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IN THE HIGH COURT OF KARNATAKA AT DHARWAD
M.NAGAPRASANNA
Shankaragouda S/o Rayanagouda Patil – Appellant
Versus
State of Karnataka – Respondent
ORDER :
1. The petitioner is before this Court seeking the following prayer:
I. A writ in the nature of certiorari to quash the impugned endorsement dated 29.09.2015, bearing no.12123/DMA/DDWE/2015-16, vide Annexure-D, issued by the Respondent No. 3.
II. A writ in the nature of mandamus directing the respondent no. 1 to 4 to regularise the petitioner service as per orders dated 30.03.2007 and 07.07.2007, orders bearing no. POUni/Sibbandi/Dinaguli/Sakrama/CR.No.84/06/07, vide Annexures - E, F, G, H and J, passed by the respondent No.3, as per Umadevi case, reported in AIR 2006 SC 1806 III. Issue any other writ or direction, which this Hon’ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity.
2. Heard the learned counsel Sri. Hemanthkumar L. Havaragi, appearing for the petitioner, the learned HCGP for respondent Nos.1 to 4 and the learned counsel Sri. Sadiq N. Goodwala for respondent No.5.
3. Facts adumbrated are as follows.
4. The petitioner is appointed as a Sanitary Inspector in the Town Municipal Council, Athani pursuant to a resolution of the Council, owing to a vacancy that existed in the Municipality of the post of Sanitary Inspect
Long-serving employees in essential roles are entitled to consideration for regularization despite initial irregular appointments, ensuring fairness and adherence to constitutional principles.
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-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....
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 ....
Continuous service exceeding ten years entitles the employee to consideration for regularization, requiring adherence to prior court directives and government orders.
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.
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