Karnataka High Court
Shaik Shafi - Qur-Rehman S/O Nabisab vs The State Of Karnataka & Ors on 3 July, 2013
Author: Mohan M.Shantanagoudar
Bench: Mohan M.Shantanagoudar
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IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT GULBARGA
DATED THIS THE 03RD DAY OF JULY 2013
PRESENT
THE HON'BLE MR.JUSTICE MOHAN M.SHANTANAGOUDAR
AND
THE HON'BLE MR.JUSTICE V.SURI APPA RAO
WRIT PETITION No.85997 OF 2012 (S-KAT)
BETWEEN
SHAIK SHAFI-QUR-REHMAN
S/O NABISAB
AGE ABOUT 46 YEARS
OCC: TRACER
KARANJA PROJECT CONSTRUCTION
BIDAR
... PETITIONER
(BY SRI. P. VILASKUMAR AND
SRI.SHIVALOK N. TALWAR, ADVOCATES)
AND
1. THE STATE OF KARNATAKA
REPRESENTED BY
ITS PRINCIPAL SECRETARY
DEPARTMENT OF WATER RESOURCES
BANGALORE - 560 001
2. THE CHIEF ENGINEER
WATER RESOURCES DEVELOPMENT ORGANIZATION
ANAND RAO CIRCLE, BANGALORE - 560 001
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3. THE CHIEF ENGINEER
IRRIGATION DEPARTMENT
IRRIGATION PROJECT ZONE
GULBARGA - 585 101
4. THE SUPERINTENDING ENGINEER
IRRIGATION DEPARTMENT
IRRIGATION PROJECT CIRCLE
BIDAR - 584 101
5. THE EXECUTIVE ENGINEER
WATER RESOURCES DEVELOPMENT ORGANIZATION
KARANJA PROJECT CONSTRUCTION DIVN.NO.1
BIDAR - 584 101
... RESPONDENTS
(BY SRI. MANVENDRA REDDY, GOVT. ADVOCATE)
THIS WRIT PETITON FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT
OF CERTIORARI FOR SETTING ASIDE THE ORDER PASSED BY
KARNATAKA ADMINISTRATIVE TRIBUNAL PASSED IN
APPLICATION NO.5981/2004 DTD. 5TH JUNE 2012 AND ORDER
FOR THE ABSORPTION/REGULARIZATION OF SERVICE OF
THE PETITIONER AS TRACER FROM THE DATE OF HIS INITIAL
APPOINTMENT WITH ALL CONSEQUENTIAL BENEFITS AS
TRACER FROM THE DATE OF HIS INITIAL APPOINTMENT WITH
ALL CONSEQUENTIAL BENEFITS.
THIS PETITION COMING ON FOR FINAL HEARING THIS
DAY, MOHAN M.SHANTANAGOUDAR J., MADE THE
FOLLOWING:
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ORDER
Petitioner is said to have been appointed as a Watchman on daily wages with effect from 05.07.1975. His services came to be regularised in Group-D post as per the Memo dated 28.06.1991 issued by the 5th respondent consequent to the Government Order No.DPAR.2/SLC/90 dated 06.08.1990. The Memo dated 28.06.1991 shows the name of the applicant at Sl.No.303 and it reveals that the services of the applicant have been regularised in Group-D post considering his initial appointment as a Watchman.
The grievance of the petitioner is that as on the date of his appointment on daily wages, he was having qualification of S.S.L.C. and also Drawing Examination and therefore, he was eligible to the post of Tracer; as a matter of fact, he was assigned duties of Tracer even after his appointment as a Watchman on daily wage basis; taking into consideration the qualification of the petitioner, he was assigned the work of Tracer for more than ten years, though his designation was Watchman in the Nominal Muster Roll; the 3rd 4 respondent by his letter dated 06.08.2003 has recommended to the 2nd respondent to reqularise the services of the petitioner as a Tracer, since he was having required qualification before his appointment as daily wager. However, the petitioner's request to appoint him in 'C' cadre was rejected and therefore, the petitioner approached the Karnataka Administrative Tribunal by filing Application No.5981/2004. The application came to be dismissed on 05.06.2012 as per Annexure-B.
3. Sri. P. Vilas Kumar, learned Advocate for the petitioner submits that the other similarly placed persons are appointed as Grade 'C' employees; that the recommendation is made by the 3rd respondent to 2nd respondent for appointing the petitioner as a Tracer (Group-C Post), the same is not considered; since the petitioner is having S.S.L.C. qualification and as he has got the experience of the Tracer, he should have been appointed in Group-C post.
4. The aforementioned submission can not be accepted. 5
5. There is no source of right in favour of the petitioner. There is no rule/notification issued by the State Government empowering the authorities to regularise the service of particular employee to a higher cadre than the cadre to which that particular person is appointed on daily wages as a Watchman. On the other hand, the notification dated 07.01.2007 and other notifications issued by the State Government clearly reveal that the services of the daily rated employees shall be regularised to the same cadre. Thus, it is clear that at the time of regularisation there cannot be upgradation of the cadre. Undisputedly, the services of the petitioner was regularised as Watchman in Group-D post under Memo dated 28.6.1991 relating to regularisation of casual/daily rated workmen. It is also not disputed that the petitioner was earlier appointed as daily wager in Group-D post (Watchman).
6. Considering his initial appointment as Watchman on daily wages, the petitioner's services were rightly regularised in Group-D post only.
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7. All the contentions of the learned Advocate in this petition are already considered and are answered by the Administrative Tribunal as per law.
8. Since there is no rule that the services of the petitioner should be regularised to higher cadre, he cannot contend that he should be regularised to the higher cadre, as he got higher qualification.
9. The contention of Sri. Vilas Kumar, learned Advocate for the petitioner is that the similarly situated persons are regularised in Group-C post and therefore the same analogy should be applied to the petitioner. We are unable to accept the said contention. The statement showing the list of daily wage employees who have completed 10 years of service as on 31.12.1999, who are regularised under regular appointment as per the Government Order dated 06.08.1990 clearly reveal that none of the daily rated workmen were appointed in Group-C post. On the other hand, the persons who were working in Group-C post as 7 daily rated workmen such as Diploma holders, Literate Mazdoors etc. were appointed in Cadre-C post. All the Watchmen, who were working as daily wagers were appointed in Group-D post along with petitioner.
Since the impugned order is just and proper, no interference is called for. The petition fails and the same stands dismissed.
SD/-
JUDGE SD/-
JUDGE LG