The State cannot deny regularization of long-serving temporary employees solely on the ground that their initial appointment was not against a sanctioned post, provided the work is permanent, continuous, and essential to the organization.

ORAL ORDER

1. The petitioners filed this writ petition seeking following prayer:

a) ISSUE a writ in the nature of certiorari quashing the impugned order bearing No.488324/DMA/EST2/DAWE/34/2021/5498 dated 6.11.2023 passed by the 2nd Respondent vide ANNEXURE-Z to the writ petition, under the facts and circumstances of the case;

b) ISSUE a writ in the nature of mandamus directing the Respondents to regularize the services of the Petitioners from the date on which the petitioners have completed 10 years of service in the office of the 4th Respondent and extend all other consequential monetary benefits, under the facts and circumstances of the case; and

c) Issue a writ in the nature of Mandamus directing to the Respondent No.1 and 2 to merge the service of the petitioner in Tumkuru Mahanagara Palike the date on which the service of the Petitioners merged in Tumkuru Muncipal Council from Mandal Panchayath has recommended by the 3rd Respondent vide Letter bearing No.DUDC/SIBBANDI/CR/109/2022-23 dated 14-07-2022 vide Annexure-Y2 under the facts and circumstance of the case.

d) ISSUE any other appropriate writ, order or orders or direction as this Hon'ble court may deems fit to grant under the facts and circumstances of the case, in the interests of justice.

2. Brief facts leading rise to the filing of this writ petition are as follows:

Petitioner No.1 was appointed as a Bill Collector by Kesaramadu Gram Panchayat of Tumkuru taluk under a resolution dated 16.09.1989. Petitioner No.2 was appointed as a Bill collector by Satyamangala Mandal Panchayat under a resolution dated 12.07.1995. Petitioner No.3 was appointed as a Bill collector by Melekote Mandal Panchayat under a resolution dated 16.08.1994.

2.1 Respondent No.1 vide notification dated 10.10.1995 has brought 22 villages of Tumkuru, Melekote, Kyatasandra, Heggere Gram Panchayat including the aforesaid Mandal Panchayat under the Tumkuru City Municipal Council and formed 35 wards. The fifth respondent addressed a communication to respondent No.3 by giving the names of 53 employees who are working in the Mandal Panchayath as Group C and Group D employees including the petitioners on 19.12.1996. Respondent No.4 vide communication dated 27.01.2007 addressed to respondent No.3 with his recommendation for regularisation of Group C and Group D employees including the petitioners. Respondent No.4 has regularised the services of 43 Group D employees and extended the pay scale attached to the said post. This court in WP No. 42085-42089 of 2011 issued a direction to the respondents to consider the case of the petitioners for regularisation in accordance with law.

2.2 Respondent No.5 has recommended the case of the petitioners for regularisation. Once again recommendation by the fifth respondent to his higher officers. The proceedings of the State level Committee regarding regularisation of the services of daily wage employees, that the case of the petitioners has been turned down on the ground that the petitioners were not working as against the sanctioned post. The petitioners approached this court in WP No.7083 of 2019 challenging the proceedings of the second respondent dated 27.02.2017. The said writ petition came to be allowed vide order dated 30.03.2023 and quashed the order of proceedings of respondent No.5 and directed the respondents to consider the claim of the petitioners in the light of the recommendation made by respondent No. 5. Respondent No. 3 rejected the claim of the petitioner for regularisation of their services without cons