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IN THE HIGH COURT OF KARNATAKA AT DHARWAD
M.NAGAPRASANNA
Namita N. Samant, W/o. Sachin Chandgadkar – Appellant
Versus
State Of Karnataka, Department Of Higher Education, Collegiate Education, Through Its Under Secretary – Respondent
ORDER :
M. NAGAPRASANNA, J.
1. The petitioner is before this Court seeking the following prayer.
A. Issue a writ of certiorari quashing the communication dated 07.11.2024 issued by the 3rd respondent which is produced at Annexure-C;
B. Issue a writ of mandamus directing the respondent no.1 to 3 to consider the representation dated 10.03.2025 which is produced at Annexure-D and grant regularization of the petitioner’s service for the post of librarian, taking into account her long tenure and eligibility;
C. Pass such other writ or order or direction as deemed fit in the interest of justice and equity.
2. Heard the learned counsel Ms. Gayatri S.R. appearing for the petitioner, learned AGA Smt. Girija S. Hiremath representing respondent Nos.1 to 3 and Smt. Chetana S. Biraj for respondent No.4.
3. Facts in brief germane are as follows.
The petitioner is appointed as a clerk cum typist on 01.01.2001 at the South Konkan Society's G.S. Sai College, Belgavi. It transpires later the petitioner on acquisition of the requisite qualification in Library Sciences is appointed as a Librarian. In the interregnum it transpires that the notification was issued, but there was no selection process initiated.
4
Long-term service in sanctioned positions can warrant regularization despite age limitations in recruitment, emphasizing continuity and eligibility for qualified employees.
Longstanding service in public roles warrants regularisation and cannot be arbitrarily denied based on technicalities; constitutional principles require fair treatment of employees.
Long-term employees performing essential and continuous functions may claim regularization after a decade of service, despite previous procedural irregularities.
Continuous service exceeding ten years entitles the employee to consideration for regularization, requiring adherence to prior court directives and government orders.
Long-term employees engaged in continuous service are entitled to regularization and benefits even post-retirement if their claims remain pending during their service, subject to compliance with appl....
Long-standing service and fulfillment of criteria establish entitlement for regularization under service law, preventing arbitrary denial of rights.
Long-term employees, fulfilling essential duties, are entitled to regularization after 10 years of service despite irregular appointments, emphasizing fairness and preventing exploitation.
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