Karnataka High Court
Smt P Manjula @ Manjulamma vs The Principal Secretary on 8 November, 2012
Author: Subhash B.Adi
Bench: Subhash B.Adi
1
W.P. NO. 7495/2010
&
W.P. NO. 7496/2010
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 8th DAY OF NOVEMBER 2012
BEFORE
THE HON'BLE MR. JUSTICE SUBHASH B.ADI
W.P. NO. 7495/2010 (S-REG))
&
W.P. NO. 7496/2010 (S-REG)
IN W.P. NO. 7495/2010
BETWEEN:
SMT. P. MANJULA
@ MANJULAMMA
W/O P. SHANKARAPPA
AGED ABOUT 46 YEARS
WORKING AS TAILORING
TRAINING TEACHER
CITY MUNICIPALITY
DAVANGERE
R/AT 13/12, 17TH CROSS
K.T.J.NAGAR
DAVANGERE - 577 002
SINCE DEAD BY HER LRS.
1(a). RAMESH.S
S/O SRI. SHANKARAPPA
AGED ABOUT 31 YEARS
1(b). SRI. BHOJARAJ.S
S/O SRI. SHANKARAPPA
AGED ABOUT 29 YEARS
2
W.P. NO. 7495/2010
&
W.P. NO. 7496/2010
1(c). DEVARAJ.S.
S/O SRI. SHANKARA.PPA
AGED ABOUT 27 YEARS
1(d). SHANKARAPPA
S/O PARASHURAMAPPA
AGED ABOUT 59 YEARS
ALL ARE RESIDING AT
NO.191/2, 'SRI RENUKA NILAYA'
KHADI KENDRA MARG
CHIKKANAHALLI EXTN.,
NITUVALLI ROAD
DAVANGERE - 577 002
... PETITIONERS
(BY SRI. SANTOSH M.G. ADV., FOR
SRI. P.H. VIRUPAKSHAIAH, ADV.)-
AND:
1. THE PRINICIPAL SECRETARY
HOUSING AND URBAN DEVELOPMENT
DEPARTMENT, M.S. BUILDING
BANGALORE - 560 001
2. THE DIRECTOR
MUNICIPAL ADMINISTRATION
VISWESHWARAYYA TOWER
VIDHANA VEEDHI
BANGALORE - 560 001
3. THE DEPUTY COMMISSIONER
(MUNICIPAL ADMINISTRATION)
DAVANGERE DISTRICT
DAVANGERE
3
W.P. NO. 7495/2010
&
W.P. NO. 7496/2010
4. THE MUNICIPAL COMMISSIONER
DAVANGERE CITY MUNICIPALITY
DAVANGERE
... RESPONDENTS
(BY: SMT. MANJULA R. KAMADALLI, HCGP FOR R1-R3,
SRI. K.R. SATHISH, ADV. FOR
SRI. S. MAHESH, ADV. FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO
CALL FOR THE ENTIRE RECORDS PERTTAINING TO THE
CASE DATED 01.03.2010, VIDE ANENXURE-J BY THE R2
HEREIN AND QUASH THE ABOVE SAID ANNEXURE-J
HOLDING THE SAME IS ILLEGAL ARBITRARY AND
WITHOUT AUTHORITY OF LAW.
IN W.P. NO. 7496/2010
BETWEEN:
M.R. LALITHAMMA
W/O LATE GOPALACHAR
AGED ABOUT 52 YEARS
WORKING AS TAILORING
TRAINING TEACHER
CITY MUNICIPALITY
DAVANAGARE
R/AT NO.1776/43
SIDDAVEERAPPA EXTENSION
5TH MAIN ROAD
DAVANAGERE - 577 004
... PETITIONER
(BY SRI. SANTOSH M.G. ADV., FOR
SRI. P.H. VIRUPAKSHAIAH, ADV.)-
4
W.P. NO. 7495/2010
&
W.P. NO. 7496/2010
AND:
1. THE PRINICIPAL SECRETARY
HOUSING AND URBAN DEVELOPMENT
DEPARTMENT, M.S. BUILDING
BANGALORE - 560 001
2. THE DIRECTOR
MUNICIPAL ADMINISTRATION
VISWESHWARAYYA TOWER
VIDHANA VEEDHI
BANGALORE - 560 001
3. THE DEPUTY COMMISSIONER
(MUNICIPAL ADMINISTRATION)
DAVANGERE DISTRICT
DAVANGERE
4. THE MUNICIPAL COMMISSIONER
DAVANGERE CITY MUNICIPALITY
DAVANGERE
... RESPONDENTS
(BY: SMT. MANJULA R. KAMADALLI, HCGP FOR R1-R3,
SRI. K.R. SATHISH, ADV. FOR
SRI. S. MAHESH, ADV. FOR R4)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 & 227 OF THE CONSTITUTION OF
INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS
PERTTAINING TO THE CASE BEARING NO.PAUNI
SIBBANDI/SESA/CR/33/09-10 DATED 01.03.2010,
VIDE ANENXURE-G BY THE R2 HEREIN AND ISSUE
WRIT OF CERTIORARI OR ORDER OR ANY OTHER
WRIT IN THE SIMILAR NATURE QUASHING THE
ABOVE SAID ANNEXURE-G, HOLDING THE SAME IS
5
W.P. NO. 7495/2010
&
W.P. NO. 7496/2010
ILLEGAL, ARBITRARY AND WITHOUT AUTHORITY OF
LAW.
THESE PETITIONS COMING ON FOR HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner filed this writ petiton challenging the order at Annexure - J dated 01.10.2010 issued by the second respondent. After filing this writ petition, petitioner died and her legal representatives are brought on record.
2. Deceased petitioner claiming to be appointed as a tailoring training teacher on temporary basis from 01.04.1991 on a monthly salary of Rs.950/- per month in the fourth respondent Municipality. In this regard, the deceased petitioner filed a writ petition No.22654/1998 before this court seeking regularisation of her services. The said writ petition was allowed by order dated 28.02.2000 and directed the respondents to consider the case of the petitioner for regularisation of her services. However, the respondents despite of the 6 W.P. NO. 7495/2010 & W.P. NO. 7496/2010 order passed by this court, when they did not consider the case of the petitioner to regularise her services, petitioner submitted several representations. Now the deceased petitioner relying on the decision of the Apex Court has filed this writ petition inter-alia stating she had worked continuously for 19 years and she is qualified having qualification of SSLC and certificate of tailoring. Hence her services should be regularised.
3. During the pendency of the writ petition, petitioner died and her legal representatives were brought on record. Though the petitioners has produced Annexure-A to show that she was appointed as a tailoring training teacher. However, the Government order at Annexure-J clearly stipulate that the petitioner has not worked continuously for a period of 10 years and the post is not a sanctioned post.
4. In the light of the decision in the Umadevi's case, reported in 2006 4 SCC 1 between The Secretary, 7 W.P. NO. 7495/2010 & W.P. NO. 7496/2010 State of Karnataka Vs. Umadevi(3) and Others and in the decision of Apex Court reported in AIR 2010 SC 2587 in the matter of State of Karnataka and Others Vs. M.L. Kesari and Others, the deceased petitioner must have completed 10 years of service on daily wages as on 10.04.2006 and the post to which he or she was appointed was a sanctioned post and appointment must be against a clear vacancy and must be qualified to be appointed to the said post.
5. If the post itself is not a sanctioned post, the question of regularizing the services against no sanctioned post does not arise. Government taking into consideration all these circumstances, has held that the case of the petitioner does not fall within the parameters of the decision of the Apex Court in Umadevi's case, reported in 2006 4 SCC 1 between The Secretary, State of Karnataka Vs. Umadevi(3) and Others and the decision of Apex Court reported in AIR 2010 SC 2587 in the matter of State of Karnataka and Others Vs. M.L. 8 W.P. NO. 7495/2010 & W.P. NO. 7496/2010 Kesari and Others,. Having retard to the same, I find no ground to allow the writ petition. Accordingly, the writ petition stands dismissed.
In W.P. No. 7496/2010:
Even in this case also, the petitioner also claims to be working as a tailoring training teacher from 1986 on a monthly salary of Rs.1460/- per month. However, the endorsement of the Government discloses that it was not a sanctioned post as such the question of vacancy and qualification does not arises. Even in the writ petition no such material is produced to show that post was a sanctioned post. In the circumstances and for the reasons stated above, this writ petition also stands dismissed.
Sd/-
JUDGE Bsv