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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
M.NAGAPRASANNA
Sharanayya Swamy S/o Ishwarayya Swamy – Appellant
Versus
State of Karnataka – Respondent
ORDER :
1. The petitioner is before this court seeking the following prayer:
A. A writ in the nature of certiorari or any other writ or direction in the nature of the writ to quash the Government order No. HFW 43 CGS 2013 Bengaluru dated 6.1.2022, passed by the first respondent, the copy of which has been produced herewith and marked as Annexure A.
B. Direction may kindly be issued to the respondents to regularise the service of the petitioner with effect from 5.5.2005, the date on which the petitioner has completed his ten years of service and to grant all the consequential benefits and also to pay all the arrears of the wages.
C. Any other writ or direction in the nature of writ which this Hon’ble court deems fit to grant in the facts and circumstances of the case may kindly be granted in favour of the petitioner along with cost of this petition in the ends of justice and equity.
2. Heard the learned counsel appearing for the petitioner and the learned HCGP for respondent Nos.1 to 6 and 8 and the counsel appearing for respondent No.9.
3. The petitioner is appointed as a driver in the District Blindness Control Society, Raichur, a society run by the Government of Karnataka. The claim of
Regularization of employees with irregular appointments who have served for a significant duration is constitutionally mandated when they fulfill essential duties, emphasizing equity and justice in p....
Long-standing service and fulfillment of criteria establish entitlement for regularization under service law, preventing arbitrary denial of rights.
Regularization of long-serving daily wage employees is mandated after 10 years of service, acknowledging functional continuity despite initial irregularities, violating constitutional rights otherwis....
Long-standing service without a formal appointment does not deny employees the right to regularization; discriminatory treatment of similarly situated employees violates principles of equity and fair....
Long-serving employees in essential roles are entitled to consideration for regularization despite initial irregular appointments, ensuring fairness and adherence to constitutional principles.
Long-term employees performing essential and continuous functions may claim regularization after a decade of service, despite previous procedural irregularities.
The court reaffirmed that long-serving employees, despite irregular appointments, are entitled to regularization, emphasizing the importance of continuity of service without considering minor lapses ....
Long-term employees, fulfilling essential duties, are entitled to regularization after 10 years of service despite irregular appointments, emphasizing fairness and preventing exploitation.
Continuous service exceeding ten years entitles the employee to consideration for regularization, requiring adherence to prior court directives and government orders.
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