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H. T. NARENDRA PRASAD, K. V. ARAVIND
Karnataka Power Transmission Corporation Limited – Appellant
Versus
Andanswamy, S/o. Siddalingayya – Respondent
| 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 Electri
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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