Karnataka High Court
Sri. Suresh vs Zoo Authority Of Karnataka on 2 March, 2018
Author: L.Narayana Swamy
Bench: L. Narayana Swamy
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF MARCH, 2018
BEFORE
THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY
WRIT PETITION Nos.46991-47046/2016 (L-RES)
BETWEEN:
1. SRI.SURESH
BIN IYANNA
AGED ABOUT 41 YEARS
WORKING AS ADMINISTRATOR
R/O SAMPIGEHALLI
BANNARAGATTA
BANGALORE - 560 083
2. SRI KRISHNA V
BIN LATE VENKATACHALAPPA
AGED ABOUT 40 YEARS
WORKING AS ANIMAL SUPERVISOR
R/O BANNARAGATTA
JANATHA COLONY
NO.19, BANGALORE - 560 083
3. SRI.NATARAJA
BIN SHANKARAPPA
AGED ABOUT 39 YEARS
WORKING AS AREA WATCHMAN
R/O SAMPIGEHALLI
BANNARAGATTA
BANGALORE - 560083
4. SRI JAYASHANKARA
BIN CHIINADORAI
AGED ABOUT 50 YEARS
2
WORKING AS VEHICLE DRIVER
R/O SAMPIGEHALLI
BANNARAGATTA
BANGALORE - 560 083
5. SRI DURGAPPA
BIN KANAKARAJU
AGED ABOUT 53 YEARS
WORKING AS ANIMAL KEEPER
R/O SAMPIGEHALLI
BANNARAGATTA
BANGALORE-560083
6. SRI H V SHIVAKUMAR
BIN DODDAVENKATAIAH
AGED ABOUT 44 YEARS
WORKING AS ANIMAL KEEPER
R/O BANNARUGATTA
BANGALORE-560083
7. SRI ANTHONYRAJ
BIN JOSEPH
AGED ABOUT 45 YEARS
WORKING AS ELECTRICIAN
R/O TATAGUPPE
BANGALORE-560082
8. SRI V RAMAMURTHY
BIN VENKATARAMAPPA
AGED ABOUT 51 YEARS
WORKING AS ANIMAL KEEPER
R/O SOMANAHALLI,
SHIVAJILAYOUT
BANGALORE - 560 083
9. SRI DEVARAJU
BIN DURGAPPA
AGED ABOUT 48 YEARS
WORKING AS VEHICLE DRIVER
3
R/O SAMPIGEHALLI
BANNARUGATTA
BANGALORE - 560 083
10. SRI.LAKSHMAIAH
BIN CHIKKANNA
AGED ABOUT 51 YEARS
WORKING AS ANIMAL KEEPER
R/O BUTHANAHALLI
BANNARUGATTA
BANGALORE - 560 083
11. SRI SRINIVASA Y
BIN YELLAPPA
AGED ABOUT 43 YEARS
WORKING AS PLUMBER
R/O KARIYAPPANNAHALLI
BANNARUGHATTA
BANGALORE - 560 083
12. SRI.MUNIRAJU L
BIN LAKSHMAIAH
AGED ABOUT 40 YEARS
WORKING AS COOKER
R/O KEMPANAYAKANAHALLI
BANNARUGATTA
BANGALORE-560083
13. SRI HARISHANDRA
BIN ANNAPPA
AGED ABOUT 39 YEARS
R/O AMBEDKAR COLONY
WORKING AS ANIMAL KEEPER
SAMPIGE HALLI
BANNARUGATTA
BANGALORE-560083
14. SRI THIMMARAJU
BIN KARIYAPPA
4
AGED ABOUT 37 YEARS
WORKING AS ANIMAL KEEPER
R/O NO.65/A
RANGANATHA LAYOUT
BANNARAGATTA
BANGALORE-560083
15. SRI G PILLAPPA
BIN GURAPPA
AGED ABOUT 37 YEARS
WORKING AS ANIMAL KEEPER
R/O NO.43/44
NATIONAL PARK
BANNARAGATTA
BANGALORE-560083
16. SRI.DEVARAJU
BIN KANAKARAJU
AGED ABOUT 40 YEARS
WORKING AS ANIMAL KEEPER
R/O AMBEDKAR COLONY
SAMPIGEHALLI
BANNARAGATTA
BANGALORE-560083
17. SRI C KRISHNA
BIN CHINNAPPA
AGED ABOUT 44 YEARS
WORKING AS ASSISTANT OF ANIMAL HUSBANDRY
R/O SAMPIGEHALLI
BANNARUGATTA
BANGALORE - 560 083
18. SRI R VENKATESH
BIN RAMACHARI
AGED ABOUT 41 YEARS
WORKING AS ANIMAL KEEPER
R/O SAMPIGEHALLI
BANNARUGATTA
5
BANGALORE-560083
19. SRI GUNDAPPA
BIN NAGAPPA
AGED ABOUT 45 YEARS
WORKING AS ANIMAL KEEPER
R/O SAMPIGEHALLI
BANNARUGATTA
BANGALORE - 560 083
20. SRI HUCHEGOWDA
BIN GANGADHAR
AGED ABOUT 36 YEARS
WORKING AS GATE KEEPER
R/O BYRAPPANAHALLI
BANNARUGATTA
BANGALORE-560083
21. SRI MANJUNATHA R
BIN RAMAIAH
AGED ABOUT 31 YEARS
WORKING AS NIGHT WATCHMAN
R/O H P COLONY
BHUTHANAHALLI
BANGALORE - 560 083
22. SRI R G VENKATESH
BIN GOVINDAPPA
AGED ABOUT 29 YEARS
WORKING AS ANIMAL KEEPER
R/O JANATHA COLONY
BANNARUGATTA
BANGALORE - 560 083
23. SRI NARAYANASWAMY G
BIN GANGAPPA
AGED ABOUT 41 YEARS
WORKING AS GATE KEEPER
R/O JANATHA COLONY
6
BANNARUGATTA
BANGALORE - 560 083
24. SRI N MUNIRAJA
BIN NANJUNDAPPA
AGED ABOUT 39 YEARS
WORKING AS ANIMAL KEEPER
R/O SAMPIGEHALLI
BANNARUGATTA
BANGALORE - 560 083
25. SRI.GANGADHARA
BIN NANJUNDAPPA
AGED ABOUT 31 YEARS
WORKING AS VEHICLE DRIVER
R/O BYRAPPANAHALLI
BANNARUGATTA
BANGALORE-560083
26. SRI VIJAYAKUMARA
BIN GOVINDAPPA
AGED ABOUT 34 YEARS,
WORKING AS GATE KEEPER
R/O SAMPIGEHALLI BANNARUGATTA
BANGALORE - 560083
27. SRI SHIVALINGA B P
BIN PUTTALINGAIAH
AGED ABOUT 37 YEARS
WORKING AS TICKET EXAMINER,
R/O B B P GUEST HOUSE,
BANNARUGHATTA
BANGALORE - 560083
28. SRI VIJAYAKUMARA
BIN RAMAPPA
AGED ABOUT 38 YEARS
R/O SAMPIGEHALLI, BANNARUGATTA,
BANGALORE - 560 083
7
29. SRI RAMESH
BIN NATARAJAPPA
AGED ABOUT 30 YEARS
WORKING AS SOLAR OPERATOR
R/O H P COLONY, BHUTHANA HALLI
BANGALORE - 560083
30. SRI SHANTHAPPA
BIN MUNIYAPPA
AGED ABOUT 48 YEARS
WORKING AS ANIMAL KEEPER
R/O JANGALPALYA, BANNARUGATTA
BANGALORE - 560083
31. SRI.BASAVARAJU
BIN CHANGAPPA
AGED ABOUT 34 YEARS
WORKING AS ANIMAL KEEPER
R/O BYRAPANAHALLI
BANNARUGATTTA
BANGALORE - 560 083
32. SRI NANJAPPA
BIN KAMPANNA
AGED ABOUT 43 YEARS
WORKING AS GATE KEEPER
R/O MANTAPA
BANNARUGATTA
BANGALORE - 560 083
33. SRI RAJU H
BIN HONNAPPA
AGED ABOUT 39 YEARS
WORKING AS ANIMAL KEEPER
R/O SAMPIGEHALLI,
BANNARUGATTA, BANGALORE - 560 083
34. SRI KRISHNA N
8
BIN NAGAPPA
AGED ABOUT 36 YEARS
WORKING AS ANIMAL KEEPER
R/O BYRAPPANAHALLI,
BANNARAGATTA
BANGALORE - 560083
35. SRI SOMASHEKARA Y C
BIN CHANGALARAYAPPA
AGED ABOUT 31 YEARS
WORKING AS ANIMAL KEEPER
R/O B B P GUEST HOUSE, BANNARUGATTA
BANGALORE - 560 083
36. SRI H M NAGARAJ
BIN MAJIGOWDA
AGED ABOUT 48 YEARS
WORKING AS WATCHMAN
R/O BANNARAGATTA
BANGALORE - 560 083
37. SRI MARIYAPPA M B
BIN BADIYAPPA
AGED ABOUT 45 YEARS
WORKING AS STORE KEEPER
R/O B B P GUEST HOUSE
BANGALORE -560 083
38. SRI SHANMUGAPPA
BIN PARAPPA
AGED ABOUT 41 YEARS
WORKING AS TICKET DISTRIBUTOR
R/O SAMPIGEHALLI,
BANNARUGATTA
BANGALORE - 560 083
39. SRI NANJAPPA
BIN NANJUNDAPPA
AGED ABOUT 49 YEARS
9
WORKING AS ANIMAL KEEPER
R/O JANGALPALYA,
BANNARUGATTA
BANGALORE - 560 083
40. SRI RAVI
BIN HOSURAPPA
AGED ABOUT 49 YEARS
WORKING AS ANIMAL KEEPER
R/O JANATHA COLONY
BANNARUGATTA
BANGALORE - 560083
41. SRI SRIRAMA
BIN RAJAPPA
AGED ABOUT 51 YEARS
R/O BYRAPPANAHALLI,
WORKING AS GARDINER
BANNARAGATTA
BANGALORE - 560083
42. SRI LAKSHMAN
BIN HANUMANTHAPPA
AGED ABOUT 36 YEARS
WORKING AS ANIMAL KEEPER
R/O BYRAPPANAHALLI,
BANNARGATTA, BANGALORE - 560083
43. SAVITHRAMMA
BIN KARIYAPPA
AGED ABOUT 39 YEARS
WORKING AS ANIMAL DOCTOR ASSISTANT
R/O JANATHA COLONY,
BANNARAGATTA, BANGALORE - 560 083
44. MADAMMA
BIN KENCHAPPA
AGED ABOUT 38 YEARS
WORKING AS SWEEPER
10
R/O H P COLONY
BHUTHANAHALLI,
BANGALORE- 560083
45. THAYAMMA
BIN ERANNA
AGED ABOUT 43 YEARS
WORKING AS SWEEPER
R/O BHUTHANAHALLI
SHILINDRADODDI
BANGALORE - 560083
46. NIRMALAMMA
BIN BANAJAPPA
AGED ABOUT 45 YEARS
WORKING AS SWEEPER
R/O JANATHA COLONY
BANNARAGATTA
BANGALORE - 560083
47. PUSHPA
BIN NAGARAJA
AGED ABOUT 35 YEARS
WORKING AS SWEEPER
R/O BYRAPPANAHALLI
BANNARAGATTA
BANGALORE - 560083
48. JAYANTHI
COM SHIVKUMAR AGED ABOUT 39 YEARS
WORKING AS SWEEPER
R/O B B P GUEST HOUSE
BANNARAGATTA, BANGALORE - 560083
49. RAJAMMA
COM ARAKESHA
AGED ABOUT 36 YEARS
WORKING AS SWEEPER
R/O JANATHA COLONY
11
BANNARAGATTA
BANGALORE - 560 083
50. NAGAMMA
COM NAGARAJA
AGED ABOUT 41 YEARS
WORKING AS SWEEPER
R/O BYRAPPANAHALLI
BANNARAGATTA
BANGALORE - 560083
51. SRI RAMAMURTHY
BIN NAGARAJ
AGED ABOUT 33 YEARS
WORKING AS ANIMAL KEEPER
R/O CHIKKAHOSAHALLI,
BANGALORE - 560 083
52. LAKSHMAMMA
COM VENKATESH
AGE MAJOR, WORKING AS SWEEPER
R/O BHUTHANAHALLI
BANGALORE - 560 083
53. SRI. RAMESH
BIN NARAYANAPPA
AGED ABOUT 34 YEARS
WORKING AS GUARDIAN
R/O CHIKKAHOSAHALLI
BANGALORE - 560 083
54. SRI SHASHIKUMAR
BIN SIDDAPPA
WORKING AS ELECTRICIAN
AGED ABOUT 44 YEARS
R/O SAMPIGEHALLI
BANNARAGATTA
BANGALORE - 560 083
12
55. BHAGYAMMA
COM NAGARAJ H M
AGED ABOUT 46 YEARS
WORKING AS SWEEPER
R/O BANNARAGATTA
BANGALORE - 560 083
56. SRI RAJANNA
BIN KOLAPPA
WORKING AS AGE MAJOR
R/O B B GUEST HOUSE,
BANGALORE - 560 083 ... PETITIONERS
(BY SRI.S R HEGDE HUDLAMANE, ADV.)
And:
1. ZOO AUTHORITY OF KARNATAKA
(UNDER GOVERNMENT OF KARNATAKA
O/O MEMBER SECRETARY
ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST
SRI.CHAMARAJENDRA GEOLOGICAL GARDEN PREMISES
INDIRANAGARA
MYSORE - 10
2. PRINCIPAL CHIEF CONSERVATOR OF FOREST
(WILD LIFE)
ARANYA BHAVANA
MALLESHWARAM
BANGALORE - 560 003
3. GOVERNMENT OF KARNATAKA
UNDER SECRETARY
FOREST & ENVIRONMENT DEPARTMENT
M S BUILDING
BANGALORE - 560 001
4. EXECUTIVE OFFICER
BANNARAGATTA BIOLOGICAL PARK
13
BANGALORE - 560 083
5. ASSISTANT LABOUR OFFICER
DIVISION II, KARMIKA BHAVANA
BANNARAGATTA ROAD
BANGALORE - 560 029
6. THE CHAIRMAN
ZOO AUTHORITY OF KARNATAKA
SRI CHAMARAJENDRA GEOLOGICAL
GARDEN PREMISES
INDIRANAGAR, MYSORE - 10 ... RESPONDENTS
(BY SRI S.V. GIRIKUMAR, AGA FOR R1 & R3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
RESPONDENT AUTHORITIES, TO MAKE ZOO AUTHORITY OF
CADRE AND RECRUITMENT RULES OR KARNATAKA FOREST
DEPARTMENT RECRUITMENT SERVICES RULES, (LIKE ELEPHANT
MAVUTHAS AND KAVADIES) COVERING THE SERVICES OF THE
PETITIONERS, IN ANY ONE OF THOSE RULES, FROM THE DATE
OF THEIR INITIAL APPOINTMENT, AND MAKING THEM AS
PERMANENT EMPLOYEES, FROM THE DATE OF THEIR
APPOINTMENT, AND FURTHER DIRECT THEM, TO GIVE ALL
FACILITIES WHICH ARE GIVEN TO GOVERNMENT EMPLOYEES
AND ETC.,.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
The petitioners in these petitions state that they are working for Respondent No.1-Zoo Authority of Karnataka since 14 1985 as Administrator, Animal Supervisor, Area watchman, Driver, Sweeper, Electrician, Plumber, Cook, Assistant of Animal Husbandry, Gatekeeper, Ticket Examiner, Solar Operator, Store- keeper, Gardener, Animal Doctor Assistant, etc. It is the case of the petitioners that several representations were made to the respondents for regularisation of their services from 1995. It is further stated that they have been deprived of several statutory benefits. Without regularising their services, the respondents are restricting their services which is nothing but violation of Articles 14 and 16(1) of the Constitution of India. Under the circumstance, the petitioners made representations as per Annexure-C, D, E, F, G and H praying the respondents to regularise their services or absorb the petitioners as permanent employees and to extend the facilities for which they are legally entitled. These representations, though are made from the year 2013, the same are not yet considered.
2. The learned Additional Government Advocate submits that if the representations made by the petitioners have not 15 been considered, the same would be considered and appropriate orders would be passed in accordance with law.
3. Heard the learned counsel for the petitioners and the learned Additional Government Advocate. From the submission of both the learned counsel, it reveals that the petitioners are working since 1985 and they have not been paid equal salary as to that of the permanently placed employees. Paying a meager salary and extracting work as like the full-time employees is nothing but violation of Article 19(1)(d) of the Constitution. Under the circumstances, it is felt appropriate to dispose of these petitions directing the respondents No.1 and 3 to consider the representations made by the petitioners. Since the representations were made for the period between 2013-2015, it is common that the respondents might not have kept those representations. In that view of the matter, in addition to the representation made which are produced as Annexure-C, D, E, F, G and H to these petitions, the petitioners are also permitted to make one more representation to the respondents within a period of two weeks from today providing fullest particulars. 16 After receipt of such representation, the authorities shall consider the same and pass appropriate orders within a period of six months from the date of receipt of the representations.
4. The petitioners state that they are working in different capacities. These occupations in which the petitioners are working have to be classified as to which category of the Government Departments they fall for the purpose of equation. For example, since the first petitioner claims that he is an Administrator, it is to be classified as to which Group he falls in, whether it is group 'C' or group 'D' category. Similarly, the classification should be made to Animal keepers, cook, plumber, animal doctor assistant, gate keeper, watchman, sweeper, etc. the category they fall and pay has to be fixed. After classifying the category, decision has to be taken by the respondents No.1 and 3 to fix pay on par with the permanent employees based of equal pay for equal work. It is the mandate of the provisions of Articles 19(1)(d) of the Constitution that persons who discharge similar work shall be paid similar pay on the basis of "equal pay for equal work". On the said principle, classification has to be 17 made and the respondents No.1 and 3 shall take steps for payment. Non-payment of exact pay and extracting more work is unconstitutional and arbitrary. Under these circumstances, it is directed that the respondents No.1 and 3 shall classify these persons as to under which category they fall and to extend the pay and other benefits along with arrears. The said exercise shall made within three months from today. The action taken in this regard shall be communicated to this Court.
5. Further, it is made clear that the payment of pay and arrears as directed above has nothing to do with the consideration of representations of petitioners for regularisation of service. The respondents No.1 and 3 are directed to consider the representations of the petitioners for regularisation of services and to pass appropriate orders within a period of six months from the date of receipt of representation.
Sd/-
JUDGE lnn