IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF JULY 2019 BEFORE THE HON'BLE MR. JUSTICE P. B. BAJANTHRI WRIT PETITION Nos.28867-28868 OF 2019(S-RES) Between:
1. Sri.B.Munijogaiah, S/o late Byraiah, Age : 44 years, Occ: Gardener, Indian Statistical Institute, Bengaluru Center, 8th Mile, Mysuru Road, R.V.College Post, Bengaluru – 560 059.
2. Sri.Narayanagowda, S/o late Bettappa, Age: 44 years, Occ: Gardener, Indian Statistical Institute, Bengaluru Center, 8th Mile, Mysuru Road, R.V.College Post, Bengaluru – 560 059.
(By Sri.Manjunatha Rao Bhonsle, Advocate) And:
1. Indian Statistical Institute, Rep. by its Director, No.203, Barrackpore Trunk Road, Kolkata – 700 108.
…Petitioners 2. The Chief Executive (A & F), Indian Statistical Institute, No.203, Barrackpore Trunk Road, Kolkata – 700 108.
3. The Center Head, Indian Statistical Institute, Bengaluru Center, 8th Mile, Mysuru Road, R.V.College Post, Bengaluru – 560 059.
...Respondents These Writ Petitions are filed under Articles 226 and 227 of Constitution of India, praying to direct the respondents to absorb the petitioners to the post of gardener and etc.
These Writ Petitions coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER In the instant petition, the petitioners have sought for the following reliefs.
a) A writ in the nature of mandamus or other writ or direction directing the respondents to absorb the petitioners to the post of Gardener;
Or in the Alternative A writ in the nature of mandamus or other writ or direction directing the respondents to continue the services of the petitioners to the post of gardener till they attain the age of 59 years;
b) Grant such other relief/s as this Hon’ble Court may deems fit in the circumstances of the case, in the interest of justice and equity.”
2. Petitioners were stated to have been appointed on contract basis for the post of Gardner on a consolidated pay. The latest order of contract appointment is till 12.07.2019. Petitioners are holding tenure post and they are not entitled to continue beyond the terms and conditions of order of appointment, as held by the Supreme Court time and again. Even in the case of State of Karnataka and others Vs. Umadevi reported in AIR 2006 4 SCC 1, it is observed that the contract employee has no right to continue beyond the tenure. In view of these facts and circumstances, petitioners have not made out a case to seek writ of mandamus.
Accordingly, petition stands dismissed.
At this stage, the learned counsel for the petitioners pointed out that petitioners have legal right under Annexure-E to continue until they attain age of 59 years. As long as the petitioners are not holding regular post of Gardner in the respondent-Institute, they have no right to continue in the post held by them. Number of decisions considered by this Court in the case of Preethi Bhandage and others Vs. State of Karnataka and others in W.P.Nos.35139- 35214/2017, decided on 28.06.2019 read with Umadevi’s case cited supra, contract appointees have no right to continue beyond the tenure period. Accordingly, the above contention is hereby rejected.
Sd/- JUDGE SB/BVK