IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NOS. 30920-30921 OF 2019 (S-RES) BETWEEN:
1. SRI J T SRINIVASA S/O LATE THIMMAIAH AGED ABOUT 56 YEARS WORKING AS COMPLANY PAID ASSISTANT, 2. SRI. JAMBAYYA S/O KOTRAYYA AGED ABOUT 57 YEARS WORKING AS COMPANY PAID ASSISTANT BOTH ARE WORKING IN THE O/O OFFICIAL LIQUIDATOR, MINISTRY OF CORPORATE AFFAIRS, CORPORATE BHAVAN, NO.26-27, 12TH FLOOR, RAHEJA TOWERS, M.G. ROAD, BENGALURU 560001.
... PETITIONERS (BY SRI. M G CONTRACTOR, ADVOCATE) AND:
1. THE UNION OF INDIA REP. BY THE SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF CORPORATE AFFAIRS, 5TH FLOOR, "A" WING, SHASTRY BHAVAN, DR. RAJENDRA PRASAD ROAD, NEW DELHI 110 001.
2. THE REGIONAL DIRECTOR (SOUTH EAST REGION) MINISTRY OF CORPORATE AFFAIRS, CORPORATE BHAVAN, 3RD FLOOR, NEAR CENTRAL GROUND WATER BOARD, BANDALGUDA, THATTI ANNARAM, HAYATHNAGAR MANDAL, NAGOLE, HYDERABAD 500 068.
3. THE OFFICIAL LIQUIDATOR MINISTRY OF CORPORATE AFFAIRS, CORPORATE BHAVAN, NO.26-27, 12TH FLOOR, RAHEJA TOWERS, BENGALURU 560001.
... RESPONDENTS (BY SRI. MALLANGOUD, CGC FOR R1 TO R3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO ABSORB/REGULARIZE THE PETITIONERS AS REGULAR JUNIOR TECHNICAL ASSISTANT AND LOWER DIVISION CLERK IN THE OFFICE OF THE RESPONDENTS WITH EFFECT FROM THE RESPECTIVE DATE OF APPOINTMENT ON 12.05.1987 AND 09.10.1995 RESPECTIVELY AND ETC., THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The short grievance of the petitioners is against non- consideration of their representations dated 26.03.2018 wherein they have sought for regularization of their services. Copies of said representations are at Annexures- G & H.
2. Sri H.Mallana Goud, learned Central Govt.
Counsel having accepted notice for the respondents, fairly submits that if a time frame is prescribed by this Court, there will be no difficulty for considering the subject representations in accordance with law. The stand of the respondents is just and fair.
In the above circumstances, these writ petitions are disposed off directing respondents 2 & 3 to consider petitioners’ subject representations, keeping in view the decision of the Apex Court in the case of GOVERNMENT OF INDIA & OTHERS vs. COURT LIQUIDATOR’S EMPLOYEES ASSOCIATION & OTHERS, disposed off on 27.08.1999, a copy whereof is at Annexure-A, within a period of three months and to inform the petitioners individually, the result of such consideration, forthwith.
It is open to the answering respondents to solicit any information or documents from the petitioners as may be required for due consideration of their representations; however, in the guise of such solicitation, delay shall not be brooked.
All contentions of the parties are kept open. Now no costs.
Sd/- JUDGE Snb/