IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ASHOK S.KINAGI
Venkatesh Ramanna Valmiki, S/o. Ramanna Valmiki – Appellant
Versus
State Of Karnataka, Represented By Chief Secretary – Respondent
ORDER :
ASHOK S.KINAGI, J.
1. The petitioners have filed this Writ Petition, seeking for the following reliefs:
(I) quash the endorsement dated 28.03.2016 vide Annexure "AG" issued by respondent No.3 as violative of the orders passed by this Hon'ble Court in Writ Petition Nos.42116-42253 of 2001 dated 03.12.2001 vide Annexure "B" and the order of Hon'ble Supreme Court in SLP No.9573 of 2007 dated 07.03.2014.
(II) direct the respondents to consider the cases of petitioners and to regularise the services of the petitioners on completion of 10 years based on the clarification issued by the Hon'ble Apex Court on 07.03.2014 in the case of Malthi Das (retired) now P.B.Mahishy and others vs. Suresh & others, which is reported in (2014) 13 SCC 249
(III) direct the respondent to extend all consequential benefits such as difference of salary increment and fixation of salary on regularisation of service upon completion of 10 years of service."
2. Brief facts leading rise to the filing of this Writ Petition are as follows:
3. The petitioners are working on a daily basis, and they have completed more than 25 to 32 years of service as of now. Most of the petitioners approached this Court by filing writ
Continuous long service in essential roles grants employees the right to regularization despite initial contractual labels, promoting equity in employment practices.
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....
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-term employees performing essential and continuous functions may claim regularization after a decade of service, despite previous procedural irregularities.
Long-serving employees in essential roles are entitled to consideration for regularization despite initial irregular appointments, ensuring fairness and adherence to constitutional principles.
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.
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