Case Note & Summary
The petitioners, legal heirs of late Ningappa Badiger, filed a writ petition under Article 226 of the Constitution of India seeking regularization of the services of the deceased and compassionate appointment for the second petitioner. The deceased was a daily wage employee of the Bankapura Town Municipal Council. The petitioners claimed that the deceased had worked for a long period and was entitled to regularization. The respondents opposed the petition, stating that the deceased was a daily wage employee, not appointed through proper channel, and there were no sanctioned posts. The court examined the facts and found that the deceased had not worked for 240 days in a year continuously, his appointment was not in accordance with recruitment rules, and there were no sanctioned posts. The court also noted that the claim for compassionate appointment was made after a long delay. Relying on settled principles of service law, the court held that regularization cannot be granted without fulfilling the conditions of continuous service, proper appointment, and existence of sanctioned posts. Compassionate appointment is not a matter of right and cannot be claimed after a long delay. The court dismissed the petition, upholding the endorsement dated 06.10.2020 rejecting the claim.
Headnote
A) Service Law - Regularization of Service - Daily Wage Employee - Claim for Regularization - The petitioners sought regularization of services of late Ningappa Badiger, a daily wage employee of the Bankapura Town Municipal Council, and consequential benefits. The court held that the deceased employee was not in continuous service for 240 days in a year, was appointed without following recruitment rules, and there were no sanctioned posts. Therefore, the claim for regularization was rejected. (Paras 1-10) B) Service Law - Compassionate Appointment - Delay and Laches - The petitioners also sought compassionate appointment for the second petitioner. The court held that compassionate appointment is not a vested right and cannot be claimed after a long delay of several years from the date of death. The claim was rejected. (Paras 11-15)
Issue of Consideration
Whether the petitioners are entitled to regularization of services of the deceased employee and compassionate appointment to the second petitioner.
Final Decision
The writ petition is dismissed. The endorsement dated 06.10.2020 is upheld. No order as to costs.
Law Points
- Regularization of service requires continuous service of 240 days in a year
- appointment through proper channel
- and existence of sanctioned posts. Compassionate appointment is not a matter of right and cannot be claimed after a long delay. Daily wage employees are not entitled to regularization merely on the ground of long service.
