Ashok Bhushan, Ag.C.J.
Heard learned counsel for the appellant. This Writ Appeal has been filed against the judgment dated 15.10.2012 in W.P.(C) No.29598 of 2008.
2. The petitioner, who was engaged on daily wage basis in the respondent Corporation, had filed the writ petition seeking a direction to regularise his services in the post of 'gate keeper'. The appellant has stated that several persons similarly situated were regularised whereas the petitioner was not given the benefit of said regularisation.
3. The Writ Petition has been dismissed by learned Single Judge holding that the post on which petitioner seeks regularisation is within the purview of Public Service Commission since 1979. It has been further held that in view of the judgment of the Apex Court reported in Secretary,
State of Karnataka and others v.Umadevi (3) and others
[(2006) 4 SCC 1], no direction can be issued for regularisation.
The submission that certain persons similarly situated has been regularised, has also been dealt with by learned Single Judge who observes that the said benefit cannot be claimed by the petitioner. Further, petitioner had already attained the age of superannuation on 30.11.2011.
We have considered the submissions of learned counsel for the appellant and perused the record. No statutory rule or any scheme is referred to by which the petitioner can claim for regularisation. Since the posts are within the purview of Public Service Commission, we are of the view that the learned Single Judge did not commit any error in dismissing the writ petition. Accordingly, the Writ Appeal is dismissed.
Ashok Bhushan, Acting Chief Justice.
A.M. Shaffique, Judge.
ttb/18/11