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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
| Table of Content |
|---|
| 1. overview of petitioner's request and service history. (Para 1 , 3 , 4) |
| 2. arguments regarding eligibility for regularization. (Para 5 , 6 , 7) |
| 3. court's examination of petitioner's service duration. (Para 8 , 9) |
| 4. conditions for regularization as per government orders. (Para 10 , 11) |
| 5. judicial precedents influencing regularization criteria. (Para 12) |
| 6. order to consider regularization within set timeframe. (Para 13) |
| 7. final decision on petitioner's regularization entitlements. (Para 14) |
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
Long-standing service and fulfillment of criteria establish entitlement for regularization under service law, preventing arbitrary denial of rights.
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 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.
Continuous service exceeding ten years entitles the employee to consideration for regularization, requiring adherence to prior court directives and government orders.
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 ....
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