Karnataka High Court
Sri. Harish. M vs State Of Karnataka on 25 April, 2017
Author: G.Narendar
Bench: G.Narendar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF APRIL, 2017
BEFORE
THE HON'BLE MR.JUSTICE G.NARENDAR
W. P. No.13811/2017
C/W
W.P. Nos.17052-78/2016
W.P. No.33201/2016 (S-REG)
IN W.P.No.13811/2017
BETWEEN
SRI. HARISH. M
S/O. MAHADEVA
AGED ABOUT 26 YEARS
WORKING AS ACCOUNTANT
CITY MUNICIPAL COUNCIL
CHALLAKERE
CHITRADURGA DISTRICT-577522 ... PETITIONER
(BY SRI. M. S. BHAGWAT-ADV)
AND
1. STATE OF KARNATAKA
DEPARTMENT OF
URBAN DEVELOPMENT
REPRESENTED BY
ITS PRINCIPAL SECRETARY
VIKASA SOUDHA
BANGALORE-560001
2. THE DIRECTOR OF
MUNICIPAL ADMINISTRATION
VISHWESHWARAIAH TOWER
DR. B.R. AMBEDKAR ROAD
BANGALORE-560001
3. KARNATAKA PUBLIC
SERVICE COMMISSION
2
REPRESENTED BY ITS SECRETARY
UDYOGA SOUDHA
BANGALORE-560001
4. THE DEPUTY COMMISSIONER
CHITRADURGA DISTRICT
CHITRADURGA-577501 .. RESPONDENTS
(BY SRI.E.S.INDIRESH-AGA FOR R1, R2 & R4;
SRI.REUBEN JACOB-ADV FOR R3)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENTS TO CONSIDER THE CASE OF THE
PETITIONER FOR REGULARIZATION AND REGULARIZE THE
SERVICES OF THE PETITIONER IN THE CADRE OF
ACCOUNTANT WITH EFFECT FROM THE DUE DATE AND
EXTEND ALL CONSEQUENTIAL BENEFITS TO THE
PETITIONER.
IN W.P. Nos.17052-78/2016
BETWEEN:
1. SMT. RANJITA N.PISE
D/O SARASWATI.N.PISE
AGED ABOUT 29 YEARS
WORKING AS ACCOUNTANT
TOWN PANCHAYAT, HONALLI
DAVANAGERE DISTRICT-577217
2. SMT.G.M.PREMA LEELA
D/O MAHALINGAPPA. G
AGED ABOUT 42 YEARS
WORKING AS ACCOUNTANT
TOWN MUNICIPAL COUNCIL
CHENNAGIRI
DAVANAGERE DISTRICT-577213
3. SRI.MAHANTHESH.M.G
S/O GURUBASAPPA.M
AGED ABOUT 30 YEARS
WORKING AS ACCOUNTANT
TOWN PANCHAYAT, JAGALUR
3
DAVANAGERE DISTRICT-577528
4. DR.HANUMESHI.V
S/O VENKATESH
AGED ABOUT 34 YEARS
WORKING AS ACCOUNTANT
TOWN MUNICIPAL COUNCIL
HARAPANAHALLI, DAVANAGERE DISTRICT-583131
5. SMT.LAKSHMI.M.R
W/O O.L.DHANAJAYA
AGED ABOUT 38 YEARS
WORKING AS ACCOUNTANT
TOWN PANCHAYAT, YELANDUR
CHAMARAJANAGARA DISTRICT-571313
6. SMT.L.S.ROOPA
W/O VISHWANATH.D.S
AGED ABOUT 32 YEARS
WORKING AS ACCOUNTANT
TOWN MUNCIPAL COUNCIL, KUNIGAL
TUMKUR DISTRICT-572130
7. SRI.SADANANDA.T
S/O RAMA SETTYGAR
AGED ABOUT 36 YEARS
WORKING AS ACCOUNTANT
TOWN PANCHAYAT, TURUVEKERE
TUMKUR DISTRICT-572227
8. SMT.PADMA.S.M
W/O MAHESH.M
AGED ABOUT 30 YEARS
WORKING AS ACCOUNTANT
TOWN MUNICIPAL CORPORATION
CHIKKANAYAKANAHALLI, TUMAKUR DISTRICT-5
9. MISS. SALMA KOUSAR
D/O RAHAMATHULLA
AGED ABOUT 28 YEARS
WORKING AS ACCOUNTANT
TOWN MUNICIPAL COUNCIL
MADHUGIRI, TUMAKUR DISTRICT-572132
4
10. SRI.PREETHAM.P.V
S/O VIKRAMADITYA.P.K
AGED ABOUT 31 YEARS
WORKING AS ACCOUNTANT
TOWN PANCHAYATH, GUBBI
TUMKUR -572216
11. SRI.HARISH
S/O HANUMANTHARAYAPPA
AGED ABOUT 32 YEARS
WORKING AS ACCOUNTANT
TOWN MUNICIPAL COUNCIL
PAVAGADA, TUMAKUR DISTRICT-5732116
12. MISS .SUSHMA
D/O SHRINIVASA
AGED ABOUT 29 YEARS
WORKING AS ACCOUNTANT
TOWN MUNICIPAL COROPRATION
BANTAWALA, DAKSHINA KANNADA
DISTRICT-574189
13. SRI.KIRAN LOYD MONTEIRO
S/O LATE ELIAS MONTERIO
AGED ABOUT 29 YEARS
WORKING AS ACCOUONTANT
MANGALORE CITY CORPORATION
MANGALORE-575003
14. SMT.JOSHMA JUDY DSOUZA
W/O MELWYN KIRAN MONTEIRO
AGED ABOUT 29 YEARS
WORKING AS ACCOUNTANT
MANGALORE CITY CORPORATION
MANGALORE-575003
15. SMT.AMITHA
W/O SADANANDA
AGED ABOUT 29 YEARS
WORKING AS ACCOUONTANT
MANGALORE CITY CORPORATION
MANGALORE-575003
5
16. SRI.RAMESH GOWDA.P
S/O LATE KARIYA GOWDA
AGED ABOUT 43 YEARS
WORKING AS ACCOUNTANT
TOWN PANCHAYAT, SULYA
DAKSHINA KANNADA DISTRICT-574239
17. SMT.ANURADHA.M.V
W/O M.N.SRIDHAR
AGED ABOUT 31 YEARS
WORKING AS ACCOUNTANT
TOWN PANCHAYAT, NAGAMANGALA
MANDYA-571432
18. MISS.BHAVANA.P.N
D/O LATE NATRAJ.P
AGED ABOUT 36 YEARS
WORKING AS ACCOUNTANT
TOWN PANCHAYAT, SOMWARPET
KODAGU DISTRICT-571236
19. SRI.PARAMESHU.M.K
S/O M.J. KRISHNAIAH
AGED ABOUT 30 YEARS
WORKING AS ACCOUNTANT
TOWN PANCHAYAT, H. D. KOTE
MYSORE DISTRICT-571114
20. SRI.VINAY KUMAR M.K
S/O KESHAV MURTHY M.V
AGED ABOUT 30 YEARS
WORKING AS ACCOUNTANT
TOWN MUNICIPAL COUNICL
T. NARASIPURA MYSORE DISTRICT-571124
21. SRI.PRADEEP.T.G
S/O GOVINDE GOWDA T.S
AGED ABOUT 29 YEARS
WORKING AS ACCOUNTANT
TOWN MUNICIPAL COUNCIL
PERIYAPATANA
MYSORE DISTRICT-571107
6
22. SMT.SOUMYA S.
W/O LOHIT B.M
AGED ABOUT 30 YEARS
WORKING AS ACCOUNTANT
TOWN PANCHAYATH
SARGUR, MYSORE DISTRICT-571121
23. SRI.VENKATACHALAIAH B.
S/O BALAIAH
AGED ABOUT 25 YEARS
WORKING AS ACCOUNTANT
CITY MUNICIPAL COUNCIL
CHINTAMIANI
CHIKKABALLAPUR DISTRICT-563125
24. SRI.R.SRIDHAR
S/O K.C.RAMAKRISHNAPPA
AGED ABOUT 33 YEARS
WORKING AS ACCOUNTANT
TOWN MUNICIPAL COUNCIL
BAGEPALLI
CHIKKABALLAPUR DISTRICT-561207
25. SRI.JAYARAMA K.M
S/O MUNIRAJAPPA
AGED ABOUT 32 YEARS
WORKING AS ACCOUNTANT
TOWN PANCHAYAT, GUDIBANDE
CHIKKABALLAPUR DISTRICT-561209
26. SMT.K.N.RAJALAKSHMI
W/O K.S.ASHWATH
AGED ABOUT 39 YEARS
WORKING AS ACCOUNTANT
TOWN PANCHAYAT, ALUR, HASSAN DISTRICT-573213
27. SRI.SANTHOSH.G
S/O GANESH RAO KAMBLE
AGED ABOUT 30 YEARS
WORKING AS ACCOUNTANT
TOWN MUNICIPAL COUNCIL, HOSADURGA,
CHITRADURGA DIST. 577527 ... PETITIONERS
(BY SRI.M.S.BHAGWAT-ADV)
7
AND
1. STATE OF KARNATAKA
DEPERTMENT OF URBAN DEVELOPMENT
REP BY ITS PRINCIPAL SECRETARY
VIKASA SOUDHA, BANGALORE-560001
2. DIRECTOR OF MUNICIPAL ADMINISTRATION
1-4, IT PARK, VI FLOOR,
RAJAJINAGAR INDUSTRIAL ESTATE
BANGALORE-560044
3. KARNATAKA PUBLIC SERVICE COMMISSION
REP BY ITS SECRETARY
UDYOGA SOUDHA
BANGALORE-560001
4. THE DEPUTY COMMISSIONER
DAVANAGERE DISTRICT
DAVANAGERE-577001
5. THE DEPUTY COMMISSIONER
CHAMARAJANAGARA DISTRICT
CHAMARAJANAGARA-571400
6. THE DEPUTY COMMISSIONER
TUMKUR DISTRICT
TUMKUR-572101
7. THE DEPUTY COMMISSIONER
DAKSHINA KANNADA DISTRICT
DAKSHINA KANNADA-574217
8. THE COMMISSISSIONER
MANGALORE CITY CORPORATION
MANGALORE-575001
9. THE DEPUTY COMMISSIONER
MANDYA DISTRICT
MANDYA-571401
8
10. THE DEPUTY COMMISSIONER
KODAGU DISTRICT
KODAGU-571236
11. THE DEPUTY COMMISSIONER
MYSORE DISTRICT
MYSORE-570001
12. THE DEPUTY COMMISSIONER
CHIKKABALLAPUR DISTRICT
CHIKKABALLAPUR-561207
13. THE DEPUTY COMMISSIONER
HASSAN DISTRICT
HASSAN-573201
14. THE DEPUTY COMMISSIONER
CHIRTADURGA DISTRICT
CHIRTADURGA-577527 ... RESPONDENTS
( BY SRI.E. S. INDIRESH AGA FOR R1, R2, R4,R7,R9 TO R15,
SRI.REUBEN JACOB ADV FOR R3, SRI. NARASIMAN ADV FOR
R8)
THESE WPs ARE FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENTS TO REGULARIZE THE SERVICE OF THESE
PETITIONERS IN THE CADRE OF ACCOUNTANT WITH EFFECT
FROM THE DUE DATE AND EXTEND ALL CONSEQUENTIAL
BENEFITS TO THE PETITIONERS, INCLUDING MONETARY
BENEFITS.
IN W.P. No.33201/2016
BETWEEN:
SMT. H. V. VIMALA
W/O A.P. SHANKAR
AGED ABOUT 33 YEARS
WORKING AS ACCOUNTANT
PATTANA PANCHAYATH
ARKALGUD, HASSAN DISTRICT
R/AT KANAKANAGARA PETE
ARAKALGUD, HASSAN DISTRICT-573102. ... PETITIONER
(BY SRI. M.S. BHAGWAT-ADV)
9
AND
1. THE STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT
REP BY ITS PRINCIPAL SECRETARY
VIKASA SOUDHA
BANGALORE-560001.
2. DIRECTOR OF MUNICIPAL ADMINISTRATION
1-4, I.T. PARK, 6TH FLOOR
INDUSTRIAL ESTATE
RAJAJINAGAR
BANGALORE-560044.
3. DEPUTY COMMISSIONER
HASSAN DISTRICT
HASSAN-573201.
4. KARNATAKA PUBLIC SERVICE COMMISSION
REP BY ITS SECRETARY
UDYOGA SOUDHA
BANGALORE-560 001. ... RESPONDENTS
( BY SRI. E.S. INDIRESH AGA FOR R1 TO R3, SRI REUBEN
ADV FOR R4)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENTS TO REGULARIZE THE SERVICE OF THE
PETITIONER IN THE CADRE OF ACCOUNTANT WITH EFFECT
FROM THE DUE DATE AND EXTEND ALL CONSEQUENTIAL
BENEFITS TO THE PETITIONER, INCLUDING MONETARY
BENEFITS.
THESE WPs COMING ON FOR PRELIMINARY HEARING-
B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
10
ORDER
Heard the learned counsel for the petitioners and the learned AGA.
2. After arguing the matter for some time, the learned counsels would fairly submit that the writ petitions could be disposed of in terms of the order passed in W.P.No.103135/206 dated 20.2.2017 as the petitioners herein are also similarly situated as the petitioners in the writ petition cited above and hence the writ petitions could be disposed of in similar terms.
3. The facts in brief are that the petitioners are working as Accountants on contract basis for the last several years and that they preferred applications for regularization of their services, as the respondent/Management had regularized the services of certain other individuals on 3.1.2005. The learned counsel for the petitioners would submit that the petitioners would restrict the prayer/relief sought for in the writ petitions for a direction to respondent No.2 to consider the case of the petitioners for regularisation.
11
4. Having heard the learned counsel for the petitioners and the learned AGA and keeping in view the order passed by this Court in similar matters i.e. in W.P.Nos.47587-91/2012 disposed of on 16.1.2015 and the order passed by this Court in W.P.No.10315/2015 and connected matters, these writ petitions are disposed of with a direction to the second respondent to consider the case of the petitioners for regularization. Such consideration shall be within an outer limit of six months from today. Till such consideration, the services of the petitioners shall not be disturbed. All contentions are kept open.
Writ petitions stand disposed of accordingly.
Sd/-
JUDGE rs