Karnataka High Court
Sri Vishwanath B M vs The State Of Karnataka on 24 September, 2018
Author: L.Narayana Swamy
Bench: L.Narayana Swamy
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF SEPTEMBER, 2018
BEFORE
THE HON'BLE MR. JUSTICE L.NARAYANA SWAMY
WRIT PETITION NOS.39824/2018 & 40249/2018 (S-RES)
Between:
1. Sri. Vishwanath B M
S/o. late Murugendra Swamy B M,
Aged about 47 years,
Graduate Engineer,
Office of Executive Engineer,
Karnataka State Police
Housing & Infrastructure
Development Corporation Ltd.,
No.4, Sub-Division,
Mysuru - 570 011.
2. Sri. K T Naveen Kumar,
S/o. Thammanna Gowda,
Aged about 35 years,
Computer Operator,
Office of Assistant Executive
Engineer,
Karnataka State Police Housing &
Infrastructure Development
Corporation Ltd.,
No.4, Sub-Division,
Mysuru - 570 011. ... Petitioners
(By Smt. Shilpa Rani for Sri. Manjunath K, Adv)
2
And:
1. The State of Karnataka,
Represented by the Principal
Secretary to Home & Transport
Department, (Police Services),
Vidhana Soudha,
Bengaluru - 560 001.
2. The Director General of Police
& Chairman,
Karnataka State Police Housing &
Infrastructure Development
Corporation Limited,
No.59, Richmond Road,
(General K S Thimmayya Road),
Bengaluru 560 025.
3. The Managing Director,
Karnataka State Police Housing
& Infrastructure Development
Corporation Limited,
No.59, Richmond Road,
(General K S Thimmayya Road),
Bengaluru 560 025.
4. The Executive Engineer,
Karnataka State Police Housing
& Infrastructure Development
Corporation Limited,
No.4, Sub-Division,
Mysuru - 570 011.
5. The Assistant Executive Engineer,
Karnataka State Police Housing
& Infrastructure Development
Corporation Limited,
No.4, Sub-Division,
3
Mysuru - 570 011. ... Respondents
(By Sri. E.S. Indiresh, AGA for R.1)
These Writ Petitions are filed under Articles 226 and 227 of
the constitution of India praying to direct the respondents to
regularize the services of the petitioners in accordance with rule
7(2) of the C & R rules and in terms of the order dated
07.06.2017 in W.P.Nos.205091-92/2016 (S-RES) which is placed
at annexure-R and in accordance with law and etc.,
These writ petitions are coming on for Preliminary Hearing
this day, the court made the following:
ORDER
Petitioners submit that they are working as Graduate Engineer and Computer Operator for the past ten years and nine years respectively and they are appointed against the vacant posts in accordance with Regulation No.7 of the Government Order dated 27.01.1995 in No.HD 209 PO PE SE 94 Bangalore, and they are entitled for consideration of their case for regularization. Similarly situated persons had approached this Court in W.P.No.205091/2016 and W.P.No.205092/2016 (S- RES), wherein this Court allowed the petitions directing the respondents to consider the representation made by the 4 petitioners dated 01.09.2014 for regularization of their services and pass appropriate orders strictly in accordance with law.
2. Learned AGA submits, if the applications/representations of the petitioners are in accordance with law, then there is no impediment for the respondents to consider their application/representation and pass appropriate orders.
3. Heard learned counsel for both sides.
4. Petitioners state that they are working for the past ten years and nine years respectively. When such being the case, it is for the respondents to consider their case and pass appropriate orders. Though Rule 7 of the notification refers to method of recruitment, but the said method of recruitment itself is not a method for regularization of service. Be that as it may, if petitioners are working on contract basis for the past ten years and nine years, they are eligible for regularization of their services and it is for the respondents to regularize their services by issuing necessary notification by following all constitutional and statutory provisions as held by the Hon'ble Supreme Court 5 in the case of State of Haryana and others vs. Piara Singh and others reported in AIR 1992(4) SCC 118. It is also held therein that temporary employees cannot be replaced by another set of temporary employees or ad hoc employees.
With these observations, writ petitions stand disposed of.
Sd/-
JUDGE Mgn/-