IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11th DAY OF JULY , 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI W.P. NO.4416/2013 (S-RES) BETWEEN:
P.T.RAGHU KUMAR S/O.LATE T.THIMMAPPA AGE 40 YEARS R/O.NUGGEHALLI ROAD PERIYAPATTANA MYSORE DISTRICT (BY SRI.CHANDRAKANTH R. PATEL FOR SRI.PRUTHVIWODEYAR, ADV.) AND:
1. STATE OF KARNATAKA … PETITIONER DEPARTMENT OF MUNICIPAL ADMINISTRATION M.S.BUILDING, BANGALORE-560 001 REPTD. BY ITS SECRETARY 2. DEPUTY COMMISSIONER MYSORE DISTRICT 3. PERIYAPATTANA PATTAN PANCHAYATH PERIYAPATANA MYSORE DISTRICT ... RESPONDENTS (BY SRI.SREEDHAR N.HEGDE, ADV. FOR R1 & R2 SRI.ROHITH GOWDA, ADV. FOR R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS DATED:17.02.2007, 05.12.2011 AND 8.12.2011 VIDE ANNEX-K, Q AND R RESPECTIVELY AND ETC.
THIS PETITION IS COMING ON FOR HEARING ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner has prayed for the following relief:
Issue a writ in the nature of mandamus directing the respondents to consider the representations dtd: 17.02.2007, 05.12.2011 and 8.12.2011 vide Annexures-K, Q and R respectively.
2. Petitioner seems to have been appointed as a Valve Man from 1.5.1991 in place of one Ranga Raju. The petitioner’s grievance is that he is entitled for regularization. In this regard, he has submitted number of representations and oral demands which have not been pleaded by the respondents in regularizing petitioner in the cadre of Group – D.
3. Concerned respondent- Deputy Commissioner, Mysore District is hereby directed to consider the petitioner’s grievance for the purpose of regularization with reference to service records of the petitioner that he was appointed as Valve Man on 1.5.1991 in place of Ranga Raju.
4. Deputy Commissioner is hereby directed to take into consideration the decision of the Supreme Court in the case of Secretary, State of Karnataka & Ors. Vs. Umadevi and Ors. r/w latest decision (2019) 4 SCC 290 (Union of India and Ors. Vs. Central Administrative Tribunal and Ors) (para Nos.18 to 120) wherein, Supreme Court has clarified about the daily wager i.e. if the daily wager has completed ten years as on 10.4.2006 is required to be examined in the light of the aforesaid decision. Deputy Commissioner is hereby directed to pass speaking order and communicate the decision to the petitioner within a period of six weeks from the date of receipt of copy of this order.
Accordingly, writ petition is disposed off.
Sd/- JUDGE BS