IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
M.NAGAPRASANNA
Nanda Baburao Mattalle – Appellant
Versus
State Of Karnataka, Represented By Its Secretary To Government, Department Of Urban Development – Respondent
ORDER :
M. NAGAPRASANNA, J.
1. The petitioner is before this Court seeking the following prayer:
A. Issue a Writ in the nature of mandamus directing respondents to regularize the service of the petitioner from the date on which she completed ten years of Continuous service with all consequential benefits to meet the ends of justice.
B. Pass any other appropriate order/s as this Hon’ble Curt deems fit in view of the above narrated facts and grounds to meet the ends of justice.
2. Heard learned counsel Sri. Chetan T. Limbikar for the petitioner, learned HCGP Smt. Girija s. Hiremath for respondent Nos.1, 2 and 4 and learned Counsel Smt. Vaibhavi Inamdhar learned counsel for respondent No.3.
3. The petitioner is said to have been appointed on 01.06.1995 as Balawadi teacher and later was appointed as ‘sewing teacher’ with effect from 22.10.1999. It is the claim of the petitioner that the petitioner has been working since then without any break and has completed more than 10 years of service as on the date of the judgment of the Apex Court in the case of Secretary, State of Karnataka v. Umadevi , (2006) 4 SCC 1 . The cut off date fixed by the Apex Court in the said judgment was on the date of
Secretary, State of Karnataka v. Umadevi
NARENDRA KUMAR TIWARI v. STATE OF JHARKHAND
SHEO NARAIN NAGAR v. STATE OF U.P.
CHANDER MOHAN NEGI v. STATE OF H.P.
Long-term employees, fulfilling essential duties, are entitled to regularization after 10 years of service despite irregular appointments, emphasizing fairness and preventing exploitation.
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....
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-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.
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....
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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