Back
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ASHOK S.KINAGI
G.R. Devendrappa S/o Rangappa – Appellant
Versus
State Of Karnataka – Respondent
| Table of Content |
|---|
| 1. petition filed seeking writ of certiorari. (Para 1) |
| 2. petitioner's appointment and service details. (Para 2 , 3 , 8) |
| 3. court's observation regarding the parties' submissions. (Para 4 , 7) |
| 4. arguments in favor of petitioner's regularization. (Para 5) |
| 5. arguments opposing the regularization of the petitioner. (Para 6) |
| 6. legal analysis on educational qualifications. (Para 10 , 11) |
| 7. court's final order regarding regularization. (Para 12) |
ORDER :
ASHOK S.KINAGI, J.
The petitioner filed this petition seeking the following relief:
“issue writ of certiorari by quashing the impugned endorsement dtd: 19-06-2023 passed by The Respondent No.2 in No:ZIPAMCHI/Aa(15)/CR-01/2006-07 dtd: 19-06-2023 as per vide Annexure-X and to pass necessary orders regularizing the services of the petitioner from the date on which he had become eligible for regularization in the post held by him and to grant all service benefits attached to the said posts and etc., and pass such other orders as deems fit by this Hon'ble Court in the facts and circumstances of the case to meet the ends of justice and equity.”
2. Brief facts leading rise to the filing of this petition are as follows:
2.1. The petitione
Regularization of services must be based on qualifications required at the time of appointment, and subsequent changes in rules cannot be applied retroactively to deny established rights.
Regularization of service for daily wage employees must adhere to principles of equality and previous judicial decisions supporting entitlement after sufficient service, regardless of breaks.
The court affirmed the principle of parity in treatment of similarly situated employees and mandated regularization in compliance with prior directives.
The length of service, availability of sanctioned posts, and additional duties performed by employees can be considered in the regularization of temporary positions.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
