Karnataka High Court
Suresh K. Harlapur vs The State Of Karnataka on 10 January, 2018
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 10 t h DAY OF JANUARY 2018
BEFORE
THE HON'BLE MRS.JUSTICE K.S.MUDAGAL
WRIT PETITION Nos.110512-543 of 2017 [S-RES]
BETWEEN:
1. SURESH K. HARLAPUR S/O K. HARLAPUR,
AGE: 50 YEARS,
OCC: GUEST JUNIOR TRAINING OFFICER IN ITI,
R/O: HUILGOL ROAD,
BETAGERI, GADAG-582101.
2. SHRI. KASHINATH S. HIREMATH,
S/O S. HIREMATH,
AGE: 48 YEARS,
OCC: GUEST JUNIOR TRAINING OFFICER IN ITI,
R/O: NEAR NEELAKANTESHWAR TEMPLE,
BAZAR ROAD, KINNAL,
TQ: KOPPAL, D: KOPPAL-583831.
3. SHRI. Z.M MULLA S/O M. MULLA,
AGE: 49 YEARS,
OCC: GUEST JUNIOR TRAINING OFFICER IN ITI,
R/O: H.NO. 4619/6, WARD NO. 1,
JOSHI GALLI,
BEHIND KSRTC DEPOT,
POST: ILKAL, TQ: HUNAGUND,
DIST: BAGALKOT-587101.
4. SHRI. RAGHAVENDRA H. SAVADATTI,
S/O H. SAVADATTI,
AGE: 41 YEARS,
OCC: GUEST JUNIOR TRAINING OFFICER IN ITI,
R/O: POST: KAGADHAL, TQ: SAVADATTI,
:2: WP Nos.110512-543/2017
DIST: BELGAUM-591126.
5. SHRI. SHIVANAND B. PATTAR,
S/O B. PATTAR,
AGE: 39 YEARS,
OCC: GUEST JUNIOR TRAINING OFFICER IN ITI,
R/O: VINAYAK NAGAR,
NARAGUND, TQ: NARAGUND,
DIST: GADAG-582207.
6. SHRI. RAMADAS S. NAIK
S/O S. NAIK,
AGE: 49 YEARS,
OCC: GUEST JUNIOR TRAINING OFFICER IN ITI,
R/O: AT: ADAKAR, POST: MUDAKANI,
TQ: HONNAVAR, DIST: UTTARAKANNADA-581334.
7. SHRI. CHINTAMANI HEGDE,
AGE: 45 YEARS,
OCC: GUEST JUNIOR TRAINING OFFICER IN ITI,
R/O: AT: BASAVANA BETTA, POST: UPPANI,
TQ: HONNAVAR, DIST: UTTARAKANNADA-581334.
8. SHRI MANJUNATH R. NAIK,
S/O R. NAIK, AGE: 48 YEARS,
OCC: GUEST JUNIOR TRAINING OFFICER IN ITI,
R/O: AT & POST: SHANBAG COMPOUND,
HERAVATTA, TQ: KUMTA,
DIST: UTTARA KANNADA-581343.
9. SHRI. VASUDEV N. KODIYA
S/O N. KODIYA, AGE: 43 YEARS,
OCC: GUEST JUNIOR TRAINING OFFICER IN ITI,
R/O: FOREST COLONY,
PRABHAT NAGAR, TQ: HONNAVAR,
DIST: UTTARAKANNADA-581334.
10. SHRI. VEERENDRA KUMAR,
AGE: 41 YEARS,
OCC: GUEST JUNIOR TRAINING OFFICER IN ITI,
R/O: "GAYATRI NIVAS",
:3: WP Nos.110512-543/2017
MADHYANTARA, BELTANGADY,
TQ: BELTANGADY,
DIST: SOUTH KANNADA-574214.
11. RASHMA R. KUMARI,
D/O R. KUMARI,
AGE: 28 YEARS,
OCC: GUEST JUNIOR TRAINING OFFICER IN ITI,
R/O: 1/181, "SHREE RAKSHA",
WAKVADY VILLAGE,
POST: KUMBASHI,
TQ: KUNDAPUR,
DIST: UDUPI-576201.
12. SHRI.ANNAPPA
AGE: 38 YEARS,
OCC: GUEST JUNIOR TRAINING OFFICER IN ITI,
R/O: GANDHI NAGAR, POST: MARAVANTE,
TQ: KUNDAPUR, DIST: UDUPI-576201.
13. SHR BALAKRISHNA
AGE: 37 YEARS,
OCC: GUEST JUNIOR TRAINING OFFICER IN ITI,
R/O: H.NO. 2/10A,
NEAR KPTCC KOTTANAKATTE,
POST: HIRIYADKA,DIST: UDUPI-576101.
14. SHRI AJIT KUMAR ACHARYA
AGE: 35 YEARS,
OCC: GUEST JUNIOR TRAINING OFFICER IN ITI,
R/O: "GANESH KRUPA", KALMADI ROAD, KOTATATTU,
POST: KOTA, DIST: UDUPI-576221.
15. SHRI. HAMSARAJ A.P
S/O PUTTEGOWDA A.S,
AGE: 45 YEARS,
OCC: GUEST JUNIOR TRAINING OFFICER IN ITI,
R/O: "MANJUSHREE NILAYA", THEATRE ROAD,
SHANIVARSANTHE,
TQ: SOMAVARPETH, DIST: KODAGU-571236.
:4: WP Nos.110512-543/2017
16. SHRI. TEJAS U. R
S/O RAMAKRISHNAIAH,
AGE: 35 YEARS,
OCC: GUEST JUNIOR OFFICER IN ITI,
R/O: # 9, 2ND CROSS, 20TH MAIN,
"E" BLOCK, J.P. NAGAR,
MYSORE-570001.
17. SHRI. MANJUNATH D.S
S/O SIDDALINGAPPA,
AGE: 45 YEARS,
OCC: GUEST JUNIOR OFFICER IN ITI,
R/O: AT & POST: DODDAHOSAHALLI,
TQ: MADHUGIRI,
DIST: TUMAKUR-572132.
18. SHRI RAJASAHEB K. GODEKAR,
S/O KHUNDANSAB GODEKAR,
AGE: 40 YEARS,
OCC: GUEST JUNIOR OFFICER IN ITI,
R/O: SHIMHASAN PETH, NEAR MYSOOR MAT,
WARD NO. 19, HOUSE NO. 414/19,
GAJENDRAGADH-582114.
19. SHRI. AMARESH
AGE: 40 YEARS,
OCC: GUEST JUNIOR OFFICER IN ITI,
R/O: NEAR ILKAL DOCTOR HOUSE,
M.G. ROAD, AT & POST: HATTI,
TQ: LINGASUR, DIST: RAICHUR-584122.
20. SHRI BACHHU G. REVANAKAR
S/O G. REVANKAR,
AGE: 28 YEARS,
OCC: GUEST JUNIOR OFFICER IN ITI,
R/O: DESAIWADA, HUDSA,
TQ: JOIDA, DIST: UTTARAKANNADA-581186.
21. SHRI. KIRAN NAIK,
S/O LAXMAN NAIK,
AGE: 28 YEARS,
:5: WP Nos.110512-543/2017
OCC: GUEST JUNIOR OFFICER IN ITI,
R/O: NEAR BUS STAND, NH-17,
SAKALBENA, AVERSA,
TQ: ANKOLA, DIST: UTTARAKANNADA-581314.
22. SHRI. KUMARASWAMY C.
AGE: 35 YEARS,
OCC: GUEST JUNIOR OFFICER IN ITI,
R/O: VINAYAK NAGAR,
NEAR B.G. NANKAR EXTENSION,
HIREKERUR, DIST HAVERI-581111.
23. M. SHIVARAJA
S/O M. BHARAMAPPA,
AGE: 40 YEARS,
OCC: GUEST JUNIOR OFFICER IN ITI,
R/O: POST: ITAGI,
TQ: HUVINAHADAGALI,
DIST: BELLARY-583219.
24. SHRI. KIRANAKUMAR BANGER,
S/O M. BHARAMAPPA,
AGE: 37 YEARS,
OCC: GUEST JUNIOR OFFICER IN ITI,
R/O: AT: SOMANAHALLI,
POST: TAVARAGI,
TQ: HIREKERUR,
DIST: HAVERI-581111.
25. SEEMA SOPPINA,
C/O MUTTURAJ SOPPINA,
AGE: 39 YEARS,
OCC: GUEST JUNIOR OFFICER IN ITI,
R/O: H.NO. 6/2,
MAIN ROAD, TQ: HUVINAHADAGALI,
DIST: BELLARY-583219.
26. PREETI VIJAPUR,
AGE: 37 YEARS,
OCC: GUEST JUNIOR OFFICER IN ITI,
R/O: DR. MARISHANTESH AMRUTHA CLINIC,
:6: WP Nos.110512-543/2017
KEREBIDI ONI,
HULIYURUDURGA,
TQ: KUNIGAL, DIST: TUMKUR-582130.
27. SHRI MAHESH A. R
S/O RAJANNA,
AGE: 33 YEARS,
OCC: GUEST JUNIOR OFFICER IN ITI,
AT: ARAKERE, POST: SUBBAN HALLI,
HIRISAVE (HOBALI),
TQ: CHANNARAYAPATTAN,
DIST: HASSAN-571336.
28. SHRI C. R HALAGE,
S/O R. HALAGE,
AGE: 44 YEARS,
OCC: GUEST JUNIOR OFFICER IN ITI,
R/O: WILSOM SONAGAR,
SHRI BASAVESHWAR NAGAR,
BETAGERI, DIST: GADAG-528101.
29. M. S OTAGERI,
S/O S. OTAGERI,
AGE: 29 YEARS,
OCC: GUEST JUNIOR OFFICER IN ITI,
R/O: NEAR SHRI BASAVESHWAR HIGH SCHOOL,
S.B NAGAR, BELGERI, GADAG-528101.
30. SHRI. PRAKASH NAYAKA H.D
S/O DEVARAJ NAYAKA,
AGE: 31 YEARS,
OCC: GUEST JUNIOR OFFICER IN ITI,
R/O: AT: HARGONDANAHALLI,
POST: YALECHGNHALLI,
TQ: H.N PURA, DIST: HASSAN-573211.
31. SHRI. VIJAYA MAHANTESH
S/O BASAPPA NADAPUR,
AGE: 28 YEARS,
OCC: GUEST JUNIOR OFFICER IN ITI,
R/O: AT: POST: HANUMAN SAGAR,
:7: WP Nos.110512-543/2017
WARD NO. 7, VIDYA NAGAR,
TQ: KUSTAGI, DIST: KOPPAL-584121.
32. DIVYA K.
AGE: 32 YEARS,
OCC: GUEST JUNIOR OFFICER IN ITI,
C/O # NO. 11, JAIPURA ROAD,
NEAR THILAK PARK POLICE STATION,
TUMKUR-572101.
... PETITIONERS
(By Sri. SUBRAMANYA JOIS, SR. COUNSEL FOR
SRI.M B KANAVI ADV.)
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPLE SECRETARY,
LABOUR DEPARTMENT (DEPT. OF SKILL DEVELOPMENT
ENTREPRENEURSHIP & LIVELIHOOD) GOVT. OF
KARNATAKA, VIDHANA SOUDHA,
BANGALORE-560001.
2. THE COMMISSIONER,
EMPLOYMENT & TRAINING,
KOUSHALYA BHAVAN, DAIRY CIRCLE,
BANNERAGHATTA ROAD,
BANGALORE-560029.
3. THE DIRECTOR,
EMPLOYMENT & TRAINING,
KOUSHALYA BHAVAN, DAIRY CIRCLE,
BANNERAGHATTA ROAD,
BANGALORE-560029.
4. THE JOINT DIRECTOR,
EMPLOYMENT & TRAINING,
DIVISION OFFICE,
GROUND FLOOR,
KOUSHALYA BHAVAN,
BANGALORE-560029.
:8: WP Nos.110512-543/2017
5. THE JOINT DIRECTOR,
EMPLOYMENT & TRAINING,
DIVISION OFFICE,
NAVANAGAR,
HUBLI-580023.
6. THE JOINT DIRECTOR,
DIVISION OFFICE,
MSK MILL ROAD,
NEAR NATIONAL PATROL BUNK,
(GULBARGA), KALABURAGI-585101.
7. THE JOINT DIRECTOR,
EMPLOYMENT & TRAINING,
DIVISION OFFICE,
SARASWATPUR,
MYSORE-570001.
... RESPONDENTS
(By SMT.VEENA HEGDE, AGA FOR R1 TO R7)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO:
i) DIRECT THE RESPONDENT TO CONSIDER THE
NOTE SUBMITTED BY THE SUB-COMMITTEE IN
THE PROCEEDINGS HELD ON 18.09.2014
(ANNEXURE-L) AND ABSORB THE SERVICES
OF THE PETITIONERS IN THE 2ND
RESPONDENT DEPARTMENT BY FRAMING THE
"SPECIAL RECRUITMENT RULE" WITHIN A
TIME FRAME SPECIFIED BY THIS HON'BLE
COURT.
ii) TO DIRECT RESPONDENT NO.2 TO CONSIDER
THEIR CLAIM FOR REGULAR SALARY
ATTACHED TO THE POST AND EXTEND ALL
CONSEQUENTIAL BENEFITS THAT THEY
WOULD BE ENTITLED TO FROM THE DATE
THEY WERE APPOINTED TO THE POST OF
'GUEST LECTURER' INCLUDING BACKWAGES.
:9: WP Nos.110512-543/2017
These Writ Petitions coming on for Preliminary Hearing,
this day the Court made the following:-
ORDER
Smt.Veena Hegde, learned AGA, is d irected to take notice for respondent Nos.1 to 7.
2. Heard .
3. The p etitioners claim that they were all appointed as Guest Lecturers on contract b asis in Government Industrial Training Institute for a term of eleven months and their services are being renewed from time to time since 1997. They contend that they submitted representation Annexure 'P' dated 23 r d May 2017 for regularization of their services.
4. The Government constituted a committee for examining the d emands of the guest lecturers in Government Ind ustrial Training Institutions for the their absorption and submit report. Respond ent No.2 und er Annexure 'L' has mad e recommend ations to : 10 : WP Nos.110512-543/2017 the 1 s t respondent to consid er the ab sorption of the guest lectures in ITI Colleg es subject to certain cond itions and for that purpose to constitute a high level sub committee.
5. The grievance of the petitioners is that the 1 s t respond ent is not taking any decision on Annexure 'L' and thus, they seek writ of mand amus ag ainst the 1st respond ent for consideration of Annexure 'L'. They further seek direction to the 2 n d respondent to fix their p ay and other monetary benefits on par with the Government lecturers.
6. Sri.Subrahmanya Jois, learned senior counsel appearing for Sri.M.B.Kanavi, the learned ad vocate on record for petitioners contends that the petitioners have all the eligibility for regularisation. He contends that in a similar circumstance, in the Emp loyment and Training Institutions, the temporary employees were regularized.
: 11 : WP Nos.110512-543/2017
7. In support of his contention, he relies upon the following judgments:
(i) State of Karnataka Vs. B.Suvarna Malini, 2000 SOL Case No.753;
(ii) State of Punjab and others Vs. Jagjit Singh and others, (2017) 1 SCC 148;
(iii) Daily rated Casual Labour Vs. Union of India and Other, AIR 1987 SC 2342.
8. As ag ainst that Smt. Veena Hegde, learned AGA contends that since the matters relate to the recruitment to and service of the civil posts of the State, the remedy of the petitioners is before the Karnataka State Administrative Tribunal in view of Sections 15 and 19 of the Administrative Tribunals Act, 1985.
9. Indisputedly, the matter relates to the right of appointment / regularization of the petitioners to a civil post und er the State.
: 12 : WP Nos.110512-543/2017 Therefore, Section 15 of the Administrative Tribunals Act is clearly attracted . Even in B.Suvarna Malini's case referred to supra, the
matter was initially taken before the Administrative Tribunal and then it was taken before the next hig her courts. Thus, the petitioners have an efficacious alternate remedy before the Tribunal.
Therefore, the petitions are disposed of reserving lib erty to the petitioners to approach the Karnataka Ad ministrative Tribunal for the same relief. All the contentions of the parties are left open.
Sd/-
JUDGE RK/-