Case Note & Summary
The petitioners, eight individuals employed as daily wage workers in the Panchayat Raj Engineering Division, Koppal, filed writ petitions under Articles 226 and 227 of the Constitution of India challenging an order dated 22.07.2016 passed by the Chief Executive Officer, Zilla Panchayat, Koppal (respondent No.4). The impugned order rejected their claim for regularisation of services. The petitioners had been working for several years and relied on a Government Order dated 05.11.2010 and subsequent directions from the State Government that provided for regularisation of daily wage employees. The respondents, including the State of Karnataka and the Zilla Panchayat, opposed the petitions. The court, after hearing arguments, found that the impugned order did not adequately consider the Government Order and the earlier directions. The court quashed the order only insofar as it related to the petitioners and directed respondent No.4 to reconsider the petitioners' claims for regularisation in light of the Government Order and the earlier directions, and to pass appropriate orders within three months. The court also directed that the petitioners be given all consequential benefits, including monetary benefits, if found entitled. The judgment was delivered orally by Justice R. Devdas on 06.11.2019.
Headnote
A) Service Law - Regularisation of Daily Wage Employees - Government Policy - The petitioners, daily wage employees in the Panchayat Raj Engineering Division, sought regularisation based on Government Order dated 05.11.2010 and subsequent directions. The court held that the respondent No.4 must reconsider the petitioners' claims for regularisation in light of the Government Order and the earlier directions, and pass appropriate orders within three months. (Paras 1-6) B) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 - The court exercised its writ jurisdiction to quash the impugned order dated 22.07.2016 and directed the authority to reconsider the regularisation claims, as the earlier order was passed without considering the relevant government policy. (Paras 1-6)
Issue of Consideration
Whether the petitioners, who were appointed as daily wage employees in the Panchayat Raj Engineering Division, are entitled to regularisation of their services in light of the Government Order dated 05.11.2010 and the subsequent directions of the State Government.
Final Decision
The writ petitions are allowed. The impugned order dated 22.07.2016 passed by respondent No.4 is quashed insofar as it relates to the petitioners. Respondent No.4 is directed to reconsider the petitioners' claims for regularisation in light of the Government Order dated 05.11.2010 and the earlier directions, and pass appropriate orders within three months. The petitioners shall be given all consequential benefits, including monetary benefits, if found entitled.
Law Points
- Regularisation of service
- daily wage employees
- temporary employees
- government policy
- Articles 226 and 227 of the Constitution of India
- Karnataka Panchayat Raj Act
- 1993
