High Court of Karnataka, Dharwad Bench Considers Regularization of Teachers in Police Residential School. Petitioners Challenge Endorsement Dated 20.09.2022 Issued by Additional Chief Secretary, Home Department.

High Court: Karnataka High Court Bench: DHARWAD
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Case Note & Summary

The matter involved a conglomeration of seven writ petitions filed by teachers of N.A. Muttanna Memorial Police Children’s Residential School, Dharwad, under Articles 226 and 227 of the Constitution of India. The petitioners were appointed between 1997 and 2007 after a government decision to establish the school in 1997, followed by a notification and selection process. They served continuously for 24 to 25 years without regularization. They received allowances such as Dearness Allowance, House Rent Allowance, and City Compensatory Allowance akin to regular government employees. The school authorities and the Superintendent of Police had recommended their regularization to higher officials. After an earlier writ petition, this Court directed consideration of their representations. The State Government, through the Additional Chief Secretary, issued an endorsement dated 20.09.2022 rejecting their claim for regularization. Aggrieved, the petitioners approached this Court seeking quashment of the endorsement and a mandamus for regularization with all benefits, including terminal benefits for those who had retired. The petitioners' counsel argued that they were working against sanctioned vacant posts and that even under Umadevi (3), they were entitled to regularization given their long service and the transparent selection process. The arguments were heard and orders were reserved on 15.12.2023, but the available text ends before the pronouncement of any reasoning or final decision.

Issue of Consideration

Whether the endorsement dated 20.09.2022 declining regularization of the petitioners' services is valid and whether the petitioners are entitled to regularization and consequential benefits.

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Case Details

2024 LawText (KAR) (03) 23

Writ Petition No. 101424 of 2023 and connected matters (105056/2022, 100735/2023, 101408/2023, 101413/2023, 101429/2023, 101431/2023)

2024-03-11

M. Nagaprasanna

Raja Raghavendra Naik, Soumya S. Gujamagadi, V.S. Kalsurmath

Raghavendra Srinivas Deshpande, Pramod Kumar Ronad, Adavayya Chandrashekarayya Allayyanavarmath, Prakash Pyatappa Pawadshetti, Jayashri D. Bharamagouda Dannappanavar, Sundarabai Ogappa Biradar, Umar Farooq Davood Khan Badami

State of Karnataka (represented by Additional Chief Secretary, Police Service-1, Department of Home), Director General of Police, N.A. Muttanna Memorial Police Children’s Residential School (represented by its President, Inspector General of Police, Northern Range, Belagavi), Superintendent of Police, Dharwad

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Nature of Litigation

Writ petition under Articles 226 and 227 of the Constitution of India challenging an endorsement declining regularization of services and seeking a writ of mandamus for regularization with consequential benefits.

Remedy Sought

The petitioners, who are teachers, sought quashment of the endorsement dated 20.09.2022 issued by respondent No. 1 and a direction to regularize their services with all benefits, including terminal benefits for those who had retired.

Filing Reason

The petitioners had served as teachers in N.A. Muttanna Memorial Police Children’s Residential School, Dharwad, for 24 to 25 years without regularization. Their representations for regularization were rejected by the impugned endorsement, leading to the filing of these writ petitions.

Previous Decisions

This Court had earlier directed consideration of the representations; the endorsement dated 20.09.2022 was issued purportedly in compliance with that direction.

Issues

Whether the endorsement dated 20.09.2022 rejecting regularization is legally sustainable? Whether the petitioners are entitled to regularization of services despite the principles in Umadevi (3)?

Submissions/Arguments

Petitioners: They have worked for 24–25 years without break, against sanctioned vacant posts, receiving DA, HRA, CCA like regular employees; communications from SP to DGP recommended regularization; they were selected through a transparent process; therefore, even under Umadevi (3), they should be regularized. They rely on the DGP's letter to Home Affairs seeking regularization. Respondents: Not yet argued in the available text.

Judgment Excerpts

The prayer that is sought is quashment of endorsement issued declining to accede to the request of the petitioners for regularization of their services and seek a consequential direction by issuance of a writ in the nature of mandamus to regularize the services of the petitioners with all benefits and in cases of those who have retired from service to extend all terminal benefits. It is the case of the petitioners that they have been working in the respective cadres without any break from the date of appointment. Claiming to be considering the representations, the impugned endorsement comes to be issued declining to accept the claim of the petitioners, which has led the petitioners to knock at the doors of this Court yet again in the subject petitions.

Procedural History

Petitioners were appointed as teachers in N.A. Muttanna Memorial Police Children’s Residential School, Dharwad, between 1997 and 2007. They sought regularization. On an earlier writ petition, this Court directed consideration within six months. The State Government, through the Additional Chief Secretary, issued an endorsement dated 20.09.2022 declining regularization. Aggrieved, the petitioners filed these writ petitions in 2022–2023.

Acts & Sections

  • Constitution of India: Articles 226, 227
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High Court High Court of Karnataka, Dharwad Bench Considers Regularization of Teachers in Police Residential School. Petitioners Challenge Endorsement Dated 20.09.2022 Issued by Additional Chief Secretary, Home Department.
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