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2002 Supreme(Kar) 694

P.VISHWANATHA SHETTY
JAYASHREE NAYAK – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
A.R.Holla, L.K.Srinivasa Murthy

P. VISHWANATHA SHETTY, J.

( 1 ) IN this petition, the petitioner who was appointed as a Physical Culture instructor in the 5th respondent-College has sought for a direction to regularise her services as a Lecturer in the 5th respondent-College.

( 2 ) A few facts which are not in serious dispute may be stated as hereunder: the petitioner was appointed as a Physical Culture Instructor on llth September, 1989. She continued in that position till 31st March, 2002 and her appointment was being renewed on contract basis every year and she was being paid a sum of Rs. 1,040/- p. m. A fresh option was given to the petitioner to continue her service on contract basis by means of communication dated 29th June, 2001, a copy of which has been produced as Annexure-C. Subsequent to the communication (Annexure-C) dated 29th June, 2001, during the term of her appointment as per Annexure-C the petitioner was paid a sum of Rs. 6,000/- p. m. as her salary. In the appeal filed by the petitioner before the 2nd respondent seeking for regularisation of her service as a Lecturer in the light of the judgment of the Hon'ble Supreme Court in the case of Karnataka State private College Stopgap Lecturers Associa












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