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IN THE HIGH COURT OF KARNATAKA AT KALABURAGI BENCH
H.P.SANDESH, T.M.NADAF
State of Karnataka – Appellant
Versus
Ashok Kumar S/o Late Bankatsingh – Respondent
ORDER :
1. Writ Petition is filed by the State under Article 226 of Constitution of India, calling in question the order dated 05.06.2020 in application No.2046/2017 passed by Karnataka State Administrative Tribunal, Kalaburgi, whereby the Tribunal allowed the application and directed the respondents to consider the case of the applicant for regularization of his service as considered to the co-officials as per the Official Memorandum dated 19.04.2006 and grant all consequential benefits within a period of four months from the date of receipt of copy of this order.
2. The parties shall be referred to as per their rankings before the Tribunal for easy reference.
3. A brief outline of the facts leading to filing of the present petition are as under:
The name applicant/private respondent herein has been sponsored by the District Employment Exchange Office (Annexure-A1) and directed respondent No.5 to interview for the post of ‘D’ group employment. The respondent No.4 has conducted interview and appointed applicant to the post of peon as per order dated 01.09.1987 (Annexure-A2). Subsequently, the services of the applicant has been continued in the Health Department as group ‘D’ group emplo
The authorities must extend benefits of regularization to similarly situated individuals, adhering to principles of equality and prior judicial decisions.
The court confirms that similarly situated individuals must receive equal treatment per Article 14 of the Constitution.
Delay in seeking regularisation can undermine entitlement to benefits when claimants accept prior advantages and do not act in a timely manner.
The court emphasized that procedural fairness and equality must prevail in administrative decisions, particularly regarding labor regularization, highlighting that technical grounds cannot overshadow....
The court ruled that employees employed for lengthy periods cannot be denied regularization of service, emphasizing principles of fairness and equality under the Constitution.
The court affirmed that irregular appointments can be considered for regularization based on length of service, regardless of procedural delays, emphasizing fairness and equitable treatment in public....
Long-term, continuous service in sanctioned posts must be considered for regularisation as per judicial precedents, regardless of procedural irregularities.
The power of relaxation should be exercised judiciously and not in a routine manner, and regularization and permanent absorption should only be made if the appointments are made in accordance with th....
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