Case Note & Summary
The appellant, Chikkappa, filed a writ appeal against the order of a Single Judge dated 12.02.2016 in W.P.No.81636/2011, which dismissed his petition seeking regularization of services. The appellant had joined the Krishna Bhagya Jala Nigam Limited (KBJNL) as a daily wage employee in 1979 and worked until 2011. He sought regularization, but the respondents rejected his claim. The Single Judge dismissed the writ petition, leading to the present appeal. The Division Bench of the Karnataka High Court, comprising Justice G. Narendar and Justice M. Nagaprasanna, heard the appeal. The court noted that the appellant was a daily wage employee and that there was no sanctioned post for him to be regularized. The court held that regularization cannot be claimed as a matter of right without a sanctioned post and without following the recruitment rules. The appeal was dismissed, affirming the order of the Single Judge.
Headnote
A) Service Law - Regularization - Daily Wage Employee - Claim for Regularization - Petitioner joined as daily wage employee in 1979 and worked till 2011 - Claim for regularization rejected by respondents - Single Judge dismissed writ petition - Appeal dismissed - Held that regularization cannot be claimed as a matter of right without a sanctioned post and without following recruitment rules (Paras 1-5).
Issue of Consideration
Whether a daily wage employee who worked for several years is entitled to regularization of services in the absence of a sanctioned post and without following recruitment rules.
Final Decision
The appeal is dismissed. The order of the Single Judge dated 12.02.2016 in W.P.No.81636/2011 is affirmed.
Law Points
- Regularization of service
- daily wage employee
- sanctioned post
- recruitment rules
- Karnataka High Court Act Section 4
