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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ASHOK S.KINAGI
Venugopal. P., S/o. C.R. Parameshwar – Appellant
Versus
Principal Secretary, Government Of Karnataka, Represented By Its Secretary – Respondent
| Table of Content |
|---|
| 1. petitioners seek regularization of service. (Para 1 , 2) |
| 2. court hears arguments from both parties. (Para 3) |
| 3. arguments on entitlement to regularization. (Para 4 , 5) |
| 4. court reviews case records and submissions. (Para 6 , 7) |
| 5. court identifies compliance issues and orders. (Para 8 , 9) |
| 6. court's order to allow writ petitions. (Para 10) |
ORDER :
ASHOK S.KINAGI, J.
1. The petitioners have filed these writ petitions seeking for the following reliefs:
In WP No. 13606/2023
“a) quash the endorsement issued by the Respondent No.2 bearing No.R/Rect/ casual/Labours/ Endorsement/ 2022-23 dated 31/03/2023 vide Annexure-O, by issue of writ of certiorari,
b) To issue writ of mandamus, directing the Respondents authority to consider representation dated 10/04/2023 made by the Petitioners vide Annexure-P, to regularize their services in permanent nature with all consequential benefits such as pension, arrears of salary and other monetary benefits to the Petitioners.
c) To issue writ of mandamus, directing the Respondents authorities to obey the Hon’ble High Court order dated 30/09/2022 passed in WP No.7633/2022 (S-RES) vide Annexure-M,
d) issue any appropriate writ, order or direction
The court affirmed the principle of parity in treatment of similarly situated employees and mandated regularization in compliance with prior directives.
The court recognized the legal obligation of the respondent to consider the regularization requests of employees with over 10 years of service and emphasized adherence to established legal precedents....
The acceptance of a regularization condition precludes the claim for retrospective appointment.
The main legal point established in the judgment is that the regularisation of service could only be from the date of the petitioners' appointment in regular service i.e., 03.10.2012, and not from th....
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