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SHANKAR GANAPATHI PANDIT
Sundara – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
Shankar Ganapathi Pandit, J. - In W.P. No. 45569/2018, the petitioner is before this Court under Article 226 of the Constitution of India praying for a writ of certiorari to quash the endorsement bearing No. dated 26.07.2018 (Annexure-G) by which, the petitioner's request for regularization of his service as Physical Education Teacher in 4th respondent-College is rejected by the second respondent and for a further direction to the respondents to consider the case of the petitioner for regularization on completion of 10 years of service on par with that of the Karnataka Civil Services (Absorption of Persons Working on Part-Time Lecturers in the Karnataka General Services) (Department of Pre-University Education) (Special), Rules 2011 (for short "2011 Rules") and further to direct the respondents to consider the case of the petitioner either in Pre-University College or in Degree College in the same Institute as Physical Education Teacher; and also for a direction to extend equal pay for equal work on the basis of principles of Article 39(D) of the Constitution of India and as held by the Hon'ble Apex Court in the case of State Of Punjab v/s. Jagjit Singh reported in AIR 2016
Long service on a contractual basis does not confer a right to regularization or equal pay as per established legal principles.
The main legal point established in the judgment is that the petitioner's long service as a Trained Graduate Teacher against a substantive vacant post and the Government's decision to declare the non....
Regularization of part-time employees must adhere to the principles of regular appointment and cannot be granted as a back-door entry.
Point of law : The one-time exercise should consider all daily-wage/ad-hoc/casual employees who had put in 10 years of continuous service as on 10-4-2006 without availing the protection of any interi....
Part-time employees cannot claim regularization or a permanent position without a sanctioned post, as established by the court's ruling.
Since there are no sanctioned posts on which any of these petitioners were appointed as irregular appointments, no such directions are warranted.
Prolonged service of over ten years without legal hindrance can qualify employees for regularization, regardless of the initial nature of their appointments.
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