IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
H.T. NARENDRA PRASAD, K.V. ARAVIND, JJ.
The Karnataka Power Transmission Corporation Limited & Ors. - Appellants
Versus
Sri Andanswamy, S/o. Siddalingayya - Respondent
Writ Appeal No.200147 of 2022 (S-REG) C/W Writ Appeal No.200006 of 2019 (S-REG), Writ Appeal No.200072 of 2022 (S-REG), Writ Appeal No.200074 of 2022 (S-REG), Writ Appeal No.200090 of 2022 (S-REG), Writ Appeal No.200091 of 2022 (S-REG), Writ Appeal No.200112 of 2022 (S-REG), Writ Appeal No.200144 of 2022 (S-RES), Writ Appeal No.200156 of 2022 (S-REG), Writ Appeal No.200160 of 2022 (S-REG), Writ Appeal No.200179 of 2022 (S-REG)
Decided On : 25-06-2024
| Table of Content |
|---|
| 1. facts of appointment and regularization. (Para 5) |
| 2. arguments on temporary versus permanent employment. (Para 6 , 7) |
| 3. arguments for and against regularization based on employee status. (Para 9) |
| 4. court's observations on petitioners' service continuity. (Para 10 , 11 , 12 , 13) |
| 5. regularization issues under article 226. (Para 14 , 15 , 16 , 17 , 18) |
| 6. discrimination and expectation of regularization. (Para 19 , 20 , 21 , 22 , 23) |
| 7. legal principles of regularization. (Para 24 , 25 , 26) |
| 8. equality and entitlement to benefits. (Para 27 , 28 , 29 , 30) |
| 9. previous case precedents and their relevance. (Para 31 , 32 , 33 , 34) |
| 10. temporarily appointed employees and regularization context. (Para 35 , 36 , 37 , 38) |
| 11. relevance of contractual employment in regularization. (Para 39 , 40 , 41 , 42) |
| 12. legitimate expectation and exploitation in employment. (Para 43) |
| 13. court's order on appeals and regularization. (Para 44 , 45) |
JUDGMENT :
K.V. Aravind, J.
These appeals under Section 4 of the Karnataka High Court Act, 1961, against the order passed by learned single Judge in the respective writ petitions.
2. The Karnataka Power Transmission Corporation Limited and other Electricity Supply Companies have preferred Writ Appeal Nos.200072/2022, 200074/2022, 200090/2022, 200091/2022, 200112/2022, 2000144/2022 against the order in W.P.No.201565/2018 and connected matters, dated 30.11.2021; Writ Appeal Nos.200147/2022, 200160/2022 against the order in W.P.No.200099/2018 c/w 205105/2018, dated 27.06.2022; Writ Appeal No.200156/2022 against the order in W.P.No.202822/2019, dated 21.06.2022; and Writ Appeal No.200179/2022 against the order in W.P.No.204622/2018, dated 06.12.2021.
The employees have preferred Writ Appeal No.200006/2019 against the order in W.P.Nos.200763/2016 and 200848-857/2016, dated 13.03.2018.
3. The parties are referred as per their ranks in their respective writ petitions for convenience.
4. The issues involved in all the appeals are similar and hence, they are heard together and disposed of by this common judgment.
Brief facts:
5. The petitioners claim that they were appointed on ad hoc, contract or temporary basis against the permanent vacancies and as per the roster. The petitioners were appointed as Ledger Maintenance / Junior Assistance, Meter reading workers and Helpers from 1998-2000. The petitioners contended that their contract was extended till 2008. It is the case of the petitioners that they were appointed after an interview and considering the roster, age, marks scored in the qualifying examinations and performance in the interview, the work entrusted to the petitioners was permanent. While the petitioners were in service, respondents were informed that their services would be regularized in due course and placed on par with permanent employees with all applicable benefits. The respondents on selective basis confirmed permanent status to the other temporary or ad hoc employees. In view of the disparity, petitioners requested the respondents to regularize their services on par with others. Due to inaction of the respondents, few of the petitioners approached this Court in W.P.Nos.85580-596/2012 wherein, the respondents were directed to consider the request of the petitioners. The directions in WP.Nos.85580-596/2012 resulted in endorsement dated 04.07.2015 refusing to regularize their services.
5.1 The writ petitions by the petitioners challenging the said endorsement dated 04.07.2015.
5.2 The learned Single Judge by holding that similarly situated employees who were appointed on ad hoc or temporary basis have been regularized, applying the rule of parity, directed the respondents to regularize the petitioners from the date when completed 10 years of service and to provide continuity of service and consequential benefits. However, denied back wages.
5.3 We have heard Sri. S.S. Naganand, learned Senior counsel appearing for Sri. Sudharshan M., learned counsel for the appellants-Corporation. Sri. P. Vilas Kum
Union of India and another vs. Arulmozhi Iniarasu and others reported in (2011) 7 SCC 397
State of Tamil Nadu and another vs. A. Singamuthu reported in (2017) 4 SCC 113
Dr. Vijay Laxmi Sadho vs. Jagdish reported in (2001) 2 SCC 247
Union of India and others vs. Vartak Labour Union reported in (2011) 4 SCC 200
P.S. Sadasivaswamy vs. State of Tamil Nadu reported in (1975) 1 SCC 152
Vijay Kumar Kaul and others vs. Union of India and others reported in (2012) 7 SCC 610
Jagtar Singh alias Jagdev Singh vs. Sanjeev Kumar and others
Smt. Maneka Gandhi vs. Union of India and another reported in AIR 1978 SC 597
Sheo Narian Nagar and others vs. State of Uttar Pradesh and another reported in AIR 2018 SC 233
Union of India and others vs. N. Murugesan and others reported in (2022) 2 SCC 25
S.S. Anand and others vs. The Management of Mahatma Gandhi Vidya Peeta (Regd.)
S.S. Balu and another vs. State of Kerala and others reported in (2009) 2 SCC 479
The court emphasizes that regularization of temporary employees must adhere to principles of equality and fairness, ensuring parity in treatment for similarly situated employees.
The court ruled that employees employed for lengthy periods cannot be denied regularization of service, emphasizing principles of fairness and equality under the Constitution.
Point of law: Service Law - Contractual employment - Regularization of Service - Having applied for appointment to various posts pursuant to a notification of 2019 and being unsuccessful (except one ....
Appointments not being sponsored by the employment exchange, as prescribed under Rule 149(2) of the Rules, would only make the appointments irregular and not illegal.
Regularization of services for employees who have served for over ten years is a right that must be considered by the state, provided there are no valid objections, and the state must adhere to its o....
Contractual employees cannot claim regularization as a matter of right; their employment is project-based and temporary, governed by specific contractual terms.
Long-standing casual workers may be entitled to regularization under policies issued by the State if they meet duration and vacancy requirements, highlighting protection against arbitrary dismissals.
Temporary or casual employment does not confer legal rights to regularization; adherence to proper recruitment processes is mandatory for permanent appointments.
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