Karnataka High Court
Sri Chandrashekar vs Principal Secretary Department Of ... on 10 November, 2011
Author: Huluvadi G.Ramesh
Bench: Huluvadi G.Ramesh
By, By a IN THE HIGH COURT OF KARN ATAKA AT B ANGALORI bs Dated this the 10" day of November. 2018 | Before | - PHE HON'BLE MR JUSTICE H UL Vani C R. A MESH. Writ Petitions 762 / 2008 chy 20168 / 2007. chy 168 / 2008 i ctw 20689 2007 C3 ene aed Between: in WP 762/2008 l sri Chandras hekar, 43 yrs: . Working as Garden Garden Department : Mysore University 2 Smit Bhagyam ma, 33 Vrs Working as Hosiel/ sists ne Student felfare 2 Mi anasagangotr 3 SmeT Vana ikShi 27 yes Working as Sweeper Finance Branch University of My sore 4 Sri line ani Khak d, 28 yrs Working : as Gardener Garden Department oe Mysore [) miversity _ Smits Manjula, 40 yrs 'Working as Pe On vrasarang ra of My sore ap 6 § 9 10 smt Ratnamma, 33 yrs Working as Sweeper Administrative Office Univ. of Mysore, Manasaeantori Mysore Sri K Ravi, 34 yrs Working as Printer -- Grade TT Printing Press a Stationery Dept, Manasagangotri, Mysore Smt Jayalakshmi, 35 yrs. Working as Garde ener. * Administrative Office . Manasagangoti, MS Sore... Sri Mallesha: 2 Working as Towa Assistant ~ Mahara a s. » College Hostel Univo of? re Sr Rajesh YP, 3 yrs. Working as Drafts: nan Dept. of Geography Unive af Mysore, Manasagangou Ashok H: arpah alt & iad in WP 20168/2007 Sr Kum iar, 33 ots Working as Ground Man " &E "hysical Iducation Univ ersity Wniversity of Mysore, Mysore Rae ¥ Petitioners "By Pa lad ea Sri Sri Mahadeva, 38 yrs Working as Gardener University Horticulture Department Manasagangothri i, Mysore Sri Chethan Kumar M. 26 VFS Working as Hostel Assistant Student Welfare. Manasagangothri Univ. of Mysore. Hassan . Smit S Jayashree, 34 Working as Typist-c Administrative office 7 Manasaganeothri M ysore Vis LHpc Jerk SoC V Nagar aia Rao. 42 vrs 3 Working as Wateimaa © Adminis stratl ive. Offer Manasagangoiri i, My Sore. Sri D Man uniath, AZ yrs. Working as Gardener | _ PG Cenire. ! Hemagangotri Hassan a rg , apdan, 32 _ We SKInG as Prive De At OL Geolouy ae la masagan go ii, Mysore Sti Dev araye _ 39 ves Work iNgas C urator os Dept. oF Geologs Mar susagangotn, Mysore Vishakante Gowda C R, 34 yrs Working as Second Div. Clerk ye Red eal " "Univ. of Mysore Univ. Horticulture Department Manasagangotri, Mysore Sev Shivappa Veereshappa Gavari 28 yrs. Working as Peon Administrative Branch University of Mysore. Mysore Sri Nanjundasw amy HR, 36 yrs~. Working as Hostel Assistant Student Welfare. Manasagangoui Mysore Sri H M Suresh, 48 yrs Working as Store Keeper... Prasarat Tda, Ma Masaganotr Mysore Sri G Narayana, Workiig'as. Gerd enci® Univ. Horticulirs Deparment Manasagangotri, | Sri P Lokesha, BO yrs Working as Sweener Adnunistrative Branch Univ, of Mysore, Mysore "Simi MG? Amittia 28 yrs i W orking as Sesond Div. Clerk Adinin istrative Branch Univ. of Mysore, Mysore © Sri BS Raj Jesh, 27 vrs "Working as Driver Administrative Branch e 4 17 Mo 20 ¥ Sri S Manjunath, 28 yrs Working as Ground man Physical Education Univ. of Mysore, M ysore Sri Paramesha. 41 yrs Working as Field Assistant Kuvempu Institute of Kannada Studie ies Manasagangotr ri, Mysore Sri Nagaraja, 41 yrs Working as Curator Folklore Musuem, KIKS. Manasagangotri. Mysore smi Rekha, 25 vrs. Working as Lab awssi Maharaja College, My Sa KS Bett ap pa, 3? yrs Working as Res Dept. of AH & A: Me nas: Mysore | . Sri Mari Gowda 36 yrs sacl. Assistant neo Working as Research: ASSistant rT B Mruthyuniaya, 3 Work ing as "Taxidermist _ Dos im Zoology, , Manasagangetri "Mysore" Se Dechy, Ak arre Sti P Eshwara, 43 yrs SASS. Editor Working "KUEKS, Manasagangotri, M lys 'Folklore Musuem, Manasagangotr ™M ysore, g i Ra cay bad weal Label fae & Sri Vasudeva Murthy, 43 YS Working as Research Assistant Foiklore Musuem, Manasagan gotr Mysore SmtGR Kavitha, 3S yrs Working as OL urator Dos m Botany, Manasagangotri Mysore smtH Gowramma, 30 yrs Working as Research Asst. Grade Th KUGS, Manasagangotri, My sore sri D P Madhusydana, 32-¥rs of Working as Research Asst, Grade] i: Oriental Researcly institute Univ. of Mysere, Mysore Sri Rajasi hokai Mari Working as. Sweene . College Developme "rit, C ouniell - Univ. of Mysore, Mys Sore. ) ork & Rame Co. waa, 33) Vrs Working as fypist-cum-clerk Adimunistrdtive Office Manasagengotri, Mysore Si MC Roopesh, 32 yrs Working as Typist-cum-clerk Adminsitrative Office nasdgangotri. Mysore sie ad Sata Lae Mera 36 ad wad 9 whee + 'ptt na StH Hasan, 25 yrs Working as Peon Caen Research Institute Univ. of Mysore . Mysore Sti PS Krishna, 37 yrs Working as Typist-cum-clerk Administrative Branch Univ, of Mysore, Mysore Smt Manjula, 32 Working as Swe 2eF Administrative Office Manasagangotri. Mysore Sti Kenchappe 42 yrs Working as C rardéher Horticulture Dé; arement " Manasagangotr: ik ysore: SII Lakshmana Rao, 36 vrs. Working as Peon Administrative Branct Univ. of Mysore Sr Mane AC lananda Dundappa. 30 yi "Working as Peon, Admin, Branch ¥, OF SENS Mysore Sric Mahesha, 4, 28 yrs Working as Groundma Ww Physica ncabog Pode o : way v. oF Mysore. Mysore Sri Kumara Shiva, 27 vrs Working as Groundman Physical Education Univ, of Mysore, Mysore , i a be bo abot, a AG. AT Sri Azeey Ulla, 37 yrs Working as Peon Administrative Officer Manasagangotri, Mysore Sti Shivaprasad, 36 yrg Working as typist-cum-Clerk Central Workshop Manasagangotri, Mysore SrC Kumar, 28 vrs Working as Animal Caretaker Dos in Zoology, Manasaganeota Mysore ; Sri | Rumaranayaka B, oo ts Dos j in Zoole M ysore Sri Srinz wh Urs 6S 8. Ad yrs Working as Tech ue ah Assi istant' Journalism Dept. Ma avasagangotrl Mysore ne M Ra ignush ankata: 26 yrs s Peon, Maharaja College / sore, Mysore & 'i k Anil Kum ar, 36 yrs WwW Workinig as Wate chman Gifice, Manasagangotri Sti HV Ravi, 27 yrs Workir nig as Gardne: Horticulture Department Manasagangotri, Mysore ye Lf a bade a Lae tad is) Sri Kk Santosh Kumar, 34 Vrs Working as Gardner Horticulture Department Manasagangotri, Mysore Smt Thayamma, 48 vrs Working as Peon Administrative Branch Univ. of Mysore, M ysore Sri Lakke Gowd; a, 34 yrs Working as Peon, Adm inistrative Office Manasagangotri, Mysore. Smt ¥Y R Nagarathna, 37 -ves Working as seconde Div. Cle SriSR Youesn, + 42 yrs Worki Me as Galicry G nate d KITES, Manasa 28) Sri N Rages Working rao imesha: 30 VFS Norking 2 AS is, CE ne gineer LA ¥ U tiv of Mysene Mysore Sti M Satish, 29 y Working as W atchn san Administrative Dltfice Manas: igaeotri, Mysare a e ge Lab Let ye 59 60 6) G2. ~Liniy. oF Sri dayaramu, 42 'Working as Gardner Sri M Nagaraiu, 27 yrs Working as Peon Univ. Pine Arts College for Women Manasagangotri, Mysore Sri Navida Khanum, 38 yrs -- Working as Typist-cum-Clerk Examination Branch Univ. of Mysore, Mysore Sri B Vasu, 35 yrs Working as Gardner Horticulture Department." Manasagangotri, Mysore sri Murugesh. 28 VFS Working 2s Gardner Horticulture . Depart rise mh Manasagangotr: M Sore Smt Ra thnam He, 32 yrs" Wor king as Peon Administeative Office. Manasagangotr Mysore . Sri fH A: wgadeeshay 37 yrs Working as Second Division Clerk oP G Centre Meidye Sti C Rajul 36 'yrs We OLking as Second Division Clerk Maharaja's College Niysore. Mysore Horticulture Department Manasagangotri, Mysore 66 68 69 wd auieas Sri Mahadeva, 40 yrs Working as Peon PG Centre, Mandya Smt Prema, 43 YES Working as Sweeper PG Centre, Hassan Hemagangotri, Hassan Sti R Sidde Gowda, 27 yrs Working as Gardner Univ. Horticulture pera ment. Manasaganeotri, Mysore. sme S Krishnaveni, 37 yrs- Working as Typist-cum. ne ler he Administrative Ofc Manasagangour, My sore Smt 7 Gayathri, 5 We orking as.Gardn er: Hortice feure Deparement Manasagange th, Mysore. -- SHUN Chaluvesh, 28 yrs dy Woitking as Horticulttire Asst. Grade [] "Doruculs ure Department ' eanigou.) E Ay SOre Smi H Arathi, 38 vis Me anasaga notre, "Mysore «Sri : MS Mahadeva. 40 yrs W orking as Peon Advninistrative Branch Univ. of Mysore, 'Mbessoeterin ms ag wad Lad 76 29 Pema gangs 'Manasag "Uniw. E Brad Sri Raju, 25 yrs Working as Gardner Univ. Horticulture Department Manasagangotri, Mysore oti M Lingaraju, 41 yrs Working as Gardner Univ, Horticulture De partment: Sti Venkateshaiah, 36 yrs Working as Sweeper Administrative Branch « ; Univ. of Mysore, Mysore | Sri Papanna, 43 yrs Working as Hostel ASSistant .° Student Welfare °° Manasaganeotri Working se Hosiz Student Welfare Manasagangotri, Mysore. >. SrUR Vasudeva,.36 yrs Wotking as PG Centre, Hassan mi, Hassan Sri Somanri2, 38 YES Working as Watchman Administwative Office angotri, Mysore uP Chikkathayamma, 35 vrs Working as Asst. Cook @ Division "aneery i v. Of Mysore, ay él 83 84 BG. Smt N Nirmala, 39 yrs Working as Typist-cum-clerk Examination Branch Univ. of Mysore, Mysore Smt H D Rajeshwari, 36 yrs Working as Typist-cum-clerk Examination Branch Univ. of Mysore, Mysore Sri Y Kump, 40 yrs Working as Peon . Administrative Branch ~ Univ. of Mysore, Mysore ~ Suk S Purushot 'thaina, 42 yrs. Working as Typis cum-Clerk Administrative Office. > Manasagangotr, MM ry /SOre " . SiiNH Shivalisigo. Gowiia. ay ys Working as Store Keener. no University Printing Prass. - Univ, of Mys ore, Mysore : Wer oii a ae Pen it nv Of Mysore, Mandya a Pp G Centre . Sa M Deva 8 yrs a Q Worki : 89° Smt A G Madhura, 30 yrs Working as Typist-cum-Clerk National Service Scheme Univ. of Mysore, Mysore 90 Sr D Chandrahasa,33 yrs . Administrative Branch Univ. of Mysore, Mysore (By Sri Ashok Harnahalli & sri G Sreedhar, Adv.) And: i Principal Secretary . Dept. of Higher Education Government of Karn ataka MS Building, Pangal ore" 2 University of Mysore - by its Regisirar Vishy avidyanilava. Kar yasoudha.- Crawford Hall, Mysore" (By Sri Ramtacharidéa R Inik, GP for Ri: Sr a3 P Rrajenc ira Kuniae Stinge y, Adv. for R2) oe & tn we P 166, 2608 14 Petitioners Common Respondents
Petitioner And:
i State of Karnataka Education Department (University) By its Secretary, MS Building Bangalore i
2 Mysore University - By its Registrar - Crawford Hall, PB ANG, Mysore.
(By Sri Ramachandra R Naik, GP for RI;
Sri KT) Mohan, Adv. for R2)° In We 20689/2007 Dr (Smt) N Kumuds, 48: yrs Wo: Rangarajan' Working as Asst. Sub- Editor Kannada Encyclopedia .
Kuvemipu institute of Kannada' Studies Manasa Gangothri, Me ysore { Univ ersity' Mysore . A Ria #42, 1° Main 2 oad.
Sundadarinapar (N orth).
New: Kantiaras alu Urs Road . oo Byi its Secretary, M S Building me a Bangalore 1 ans . Respondents Petitioner .
In WP 20168/2007, WP 166/2008 and WP 20689/2007 a 136 the petitioners have contended on similar lines and have sought. FOr "a similar prayer to quash the show cause notice issued on 15. 12.2007 (annexure J to J89 and annexure Q in the last two petitions). it transpires, these petitioners were appointed on temporary basis and they had been working i Various ¢ capi site iesin the University of Mysore and their servicgs were regulansed from tine fo time. Pursuant to the Judgment o of the ¢ AY pex Court a Secretary, State of Karnataka & Ors Vs U, madevi & Or, - = AR 2 2006 Se Ww 1991, in implementing the direction of the Ape Cour, the Sta Government has taken steps to issue a show ¢ Cause se notice to the: Unis versity regarding regularisation of the services of some of the employees Lé., those who had not completed ren Yours of "sei ica as on the date of regularisation (cut off date - 4, 8. 2906). 'Hewev yer, by such an action, most of the petitioners whose services hail been ropulinised, are affected. ao HE appears, a decision has been taken by the Syndicate of the versity of! Mysore, pursuant to the shew cause notic ces served, to serve va tne posts held by them. Meanwhile. the government also has faken a different stand in so far as the emplovees of Kuvempu Liniversity are. concerned im that, the services of the persons who were regularised have:
been continued. However, petitioners wae are working in. Mysore | University are aggrieved by the differential treatment of the government. The fact remains, as per the submission made, the services of the reguilarised employees of Kuventpu University has been continued and their appointment prior to regularisation hag not-been cancelled. Be that as ii may, it appears the case:of the petitioners has been considered wonce again. by theUniversity of Mysore by way of ia recommending. to the. governraent for appropriate decision, in a 7 subseauent resolution The earier decision of the University of Mysore "removing/canceling the regular appointments, has been reviewed by the Syndicate and "ihe aatler has been placed before the Government on 14.12.2010. 'The sovernment is vel to take a decision.
By virtue of the inferimi order, petitioners service bave been I » &t conbnucd, The Syndicate bas taken a decision fo review is carer order 20 of canceling the regularisation and to reconsider the case "cols the "Thar is petitioners and has also requested the government in this regard pending consideration. In the circumstances, ull a decision. istaken by ihe government in accordance with law, the status of the potitiontets shall not be disturbed and, i is for the government. to' fake & decision 'after affording opportunity to the petitioners. if need be, individually OF otherwise collectively. If need be, one, more "tepresentation could be given to the Government by the. petitioners 'hrougb the University in respect of their grievances:
With the above observations, petitions are disposed of,