Karnataka High Court
Smt S Vijaya Lakshmi vs The State Of Karnataka on 23 November, 2012
Author: Subhash B.Adi
Bench: Subhash B. Adi
1
W.P.8627-8704/12
C/W 40504-40535/12
IN THE HIGH COURT OF KARNATAKA, AT BANGALORE
DATED THIS THE 23rd DAY OF NOVEMBER 2012
BEFORE
THE HON'BLE MR. JUSTICE SUBHASH B. ADI
WRIT PETITION NOS. 8627-8704 OF 2012 (S-RES)
C/W
W. P. NOS. 40504-40535 OF 2012
IN W.P.Nos. 8627-8704 of 12
BETWEEN :
1 SMT S VIJAYA LAKSHMI
W/O LAKSHMIKANTH KULKARNI
WORKING AS TYPIST,
FAST TRACK COURT,
BANGALORE
2 Y LAKSHMI DEVI
D/O GOVINDA REDDY
AGED ABOUT 39 YEARS
WORKING AS FIRST DIVISION ASSISTANT,
FAST TRACK COURT III
BANGALORE
3 SRI CHANDRASHEKAR H.R.
S./O RAMAIAH
AGED ABOUT 38 YEARS
WORKING AS PEON
FAST TRACK COURT
BANGALORE
4 SRI G M CHANDRASHEKARAIAH
S/O MADAIAH
2
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AGED ABOUT 32 YEARS
WORKING AS ATTENDER,
SPECIAL COURT FOR CRIMINAL CASES,
BANGALORE
5 SRI M H CHIDANANDA
S/O M BHEEMARYAPPA
AGED ABOUT 31 YEARS
WORKING AS PEON
SPECIAL COURT FOR CRIMINAL CASES,
BANGALORE
6 SMT P PRAMILA DEVI
W/O GANGADHAR
AGED ABOUT 40 YEARS
WORKING AS PEON
FAST TRACK COURT,
BANGALORE
7 KUM R PUSHPA
S/O LATE NAGARAJU
AGED ABOUT 23 YEARS
WORKING AS SECOND DIVISION ASSISTANT
FAST TRACK COURT,
BANGALORE
8 SRI SIDDARAJU P
S/O PUTTASWAMAIAH
AGED ABOUT 29 YEARS
WORKING AS SECOND DIVISION ASSISTANT
FAST TRACK COURT,
BANGALORE
9 SRI LOKESH G
S/O M GIRIJAPPA
AGED ABOUT 26 YEARS
WORKING AS SECOND DIVISION ASSISTANT
FAST TRACK COURT, BANGALORE
10 SRI NAVEEN KUMAR A N
S/O LATE NAGARAJU
3
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AGED ABOUT 23 YEARS
WORKING AS SECOND DIVISION ASSISTANT
FAST TRACK COURT,
BANGALORE
11 SRI NAYAZ KHAN
AGED ABOUT 27 YEARS
S/O FAYAZ KHAN
WORKING AS PEON
FAST TRACK COURT
BANGALORE
12 SRI NARASIMHAIAH P E
AGED ABOUT 40 YEARS
S/O ERE GOWDA
WORKING AS PEON
FAST TRACK COURT
BANGALORE
13 SRI SATISH S
AGED ABOUT 28 YEARS
S/O SHIVANNA, WORKING AS PEON
FAST TRACK COURT
BANGALORE-86
14 KUM S MARY LINDA
AGED ABOUT 33 YEARS
D/O SHUSHA RAJI
WORKING AS PEON
FAST TRACK COURT
BANGALORE-01
15 SRI B M SOMALINGA
AGED ABOUT 27 YEARS
S/O MAHADEVAIAH
WORKING AS PEON
FAST TRACK COURT
BANGALORE-01
16 KUM M INFANT GLORY
AGED ABOUT 26 YEARS
4
W.P.8627-8704/12
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D/O Y MOSES
WORKING AS PEON
FAST TRACK COURT
BANGALORE-30
17 SMT R PREMA KUMARI
D/O S RAMASWAMY
WORKING AS PEON,
FAST TRACK COURTS
R/AT NO. 32, 5TH CROSS, KRISHNAPPA
GAREDEN, TAVARAKERE MAIN ROAD,
BANGALORE
18 SMT L NAGAMMA
AGED ABOUT 25 YEARS
D/O SRI LAKSHMAIAH
WORKING AS SECOND DIVISION ASSISTANT,
FAST TRACK COURTS,
BANGALORE-35
19 SRI AYYAPPA
AGED ABOUT 31 YEARS
S/O THIMMANNA
WORKING AS FIRST DIVISION ASSISTANT,
FAST TRACK COURTS
RAICHUR
20 SRI NAGEREDDY
AGED ABOUT 34 YEARS
S/O SHIVAREDDY
WORKING AS SECOND DIVISION ASSISTANT,
FAST TRACK COURTS
RAICHUR
21 SRI ISHWAR V NAIK
AGED ABOUT 34 YEARS
S/O VENKATARAMANA NAIK
WORKING AS PEON
FAST TRACK COURT
RAICHUR
5
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22 SRI P SHAIK HUSSAIN
AGED ABOUT 39 YEARS
S/O P HUSSAIN SAHEB
WORKING AS SECOND DIVISION
ASSISTANT, FAST TRACK COURT,
BELLARY
23 SRI K RAMESH
AGED ABOUT 40 YEARS
S/O K VENKATESH
WORKING AS PEON
FAST TRACK COURT,
BELLARY
24 SRI D A NARASIMHA PRASAD
AGED ABOUT 40 YEARS
S/O D L ANANDA RAO
WORKING AS SECOND DIVISION ASSISTANT
FAST TRACK COURT,
DODDABALLAPUR
BANGALORE RURAL DIST
25 SRI MALLAPPA
AGED ABOUT 36 YEARS
S/O RAMACHANDRA BADIGER
WORKING AS SECOND DIVISION ASSISTANT
FAST TRACK COURT,
YADGIIRI
26 SRI JEEVAN CHANDRAKANT TILGANJI
AGED ABOUT 26 YEARS
S/O CHANDRAKANTH
WORKING AS FIRST DIVISION ASSISTANT
FAST TRACK COURT,
BELGAUM- 590 003
27 SRI GIRISH CHANDRAKAT ADI
AGED ABOUT 28 YEARS
S/O CHANDRAKANATH
WORKING AS SECOND DIVISION ASSISTANT
FAST TRACK COURT, BELGAUM
6
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28 SRI ABULKHADIR MUSTAQAHAMAD MULLA
AGED ABOUT 22 YEARS
S/O MUSTAQ AHAMED
WORKING AS TYPIST
FAST TRACK COURT,
BELGAUM
29 KUM VIASHALI SHIVAJI KAMBLE
AGED ABOUT 28 YEARS
D/O SHIVAJI
WORKING AS SECOND DIVISION CLERK,
FAST TRACK COURT,
BELGAUM
30 SRI MALLESH YAMANAPPA WAGGE
AGED ABOUT 38 YEARS
S/O YAMUNAPPA
WORKING AS FIRST DIVISION ASSISTANT,
FAST TRACK COURT,
BELGAUM
31 KUM PRATIBHA BABU RAGI
AGED ABOUT 21 YEARS
D/O BABU
WORKING AS STENOGRAPHER
FAST TRACK COURT
BELAGUM
32 SRI MAHAMAD ARIF A NEGINAL
AGED ABOUT 23 YEARS
S/O HABEEB USMAN
WORKING AS SECOND DISVISION ASSISTANT
FAST TRACK COURT
BELAGUM
33 KUM VIDYA VIJAY KAKATI
AGED ABOUT 28 YEARS
D/O VIJAY
WORKING AS STENOGRAPHER,
FAST TRACK COURT
BELAGUM
7
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34 SRI BASAVARAJ SHIVARAYAPPA SHIVANAGUDI
AGED ABOUT 32 YEARS
S/O SIVARAYAPPA
WORKING AS FIRST DIVISION ASSISTANT
FAST TRACK COURT, CHIKKODI
BELAGUM
35 SRI SURESH MAHADEV HURALI
AGED ABOUT 21 YEARS
S/O MAHADEV HURALI
WORKING AS TYPIST,
FAST TRACK COURT, CHIKKODI
BELAGUM
36 SRI MALLIKARJUN SHIVAPUTRA BASTAWADE
AGED ABOUT 30 YEARS
S/O SHIVAPUTRA RASTAWADE
WORKING AS FIRST DIVISION ASSISTANT
FAST TRACK COURT, HUKKERI
BELAGUM
37 SRI RAMESH ADIVEPPA NAIKER
AGED ABOUT 28 YEARS
S/O ADIVEPPA NAIKAR
WORKING AS SECOND DIVISION ASSISTANT
FAST TRACK COURT, HUKKERI
BELAGUM
38 SRI JAYAPAL BALAPPA PARASAPPAGAL
AGED ABOUT 41 YEARS
S/O BALAPPA
WORKING AS PEON
FAST TRACK COURT, HUKKERI
BELAGUM
39 SRI ARAVIND ASHOK UPADHYA
AGED ABOUT 33 YEARS
S/O ASHOK UPADHYA
WORKING AS FIRST DIVISION ASSISTANT
FAST TRACK COURT, ATHANI
BELAGUM
8
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40 SRI MAHANTESH SIDDAPPA SANAKAL
AGED ABOUT 42 YEARS
S/O SIDDAPPA SANAKAL
WORKING AS PEON
FAST TRACK COURT, ATHANI
BELAGUM
41 SMT MAHANTAMMA
AGED ABUOT 38 YEARS,
D/O MUPPAYYA HIREMATH,
WORKING AS FIRST DIVISION ASSISTANT,
FAST TRACK COURT
JAMAKANDI,
BAGALKOT DISTRICT.
42 SMT GEETANJALI ARUNKUMAR
TORAVI, AGED ABOUT 26 YEARS,
D/O ARUNKUMAR TORAVI,
WORKING AS TYPIST,
FAST TRACK COURT
JAMAKANDI,
BAGALKOT DISTRICT.
43 SRI RAJESH
AGED ABOUT 31 YEARS,
S/O SOMASHEKHAR AKALWADI,
WORKING AS SECOND DIVISION ASSISTANT,
FAST TRACK COURT
JAMAKANDI,
BAGALKOT DISTRICT.
44 SRI VENKATESH
AGED ABOUT 41 YEARS,
S/O HANAMANTHARAO JOSHI,
WORKING AS ATTENDOR
FAST TRACK COURT
JAMAKANDI,
BAGALKOT DISTRICT.
45 SRI ASIF HUSSAIN M INAMDAR
AGED ABOUT 36 YEARS,
9
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S/O MAHABOOB PASHA,
WORKING AS TYPIST,
FAST TRACK COURT
BIJAPUR
46 SRI MALLAPPA N PUJARI
AGED ABOUT 39 YEARS,
S/O NINGAPPA PUJARI,
WORKING AS DRIVER
FAST TRACK COURT
BIJAPUR
47 SRI S B JAVALI
AGED ABOUT 42 YEARS,
S.O JAVALI,
WORKING AS STENOGRAPHER,
FAST TRACK COURT
BIJAPUR
48 SRI R V INDIKAR
AGED ABOUT 38 YEARS,
S/O VASANTH RAO INDIKAR
WORKING AS TYPIST,
FAST TRACK COURT, BIJAPUR
49 SRI P H KATTIMANI
AGED ABOUT 35 YEARS,
S/O HANUMANTHA KATTIMANI
WORKING AS PEON,
FAST TRACK COURT
BIJAPUR
50 SRI HAJIALI H KOPPAL
AGED ABUOT 32 YEARS,
S/O H KOPPAL,
WORKING AS DRIVER,
FAST TRACK COURT
BIJAPUR
51 SRI GOPAL KRISHNA R SHETTAR
AGED ABOUT 29 YEARS,
10
W.P.8627-8704/12
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S/O R SHETTAR
WORKING AS PEON,
FAST TRACK COURT
GADAG
52 SRIKANTAIAH
AGED ABOUT 40 YEARS,
S/O CHANNABASAYYA,
WORKING AS SECOND DIVISION ASSISTANT,
FAST TRACK COURT
KOPPAL
53 SMTR ARUNDHATHI
W/O AS FIRST DIVISION ASSISTANT,
KOPPAL
54 SRI MANJUNATHA SIRWAR
S/O LAXMANNA, WORKING AS
FIRST DIVISION ASSISTANTE,
FAST TRACK COURT
KOPPAL
55 SRI DHARMANNA
AGED ABOUT 22 YEAS,
S/O RAMANNA BESTAR
WORKING AS PEON
FAST TRACK COURT,
KOPPAL
56 SRI ANAND ESHAPPA DINNI
AGED ABOUT 21 YEARS,
S/O ESHAPPA DINNI,
WORKING AS PEON
FAST TRACK COURT,
KOPPAL
57 SRI SHARANAYYA SHAKARAYYA VASTRAD
AGED ABOUT 36 YEARS,
S/OSHANKARAYYA VASTRAD,
WORKING AS SECOND DIVISION ASSISTANT,
FAST TRACK COURT, KOPPAL
11
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58 SRI C M ROOPESH
AGED ABOUT 23 YEARS,
S/O C M MAHADEVAPPA,
WORKING AS PEON,
FAST TRACK COURT,
CHAMARAJANAGAR
59 KUM REMEDIA ALPHANSO
AGED ABOUT 39 YEARS,
D/O ANTHONY ALPHANSO,
WORKING AS STENOGRAPHER,
FAST TRACK COURT,
KARWAR
60 SMT SHEETALADEVI SANJYA NAIK
AGED ABOUT 34 YEARS,
D/O SANJAY NAIK,
WORKING AS STENOGRAPHER,
FAST TRACK COURT,
KARWAR
UTTARA KANNADA DISTRICT
61 SMT SARITA S GUNAGI
AGED ABOUT 34 YEARS,
D/O SADANAND D GUNAGI,
WORKING AS TYPIST,
FAST TRACK COURT,
KARWAR
UTTARA KANNADA DISTRICT
62 SMT PRAMILA G NAIK
AGED ABOUT 35 YEARS,
W/O PROMOD G NAIK,
WORKING AS TYPIST,
FAST TRACK COURT,
KARWAR
UTTARA KANNADA DISTRICT
63 SRI SAGAR T PADWALKAR
AGED ABOUT 38 YEARS,
S/O TULASIDAS
12
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WORKING AS DRIVER
FAST TRACK COURT,
KARWAR
UTTARA KANNADA DISTRICT
64 SRI PRASHANTH KUMAR URWA
AGED ABOUT 38 YEARS,
S/O AT SANJEEVA,
WORKING AS TYPIST,
FAST TRACK COURT,
MANGALORE
DAKSHINA KANNADA DISTRICT
65 SRI BASAVARAJU
AGED ABOUT 41 YEARS,
S/O SANNAPPA,
WORKING AS TYPIST,
FAST TRACK COURT,
HASSAN
66 SMT C K MANJULA
AGED ABOUT 31 YEARS,
W/O LATE SUNDARAMURTHY
WORKINA AS SECOND DIVISION ASSISTANT,
FAST TRACK COURT,
TUMKUR
67 SRI S P NARAYANASWAMY
AGED ABOUT 40 YEARS,
S/O S PUTTASWAMY,
WORKING AS TYPIST,
FAST TRACK COURT,
MYSORE.
68 SMT M RANJITHA
AGED ABOUT 24 YEARS,
D/O MANJUNATH,
WORKING AS SECOND DIVISION ASSISTANT,
FAST TRACK COURT,
MYSORE.
13
W.P.8627-8704/12
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69 SMT SAVITHA T HEGDE
AGED ABOUT 41 YEARS,
W/O MAHABALSEHWARA B R
WORKING AS STENOGRAPHER,
FAST TRACK COURT,
MYSORE.
70 SRI T N GIRISH KUMAR
AGED ABOUT 36 YEARS,
S/O LATE NARAYANA GOWDA,
WORKING AS PEON,
FAST TRACK COURT,
MYSORE.
71 SRI A RAVIKUMAR
AGED ABOUT 42 YEARS,
S/O LATE ANNAIAH,
WORKING AS TYPIST,
FAST TRACK COURT,
MYSORE.
72 SRI BHARAMANA GOUDA A G
AGED ABOUT 41 YEARS,
S/O LATE NEELAKANTANA GOUDA,
WORKING AS TYPIST,
FAST TRACK COURT,
MYSORE.
73 SRI KRISHNA
AGED ABOUT 40 YEARS,
S/O LATE MADE GOWDA,
WORKING AS FIRST DIVISION ASSISTANT,
FAST TRACK COURT, ANEKAL,
BANGALORE RURAL DISTRICT
74 SMT SHAKUNTHALA N H
AGED ABOUT 31 YEARS,
W/O BASAVARAJ V M
WORKING AS STENOGRAPHER,
FAST TRACK COURT, ANEKAL,
BANGALORE RURAL DISTRICT
14
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75 SMT K S PANKAJA
AGED ABOUT 25 YEARS,
W/O ANNAJI RAO,
WORKING AS TYPIST,
FAST TRACK COURT, ANEKAL,
BANGALORE RURAL DISTRICT
76 SRI K M SATISH
AGED ABOUT 32 YEARS,
S/O LATE K M MALLANNA,
WORKING AS SECOND DIVISION ASSISTANT,
FAST TRACK COURT, ANEKAL,
BANGALORE RURAL DISTRICT
77 SRI NANJUNDASWAMY K G
AGED ABOUT 26 YEARS,
S/O K P GANGADHAR,
WORKING AS PEON,
FAST TRACK COURT, ANEKAL,
BANGALORE RURAL DISTRICT
78 SMT ASHALATHA G
AGED ABOUT 28 YEARS,
W/O LATE KEERTHI BHUSHAN K R
WORKING AS TYPIST,
FAST TRACK COURT,
CITY CIVIL COURT
BANGALORE.
...PETITIONERS
( By Sri. V R SARATHY, ADV. )
AND :
1 THE STATE OF KARNATAKA
REP. BY ITS SECRETARY,
LAW JUSICE AND
HUMAN RIGHTS DEPARTMENT,
VIDHANA SOUDHA,
BANGALORE.
15
W.P.8627-8704/12
C/W 40504-40535/12
2 THE REGISTRAR GENERAL
HIGH COUT OF KARNATAKA,
BANGALORE.
...RESPONDENTS
( By SRI. S. VIJAY SHANKAR, ADV. GENERAL &
SRI. RAVINDRANATH P.V., AGA)
IN W. P. Nos. 40504-40535 OF 2012
BETWEEN :
1 SRI M DINESH
AGED ABOUT 32 YEARS
S/O MUNIYAPPA
WORKING AS FIRST DIVISION ASSISTANT
FAST TRACK COURT
DEVANAHALLI
BANGALORE RURAL DISTRICT
2 SMT SUNITHA M
AGED ABOUT 35 YEARS
W/O NINGARAJU T M
WORKING AS STENOGRAPHER (TYPIST)
FAST TRACK COURT, DEVANAHALLI
BANGALORE RURAL DISTRICT
3 SMT PUSHPA BOVI
AGED ABOUT 39 YEARS
W/O ANIL BOVI
WORKING AS TYPIST
FAST TRACK COURT, DEVANAHALLI
BANGALORE RURAL DISTRICT
4 SRI B SHANTHARAJU
AGED ABOUT 22 YEARS
W/O BASAVE GOWDA
WORKING AS PEON
FAST TRACK COURT, DEVANAHALLI
BANGALORE RURAL DISTRICT
16
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5 KUM C REKHA
AGED ABOUT 22 YEARS
D/O S CHANDRAMOULI
WORKING AS STENOGRAPHER
FAST TRACK COURTS, CITY CIVIL
COURTS COMPLEX,
BANGALORE
6 KUM V VIDHYA
AGED ABOUT 22 YEARS
D/O B M VENKATESH
COURTS
BANGALORE
7 SRI NARASIMHA MURTHY T
AGED ABOUT 26 YEARS
S/O THIMMAIAH
WORKING AS SECOND DIVISION ASSISTANT
FAST TRACK COURT-I
TUMKUR
8 SRI NAVEEN KUMAR H L
AGED ABOUT 28 YEARS
S/O LAKSHMAIAH
WORKING AS DRIVER
FAST TRACK COURT-I
TUMKUR
9 SRI V SANJEEVA MURTHY
AGED ABOUT 37 YEARS
S/O LATE VENKATESHAIAH
WORKING AS PEON
FAST TRACK COURT-III
TUMKUR
10 SMT D SHANTHA LAKSHMI
AGED ABOUT 41 YEARS
W/O V SATISH
WORKING AS TYPIST
FAST TRACK COURT-I
17
W.P.8627-8704/12
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TUMKUR
11 SRI SANTHOSH A J
AGED ABOUT 25 YEARS
S/O A L JANARDHANACHAR
WORKING AS SECOND DIVISION ASSISTANT
FAST TRACK COURTS-II
TUMKUR
12 SMT JAYALAKSHMI T
AGED ABOUT 33 YEARS
W/O RAVINDRAKUMAR
WORKING AS TYPIST
FAST TRACK COURT
BANGALORE
13 SMT K PUSHPALATHA
AGED ABOUT 34 YEARS
W/O RAMU
WORKING AS TYPIST
FAST TRACK COURT, CITY CIVIL
COURTS COMPLEX
BANGALORE
14 SMT G ASHA RANI
AGED ABOUT 28 YEARS
W/O G RAMESH
WORKING AS TYPIST
FAST TRACK COURT, CITY CIVIL
COURTS COMPLEX
BANGALORE
15 SMT K PADMA PRIYA
AGED ABOUT 34 YEARS
W/O B R RAVI
WORKING AS TYPIST
FAST TRACK COURTS, CITY CIVIL
COURTS COMPLEX
BANGALORE
16 SMT R RADHA
AGED ABOUT 41 YEARS
18
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W/O S ASHOK KUMAR
WORKING AS TYPIST,
FAST TRACK CORUTS-II
CITY CIVIL COURTS COMPLEX
BANGALORE
17 SMT G SUJATHA
W/O B BALA GANGADHAR TILAK
WORKING AS TYPISTS,
FAST TRACK COURTS
CITY CIVIL COURTS COMPLEX
BANGALORE
18 SRI R L RAJASHEKAR
AGED ABOUT 30 YEARS
S/OR AJENDRA
WORKING AS DRIVER
FAST TRACK COURT
CITY CIVIL COURTS COMPLEX
BANGALORE
19 SRI BASAVARAJ BABANNA PATTANASHETTI
AGED ABOUT 25 YEARS
S/O BANNA CHENNAPPA PATTANASHETTI
KOPPAL
20 SRI PAVAN KUMAR K V
AGED ABOUT 32 YEARS
S/O LATE MOHAN RAO K V
WORKING AS FIRST DIVISION
ASSISTANT, FAST TRACK COURT-I
BELLARY
21 SRI LAXMIPRASAD JANADRI
AGED ABOUT 27 YEARS
S/O LAXMANA JANADRI
WORKING AS PEON
FAST TRACK COURT-I
BELLARY
22 SRI M RAJESH BABU
19
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AGED ABOUT 31 YEARS
S/O LATE C MAHALINGAPPA
WORKIGN AS PEON
FAST TRACK COURT-II
BELLARY
23 SRI SIDDESHWARA D
AGED ABOUT 31 YEARS
S/O LATE HANUMANTHAPPA D
WORKING AS PEON
FAST TRACK COURT-I
BELLARY
24 SRI T RAVIKUMAR
AGED ABOUT 33 YEARS
S/O T NAGARAJULU
WORKING AS PEON
FAST TRACK COURT-II
BELLARY
25 SRI DHAMARAJ SIDDALINGAPPA AKKI
AGED ABOUT 32 YEARS
S/O SIDDALINGAPPA, WORKING AS TYPIST
FAST TRACK COURT-III
DHARWARD
26 SRI GANESH BHARAT BAGADGERI
AGED ABOUT 29 YEARS
S/O B BAGADGERI, WORKING AS PEON
FAST TRACK COURT-III
DHARWARD
27 SRI KHALILULLA M ATTAR
AGED ABOUT 31 YEARS
S/O MOHAMMAD ATTAR
WORKING AS PEON
FAST TRACK COURT-II
BELGAUM
28 SRI KUMAR S PASCHAPURE
AGED ABOUT 29 YEARS
20
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S/O SHIVAPUTRA PASCHAPURE
WORKING AS SECOND DIVISION ASSISTANT
FAST TRACK COURT TIPTUR
TUMKUR DISTRICT
29 SRI S ARUN KUMAR
AGED ABOUT 26 YEARS
S/O S H SHANTHAPPA
WORKING AS PEON
FAST TRACK COURT TIPTUR
TUMKUR DISTRICT
30 SRI KAMMANNA
AGED ABOUT 38 YEARS
S/O DODDAIAH
WORKING AS PEON
FAST TRACK COURT MADHUGIRI
TUMKUR DISTRICT
31 SMT G SHANTHA
AGED ABOUT 34 YEARS
D/O LATE GIRIYAPPA
WORKING AS FIRST DIVISION ASSISTANT
FAST TRACK COURT MADHUGIRI
TUMKUR DISTRICT
32 SMT H E LALITHA
AGED ABOUT 30 YERS
W/O NAGARAJ
WORKING AS SECOND DIVISION ASSISTANT
FAST TRACK COURTS MADIKERI
...PETITIONERS
( By Sri. V R SARATHY, ADV. )
AND :
1 THE STATE OF KARNATAKA
REP BY ITS SECRETARY
LAW, JUSTICE AND
HUMAN RIGHTS DEPARTMENT
VIDHANA SOUDHA
21
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C/W 40504-40535/12
BANGALORE 560 001
2 THE REGISTRAR GENERAL
HIGH COURT OF KARNATAKA
BANGALORE 560001
...RESPONDENTS
( By SRI. S. VIJAY SHANKAR, ADV. GENERAL &
SRI. RAVINDRANATH P.V., AGA)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUSH THE IMPUGNED COMMUNICATION VIDE ANNX-K
ISSUED BY THE R1 AS THE SAME IS ISSUED WITHOUT
APPLYING THE LAW LAIDE DOWN IN UMA DEVI'S CASE;
DIRECT THE RESPONDENTS HEREIN TO CONSIDER THE
CASE OF THE PETITIONERS FOR REGULARIZATION AS
CONSIDERED IN THE CASE OF FTC EMPLOYEES OF THE
HIGH COURT OF MADHYA PRADESH AND THE STATE OF
JHARKHAND; AND ETC.
THESE WRIT PETITIONS COMING ON FOR
PRELIMINARY HEARING, THIS DAY THE COURT MADE THE
FOLLOWING:
ORDER
Petitioners in these writ petitions have sought for quashing Annex.K dt. 6/9/2011 issued by the 1 st respondent - State.
2. Grievance of the petitioners is that, these petitioners are working in Fast Track Courts established 22 W.P.8627-8704/12 C/W 40504-40535/12 in pursuance to various notifications issued by the 2nd respondent. They are working in various posts such as First Division Assistants, Second Division Assistants, Stenographers, Peons, Typists and Drivers etc., since 2000-01 and onwards. They were all appointed against the clear vacancies and based on the requisite qualification. Though some of the petitioners have put in nearly than 10 years of service, their services have not been regularized. In this regard, these petitioners had made a representation to the State for regularization of their services. However State government, by the impugned communication, has rejected the same, on the ground that their services can not be regularized in view of the decision of the Apex Court in Umadevi's case reported in (2006) 4 SCC 1. It is also stated that those petitioners are appointed only on contract basis and not under the regular Cadre & Recruitment Rules.
3. Learned Counsel for the petitioners submits that 23 W.P.8627-8704/12 C/W 40504-40535/12 these petitioners were appointed by inviting the applications and based on the requisite qualification as such their appointment is a regular appointment, though it is stated as contractual appointment.
4. Fast Track Courts are established in pursuance of the decision of the Apex Court. Though now the decision is taken to abolish some of the Fast Track courts, but the consequence of such abolition, these petitioners who have been working since long time will be discharged and will become unemployed. Since these petitioners were selected and appointed, the legitimate expectation was they would be continued. Now they are age barred, and are having dependent family. If any decision to discharge or terminate, would deny them the right of livelihood, and some would be voilative of Article 21 of Constitution. These petitioners have nearly 10 years of experience, as such, removal of them would not be in the public interest. Learned Counsel submits, that, though in these petitions, 24 W.P.8627-8704/12 C/W 40504-40535/12 petitioners have not stated that they have completed 10 years, however he submits that some of them have completed 10 years or more service in judicial department.
5. On the other had, learned Advocate General submitted that it is not permissible to regularize the services of the petitioners, as they were appointed only in respect of Fast Track Courts, the said establishment of Fast Track Courts it self was temporary and for particular purpose. Now the decision has been taken by the High Court to abolish nearly 39 Fast Track Courts and by 2015, the remaining Fast Track Courts and by 2015, the remaining Fast Track Courts are also likely to be abolished. When the Fast Track Courts itself will not be in existence, the question of continuing the contractual employees, does not arise, as it would be against the principles laid down by the Apex Court. Petitioners' appointments are contractual appointment, they do not 25 W.P.8627-8704/12 C/W 40504-40535/12 carry any lien or right to continue in the post. Any regularization of contractual employees in the public employment will be contrary to art. 14 and 16 of the Constitution of India. He also submits that even most of the petitioners have not completed even 10 years of service.
6. In reply, Learned Counsel for the petitioners submits, that in respect of similarly situated employees of Fast Track Court in other States, some of the States have taken a decision to regularize their services by framing appropriate rules and government orders and similar exercise ought to have been done by the State in these also.
7. Law on the point of regularization is now well- settled. Apex Court in Umadevi's case has held that no appointment in public employment could be made in contravention of the rules made under Art. 309 of the 26 W.P.8627-8704/12 C/W 40504-40535/12 Constitution vis-à-vis contrary to scheme of the Constitution of India. Even the provision for regularization is made as one-time measure in the said decision of the Apex Court and such repeated exercise is not permissible. The Apex Court in M.L. Kesari's case has stipulated certain norms for consideration in the cases for regularization as one-time measure. It is only in those circumstances, if such cases are not considered by the State or Public Authority as a one-time measure, such cases could be considered for regularization and otherwise.
8. However it is brought to my notice that some legislation has been passed by other States. Though such legislation are not binding on the State, however having regard to the circumstances and also having regard to the number of years put in by these petitioners, wherever petitioners have completed 10 years or have fulfilled the norms stipulated in the decision of M.L.Kesari's, such 27 W.P.8627-8704/12 C/W 40504-40535/12 cases could be considered by the State. By considering the case of the deserving petitioners in terms of the decision of the Apex Court, no prejudice will be caused to the State.
9. In these circumstances, I direct the State government to reconsider the matter in so far as such candidates who have fulfilled the norms stipulated in M.L.Kesari's case and may also consider that in similar situation, if there are any other legislation or rules framed by the other states, and if there is any possibility of considering the case of the petitioners in terms of the same, it is open for the State government to consider the same.
10. In view of the above observation the impugned communication should not come in the way of the State government in reconsidering the case of the petitioners afresh.
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W.P.8627-8704/12 C/W 40504-40535/12 With these observations, petitions stands disposed of.
Sd/-
JUDGE rd/-