Karnataka High Court
Suresh vs The Principal Secretary, on 7 March, 2017
Author: L.Narayana Swamy
Bench: L.Narayana Swamy
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 7th MARCH, 2017
BEFORE
THE HON'BLE MR. JUSTICE L.NARAYANA SWAMY
WRIT PETITION Nos.107146-107147/2016 &
108089- 108109/2016 (S-REG)
BETWEEN:
1. SURESH
S/O GANGADHARIAH ITTIGINATH
AGE: 53 YEARS
OCC: GRADUATE ASSISTANT
PRE SUB-DIVISION, DHARWAD,
R/O KIRAN BUILDING PLOT NO.10
2ND CROSS, DHARWAD.
2. SRI.ASLAMSAB
S/O HUSSAINSAB RAMPUR,
AGE:-54 YEARS, OCC: II CLASS FITTER,
PRE SUB-DIVISION, DHARWAD,
R/O: KYARKOPPA, TQ AND DIST: DHARWAD.
3. MALLAPPA
S/O SIDDAPPA DANDIN
AGE:57 YEARS, OCC: WATCHMAN
R/O INAMHONGAL PRE-SUB DIVISION,
DHARWAD, TQ:SAUDATTI,
DIST: BELGAVI
4. SRI.SIDDALINGAYYA
SHIVAYYA BHUSTAILIMATH,
AGE: 52 YEARS, OCC: HEAVY MAZDOOR,
PRE SUB-DIVISION DHARWAD,
2
UDAPI ONI R/O MANGYAN MAL
HOSAYALLAPUR DHARWAD.
5. SRI.SOMALINGAPPA
S/O SANGAPPA DASANKOPPA
AGE: 48 YEARS, OCC: GANGAMAN
PRE- DIVISION DHARWAD,
R/O NIGADI,
TQ AND DIST: DHARWAD.
6. SRI.NINGAPPA
S/O SHANKRAPPA NANDIHALLI,
AGE: 50 YEARS, OCC:GANGAMAN
PRE SUB-DIVISION DHARWAD,
R/O NEHRUNAGAR, DHARWAD.
7. SRI.HUSSAINSAB
S/O RAJESAB HONGAL,
AGE: 57 YEARS, OCC: GANGAMAN,
RWS SUB-DIVISION DHARWAD,
R/O H.NO.30, MAGAD ROAD,
AT POST: KYARKOPPA,
TQ AND DIST : DHARWAD
8. SRI.VEERANNA
S/O KOTRAPPA YEDIYPURA,
AGE : 54, OCC: LITERATE ASSISTANT,
PRE SUB-DIVISION DHARWAD,
R/O SHIVA SADAN, ADAKI ONI,
MANGALAWARPET, DHARWAD.
9. SRI.BASAVARAJ HEMAPPA,
S/O K BASAVARAJ, AGE: 54 YEARS,
OCC: LITERATE ASSISTANT,
PRE SUB-DIVISION DHARWAD,
R/O TUNGA BHADRA COLONY,
NEAR PARISARA BHAVAN,
SRINAGAR, DHARWAD.
3
10. SRI.BASAVARAJ
S/O GULAPPA BADIGER
AGE: 58 YEARS
OCC: WATCHMAN,
PRE SUB-DIVISION DHARWAD,
R/O GANESH NAGAR, HALIYAL ROAD,
DHARWAD.
11. SRI.INAYAT
S/O MAHABOOBSAB INAMDAR,
AGE: 46 YARS, OCC: HELPER,
PRE SUB-DIVISION DHARWAD,
BASAVA NAGAR PART- I
5TH CROSS, HALIYAL ROAD,
DHARWAD.
12. SRI.BHIMA S/O RAMA CHANDRAPPA NAIK,
AGE : 55 YEARS, OCC: DRIVER,
RWS SUB-DIVISION DHARWAD,
NEAR B.H. NAIK HOUSE,
4TH CROSS, M B NAGAR,
DHARWAD.
13. SRI.SUDHINDRA S/O BHEEMACHARYA HOLIKATTI,
AGE: 46 YEARS, OCC: DRIVER,
PRE SUB-DIVISION DHARWAD,
C/O S.R. KULKARNI R/O WRITER GALLI,
MANGALWARPET, DHARWAD
14. SRI.MAHESH S/O RAMCHANDRA JOSHI,
AGE: 53 YEARS, OCC: TRACER,
PRE SUB-DIVISION DHARWAD,
R/O SRI RAM NIVAS H. NO.3,
SAMRUDDI RESIDENCY 1ST FLOOR,
6TH CROSS, KALYAN NAGAR, DHARWAD.
15. SRI.PRAKASH S/O RAGHAVACHARYA SANGAM,
AGE:52 YEARS, OCC:GRADUATE ASSISTANT,
PRE SUB-DIVISION HUBLI,
4
R/O H.NO.6, PRIYADARSHINI COLONY,
AKSHAYA PARK, HUBLI, DIST: DHARWAD.
16. SRI.BARAMAPPA S/O LAXMAPPA MANTGANI,
AGE: 48 YEARS, OCC: DRIVER,
ASSISTANT EXECUTIVE ENGINEER,
PRE SUB-DIVISION HUBLI,
R/O DEVINAGAR, DIDYANAGAR, HUBLI.
17. SRI.GANGAPPA S/O FAKIRAPPA DODDAKATTI RTD.
AGE: 61 YEARS, OCC: GANGMAN,
PRE SUB-DIVISION DHARWAD,
R/O PALIKOPPA, VARUR HUBLI,
DIST: DHARWAD.
18. SRI.BASAVANAGOUDA
S/O MALLANGOUDA CHANNAVEERAGUUDA,
AGE: 50 YEARS, OCC: CLEANER,
RWS SUB-DIVISION, DHARWAD,
R/O VEERESH COLONY,
MALAPUR, DHARWAD.
19. SRI.DEEPAK MAHADEV MADAKOLKAR,
AGE: 50 YEARS, OCC:TYPIST/GRADUATE
ASSISTANT,
AEE RWS & S SUB-DIVISION, HUBLI,
H.NO.16/B, KHB QTRS., SANTOSH NAGAR,
HUBLI.
20. SRI.MANOJKUMAR GANGADHAR BAGEWADI,
AGE: 51 YEARS, PUC
OFF: AEE, LITERATE ASSISTANCE
RWS SUB-DIVISION, SHARWAD,
M.G.BAGEWADI, PL NO.219,
5TH CROSS, R.C.NAGAR, DHARWAD.
21. NAGANAGOUDA S/O SOMASHEKARGOUDA MANVI
AILAS : M.NAGANAGOUDA,
AGE: 52 YEARS, OCC: WATCHMAN,
5
OFF: RDWS, SUB-DIVISION,
RON, TQ: RON, DIST: GADAG.
22. MAHESH S/O LINGAPPA KESARI,
AGE: 52, TYPIST,
PRE SUB-DIVISION,
RON, TQ:RON, DIST: GADAG.
23. NEMINATH S/O DEVENDRAPPA MUTTIN,
AGE: 53, LITERATE ASSISTANT,
RDWS SUB-DIVISION,
RON, TQ:RON, DIST: GADAG. ... PETITIONERS
(BY BASAVARAJ GODACHI AND D.V.PATTAR, ADVS.)
AND:
1. THE PRINCIPAL SECRETARY,
GOVERNMENT OF KARNATAKA,
DEPARTMENT OF PERSONAL AND
ADMINISTRATIVE REFORMS,
M.S. BUILDING, BANGALORE - 01.
2. THE STATE OF KARNATAKA
BY ITS SECRETARY,
DEPARTMENT OF RURAL AND PANCHAYAT RAJ,
M.S.BUILDING,
BENGALURU - 560 001.
3. THE CHIEF ENGINEER,
DEPARTMENT OF PANCHAYAT RAJ ENGINEERING,
RURAL DEVELOPMENT BHAVAN,
ANAND RAO CIRCLE,
BENGALURU- 560 009.
4. THE SUPERINTENDING ENGINEER,
PRE CIRCLE, HALIYAL ROAD, DHARWAD,
5. THE CHIEF EXECUTIVE OFFICER,
6
ZILLA PANCHAYAT,
DHARWAD - 580 001.
6. THE CHIEF EXECUTIVE OFFICER,
ZILLA PANCHAYAT,
HAVERI - 580 001.
7. THE CHIEF EXECUTIVE OFFICER,
ZILLA PANCHAYAT,
GADAG - 580 001.
8. DEPARTMENT OF PANCHAYAT RAJ,
PRE SUB-DIVISION DHARWAD,
DEPT. OF PANCHAYIAT RAJ,
SUB- DIVISION, HUBLI.
9. DEPARTMENT OF PANCHAYAT RAJ,
PRE SUB-DIVISION RON,
TQ: RON, DIST: GADAG.
10. DEPARTMENT OF PANCHAYAT RAJ,
PRE SUB-DIVISION KUNDAGOL
TQ: KUNDAGOL, DIST: DHARWAD. ... RESPONDENTS
(BY SRI.RAVI V HOSAMANI, AGA FOR R1 TO R3;
SRI.LAXMAN T MANTAGANI, ADV. FOR R7 AND R9)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA,
PRAYING TO ISSUE WRIT OF CERTIORARI/DECLARE
SECTION 3 AND SECTION 4(2) OF THE KARNATAKA DAILY
WAGES EMPLOYEES WELFARE ACT, 2012 THE SAME WAS
PUBLISHED IN KARNATAKA GAZETTE EXTRA-ORDINARY
ON THE 15.02.2013 (ANNEXURE-A) AND RULE 4(2)(3)(4)
OF THE KARNATAKA DAILY WAGES EMPLOYEES WELFARE
RULES, 2013 ISSUED BY THE 1ST RESPONDENT
AUTHORITY THE SAME WAS NOTIFIED DATED:30.11.2013
MADE IN (ANNEXURE-B) IS DECLARING THAT
UNCONSTITUTIONAL AND NULL AND VIOD AND ETC.,.
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THESE WRIT PETITIONS COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners claim that they are working on daily wages in the respondent establishment for the last about 30 years. The Government of Karnataka, Panchayat Raj Engineering and Rural Development under Daily Wages Employees Welfare Act 2012 in which section 3 makes the persons working on daily wages to continue till their attainment of 60 years. The petitioners challenge the validity of Sections 3 and 4 clause 2 of the Daily Wages Employees Welfare Act 2012 on the ground, the petitioners are entitled for regularization since the respondents have taken their services from last 30 years and that the provisions which do not entitle petitioners to regularisation of their services and provide to continue only upto superannuation, is arbitrary.
2. The learned counsel for the petitioners 1 to 3 in the present petition approached Karnataka Administrative 8 Tribunal in Application No.7759, 7769/2015 with a prayer for regularization disposed on 7th January 2016 where direction was issued to consider the representation and thereafter the petitioners preferred these writ petitions challenging the validity. When the petitioners are working against the sanctioned posts and rightly they have approached KAT and after the order they have preferred these writ petitions.
3. Petitioners' counsel submits that the provisions which deny regularization is arbitrary and violative of Article 14 of the Constitution. No. of such employees are regularized who have put in 10 years of service. Denial of said benefit to the petitioners is unconstitutional and liable to be declared as such.
4. Heard the learned counsel for the parties. The appointments have been made directly in accordance with the Karnataka General Recruitments Rules 1957. The competent authority has to make appointments strictly in 9 accordance with statutory provisions and in compliance of Article 14 and 16(4) of the constitution. The Karnataka Government has to provide reservation to various classes of sections in compliance of Article 16 of the Constitution. The daily wages appointment itself is contrary to the said statutory mandates. In spite of the same the respondents have indulged in employing various section of the people without compliance of the provisions of reservations provided in the Constitution, such as SC and ST, Backward classes, women, widows, physically handicapped persons, Kannada medium Students etc. Any statute cannot be counter to the constitutional mandates provided and fundamental rights of those sections who claim reservations cannot be deprived by statutes which is interior legislation, and there shall always be compliance of constitutional provisions. Otherwise statute is to be held as unconstitutional. It is to be seen whether without challenging the constitutional provisions any challenge made in the present writ petitions relating to some provisions of the statute cannot be considered. There 10 cannot be any appointment contrary to the constitutional provisions duly observing reservations.
5. The Daily Wages Employees Welfare Act 2012 it permits the petitioners or persons appointed on daily wages to continue till the age of superannuation i.e., 60 years and it is case of the Government that daily wages employees require appointment against the sanction post. If these petitioners are permitted to continue till their superannuation the Government cannot appoint any persons in compliance of the General Recruitment Rules or any recruitment rules and also the constitutional provisions under Article 14, 16(1), 16(4) of the Constitution. As long as these petitioners continue till superannuation i.e., 60 years, that Government gets stay for compliance of provisions referred to above. Under these circumstances the prayer made by the petitioners challenging the constitutional validity of provisions of the Act cannot be even considered for issue of notice. Consequently it has been held the daily wages employees who are appointed 11 and work for some more time do not get any statutory right. The respondent Government is directed to make selection and appointment strictly in accordance with law i.e., the provisions of Karnataka General Recruitment Rules 1957 providing reservation for SC and ST, Backward classes, women, widows, physically handicapped persons, Kannada medium Students etc.,.
With these observations petitions stand dismissed.
Sd/-
JUDGE VB*