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Karnataka High Court

K Geetha Kamath vs The State Of Karnataka on 8 July, 2022

Author: S. Sunil Dutt Yadav

Bench: S. Sunil Dutt Yadav

                              1


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 08TH DAY OF JULY, 2022

                          BEFORE

      THE HON'BLE MR. JUSTICE S. SUNIL DUTT YADAV

        WRIT PETITION NO.20981/2021 (S-REG)

BETWEEN:

K. Geetha Kamath,
D/o. K. Raghavendra Kamath,
Aged about 59 years,
Second Division Assistant,
Town Municipal Council,
Moodubidire - 574 227,
Dakshina Kannada District.
                                             ... Petitioner
(By Sri Muralidhar K.B., Advocate)

AND:

1.    The State of Karnataka by its
      Secretary to Government,
      Urban Development Department,
      4th Floor, Vikasa Soudha,
      Bengaluru - 560 001.

2.    The Director,
      Directorate of Municipal Administration,
      9th Floor, Vishveshwaraiah Towers,
      Dr.Ambedkar Veedhi, Bengaluru - 560 001.
                                               ...Respondents

(By Smt. M.C.Nagashree, AGA)
                                        2


      This Writ Petition is filed under Articles 226 and 227 of
the Constitution of India praying to direct the R2 to consider
the case of the petitioner for regularization of her services in
the light of the orders passed by this Hon'ble Court in
W.P.No.13555/2008 (S-REG) and 13532/2008 (S-REG)
dated 11.06.2009 Annexure- F and the orders passed by the
R2 dated 22.12.2012 Annexure- G and order dated
29.12.2012 Annexure- H and extend the benefit of the said
orders dated 22.12.2012 and 29.12.2012 to the petitioner
with all consequential service benefits, monetary benefits
and pensionary benefits.

     This Writ Petition coming on for Orders, this day, the
Court made the following:

                                  ORDER

The petitioner has sought for issuance of writ of mandamus to direct respondent No.2 to consider the case of the petitioner for regularisation of her services in light of the order passed in W.P.No.13555/2008 disposed of on 11.06.2009 and also relies on the order passed by respondent No.2 at Annexures- G and H and sought for extension of benefit to the petitioner.

2. It is submitted that the petitioner has been working as 'Typist' from 14.02.1995. It is further submitted that the representation of the petitioner for being regularised 3 has been taken note of by the respondents- Authority at an earlier point of time and in terms of Annexure- M, the Deputy Commissioner has recommended the case of the petitioner regarding regularization to the Director, Municipal Administration on 09.12.2015. It is further submitted that in terms of Annexure- P dated 15.09.2016, the Joint Commissioner, BBMP has recommended the case of the petitioner to the Director, Municipal Administration for regularisation, while observing that the petitioner is eligible for regularisation having worked against the vacant post. The petitioner has made out a detailed representation at Annexure- S.

2. Learned Additional Government Advocate appearing for the respondents submits that the representation of the petitioner would be considered in accordance with law.

3. Accordingly, respondent No.2 to consider the representation at Annexure- S keeping in mind the 4 recommendation at Annexures- M and P in accordance with law. Such consideration to be completed within a period not later than three months from the date of receipt of a copy of this order.

Sd/-

JUDGE PN