOHAN LAL vs. UNION OF INDIA & OTHERS, reported in (2012) 6 SCC 502.
2. Sri K.Anandrama, learned Advocate for the petitioners inviting my attention to an order dated 23.11.2012 passed in WP.Nos.8627-8704/2012 and connected cases and the judgment passed in WA.No.534/2013 and connected appeals on 27.03.2013, submitted that the petitioners are entitled for similar treatment at the hands of the respondents. 12
3. Smt. Rafeeunisa, learned HCGP appearing for the respondents submitted that the grievance of the petitioners would be considered in accordance with law and the decision arrived at would be made known to the petitioners without any delay.
4. WP.Nos.8627-8704/2012 and 40504- 40535/2012 were filed by persons who worked in the Fast Track Courts established in pursuance of various notifications issued by the Registrar General, High Court of Karnataka, Bangalore - 1. They were working in various posts such as First Division Assistants, Second Division Assistants, Stenographers, Typists, Peons and Drivers since 2000-01 onwards. Their claims for regularization on the ground that they have put in more than 10 years of service having been rejected by the State Government and having been issued with an endorsement dated 06.09.2011, had filed writ petitions to direct the respondents to regularize their services by keeping in view the decision of the Apex Court in the 13 case of Umadevi (3) reported in (2006) 4 SCC 1. A learned Single Judge of this court by an order dated 23.11.2012, while making it clear that the impugned communication should not come in the way of the State Government in reconsidering the case of the petitioners afresh, directed the State Government to reconsider the matter insofar as such candidates who have fulfilled the norms stipulated in M.L.Kesari's case ((2010) 9 SCC
247) and by keeping in view similar situation, if there are any other legislation or rules framed by the other states, and if there is any possibility of considering the case of the petitioners in terms of the same, to consider the case of the petitioners.
5. Feeling aggrieved, the said writ petitioners had filed WA.Nos.534/2013 and 966-1058/2013. The Division Bench by judgment dated 27.03.2013, after noticing the fact that the respondents in the writ petitions have not called in question the order passed by the learned Single Judge and in any case the State is 14 required to comply with the directions to reconsider the matter, has observed vide Annexure-P as follows:
"5. While reconsidering the claims of the appellants, the Government may as well take into account the fact of continued service of the appellants and the requirement of experienced staff in the Courts to be newly opened as part of expansion of the existing establishment of the Civil and Criminal Courts in the State. Therefore, at this stage, it may suffice to observe that, while reconsidering the matter in terms of the impugned order, the Government will consider the group of the appellants as a separate and different class and on that basis may as well consider their claim for relaxation of the age limit by the number of years of service already put in by them in the Fast Track Courts for the purpose of their recruitment/absorption/re-appointment in the same cadre in which they have been serving. Subject to these observations, the appeals are disposed without interfering with the impugned order."
6. Petitioners are claiming parity with that of the persons whose names appear at Annexures - N and P. Hence, they are entitled for similar treatment. However, it is for respondent No.1 to find out, whether these writ petitioners are similarly placed like that of the persons in Annexures N & P. 15 Without going into the merit of the claim putforth by the petitioners, respondent No.1 is hereby directed to consider the petitioners case on par with the consideration extended to the persons whose names appear in Annexures - N and P. The consideration be undertaken and the decision be arrived at within a period of three months from the date a copy of this order becomes available and made known to the petitioners without any delay.
Writ petitions are disposed of accordingly without any order as to costs.
Sd/-
JUDGE ca