Case Note & Summary
The petitioner, Sri H. Venkataramana, filed a writ petition under Article 226 of the Constitution of India before the High Court of Karnataka at Bangalore, challenging the order dated 12.9.2013 passed by the Karnataka Administrative Tribunal, Bangalore, in Application No.7238/2011. The Tribunal had rejected the petitioner's application seeking regularization of his services from the date of his initial appointment and for consequential benefits. The petitioner was appointed as a Cook in the Office of the Medical Officer, Community Health Centre, Sullia, on a daily wage basis in the year 1992. He contended that he had been continuously working and sought regularization from the date of his initial appointment. The respondents, the State of Karnataka and others, opposed the petition. The High Court, after hearing the parties, held that the petitioner's initial appointment was not against a sanctioned post and was irregular. Therefore, he was not entitled to regularization from the date of such appointment. The court dismissed the writ petition, upholding the Tribunal's order.
Headnote
A) Service Law - Regularization - Appointment against sanctioned post - Petitioner appointed as Cook in 1992 on daily wage basis, not against a sanctioned post - Tribunal rejected application for regularization from initial date - Held that regularization cannot be granted from the date of initial appointment when the appointment was irregular and not against a sanctioned post (Paras 1-3).
Issue of Consideration
Whether the petitioner is entitled to regularization of his services from the date of his initial appointment in 1992, despite the appointment being irregular and not against a sanctioned post.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Karnataka Administrative Tribunal dated 12.9.2013.
Law Points
- Regularization of service
- Appointment against sanctioned post
- Initial appointment irregular
- Karnataka Administrative Tribunal
- Articles 14
- 16
- 21 of Constitution of India
Case Details
2014 LawText (KAR) (01) 18
Writ Petition No.55572/2013 (S-KAT)
S. Abdul Nazeer, H.S. Kempanna
Sri. Narayana Bhat M., Smt. S. Susheela
The State of Karnataka, The Director, Department of Health and Family Welfare Services, The District Health and Family Welfare Officer
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging the order of the Karnataka Administrative Tribunal rejecting the petitioner's application for regularization of services.
Remedy Sought
Petitioner sought to set aside the Tribunal's order dated 12.9.2013 and to grant regularization of his services from the date of initial appointment with consequential benefits.
Filing Reason
The petitioner's application for regularization from the date of initial appointment was rejected by the Karnataka Administrative Tribunal.
Previous Decisions
The Karnataka Administrative Tribunal, Bangalore, rejected the petitioner's application in Application No.7238/2011 on 12.9.2013.
Issues
Whether the petitioner is entitled to regularization of his services from the date of his initial appointment in 1992.
Submissions/Arguments
Petitioner argued that he was appointed in 1992 and has been continuously working, thus entitled to regularization from that date.
Respondents opposed the petition, contending that the initial appointment was irregular and not against a sanctioned post.
Ratio Decidendi
Regularization of service cannot be granted from the date of initial appointment when the appointment was irregular and not made against a sanctioned post.
Judgment Excerpts
This writ petition is directed against the order in Application No.7238/2011 dated 12.9.2013, whereby the Karnataka Administrative Tribunal, Bangalore, has rejected the application of the petitioner seeking regularization of his services from the date on which he was initially appointed and for grant of the consequential benefits.
Procedural History
The petitioner filed Application No.7238/2011 before the Karnataka Administrative Tribunal, Bangalore, seeking regularization of his services from the date of initial appointment. The Tribunal rejected the application on 12.9.2013. Aggrieved, the petitioner filed the present writ petition under Article 226 of the Constitution of India before the High Court of Karnataka at Bangalore.
Acts & Sections
- Constitution of India: Article 226, Article 14, Article 16, Article 21
