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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
M.NAGAPRASANNA
Sukanand, S/o. Dondiba Jadhav – Appellant
Versus
State Of Karnataka, Represented By Under Secretary, Department Of Urban Development – Respondent
ORDER :
M. NAGAPRASANNA, J.
1. The petitioner is before this Court seeking the following prayer:
a. “A writ in the nature of certiorari to quash the impugned Government order No.NAE/118/MLR/2023 dated. 26-01-2024 passed by the 1st respondent vide ANNEXURE-N.
b. A writ in the nature of Mandamus directs the Respondents No.1 to regularize the service of the petitioner with all consequential benefits in the light of the proposal dated 26.06.2013 made by the 2nd respondent under no. POUNIL/SIBBANDI/ABHI/CR/18/13-14 vide ANNEXURE-‘F’.
c. Any other writ or direction from this Hon’ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity.”
2. Heard Sri H. M. Dharigond, learned counsel for the petitioner, and Smt. Girija S. Hiremath, learned HCGP for respondent Nos. 1 to 4.
3. The brief facts germane to the case are as follows:
4. The petitioner was appointed as a Junior Engineer under the respondent-authority on 09.01.1990 on a daily-wage basis against a sanctioned vacant post. It transpires that the petitioner has been working continuously from 09.01.1990 till date. However, his services have not been regularised despite several representations submi
Long-standing service and fulfillment of criteria establish entitlement for regularization under service law, preventing arbitrary denial of rights.
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.
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-term employees performing essential and continuous functions may claim regularization after a decade of service, despite previous procedural irregularities.
Long-term employees, fulfilling essential duties, are entitled to regularization after 10 years of service despite irregular appointments, emphasizing fairness and preventing exploitation.
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 ....
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 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....
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