IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR WRIT PETITION NOS.24430-24431 OF 2018 AND WRIT PETITION NOS.24493-24497 OF 2018 (S-RES) BETWEEN:
1. SUJITH KUMAR, S/O. RAVI MOILY, AGED ABOUT 44 YEARS, R/O. COURT ROAD, NEAR PRAVSI MANDIRA, KARKALA - 574104.
UDUPI DISTRICT.
APPOINTED AS ASSISTANT WATER SUPPLIER PRESENTLY WORKING AS WATER SUPPLIER AT TOWN MUNICIPAL COUNCIL KARKALA DATE OF JOINING 20.06.1993.
2. KORAGAPPA MOOLYA, S/O. KUNGNYA MOOLYA, AGED ABOUT 62 YEARS, R/O. 2-554-2B, S.B. COLLAGE ROAD, KARKALA KASABA, KARKALA - 574104. UDUPI DISTRICT.
APPOINTED AS ASSISTANT WATER SUPPLIER, PRESENTLY RETIRED, AT TOWN MUNICIPAL COUNCIL KARKALA DATE OF JOINING 05.06.1994.
3. DAMODHAR K, S/O. KRISHNA, AGED ABOUT 48 YEARS, R/O. RADHAKRISHNA NIVAS, NEAR FISHERIES ROAD, KARKALA - 574104.
UDUPI DISTRICT.
APPOINTED AS LOADER, PRESENTLY WORKING AS ASSISTANT WATER SUPPLIER AT TOWN MUNICIPAL COUNCIL KARKALA, DATE OF JOINING 21.10.1993.
4. ABDUL RAZAQ, S/O. GAFFER SAHEB, AGED ABOUT 44 YEARS, R/O. H.NO.3-143-1, KARKALA – 574104, UDUPI DISTRICT.
APPOINTED AS LOADER PRESENTLY WORKING AS ASSISTANT WATER SUPPLIER AT TOWN MUNICIPAL COUNCIL KARKALA DATE OF JOINING 05.06.1994.
5. SHAILESH KOTYAN, S/O. SADASHIV BANGERA AGED ABOUT 47 YEARS R/O. AYARABETTU, PERVAJE ROAD, NARSI COMPOUND, KARKALA - 574104. UDUPI DISTRICT. APPOINTED AS CLEANER PRESENTLY WORKING AS ATTENDER AT TOWN MUNICIPAL COUNCIL KARKALA DATE OF JOINING 03.05.1995.
6. CHANDRASHEKAR, S/O. BABU SALIYAN, AGED ABOUT 52 YEARS, R/O. 2-1, PREMA NIVAS, PATHONJI KATTE ROAD, MAIPAL KARKALA POST, KARKALA - 574104.
UDUPI DISTRICT, APPOINTED AS ASSISTANT WATER SUPPLIER, PRESENTLY WORKING AS BILL COLLECTOR, AT TOWN MUNICIPAL COUNCIL KARKALA, DATE OF JOINING 02.07.1992.
7. SUKUMAR, S/O. RAJU MOILY, AGED ABOUT 46 YEARS, R/O. COURT ROAD, NEAR SWARAJ MAIDANA, KARKALA - 574104.
UDUPI DISTRICT. APPOINTED AS ASSISTANT WATER SUPPLIER, PRESENTLY WORKING AS WATER SUPPLIER, AT TOWN MUNICIPAL COUNCIL KARKALA, DATE OF JOINING 15.07.1994. ...PETITIONERS (BY SRI PRUTHVI WODEYAR, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, (SERVICE RULES), M.S.BUILDING, BANGALORE – 560 001, REPRESENTED BY ITS SECRETARY.
2. DIRECTOR, MUNICIPAL ADMINISTRATION, VISHVESHWARAIAH TOWERS, BANGALORE -1.
3. DEPUTY COMMISSIONER, UDUPI, UDUPI DISTRICT – 574104.
4. DIRECTOR OF PLANNING, DISTRICT CITY IMPROVEMENT CELL, DISTRICT ADMINISTRATIVE OFFICE COMPLEX, RAJAHDRI 'A' BLOCK, MANIPAL, UDUPI DISTRICT - 574104.
5. TOWN MUNICIPAL COUNCIL, KARKALA - 574104.
UDUPI DISTRICT, REPRESENTED BY ITS COMMISSIONER. …RESPONDENTS (BY SRI RAMESH JOIS M.V, AGA FOR R1 TO R4, SRI K.CHANDRANATH ARIGA, ADVOCATE FOR R5) **** THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE PUBLICATION DATED 06.05.2016 ISSUED BY 4TH RESPONDENT VIDE ANNEXURE–G; DIRECT THE RESPONDENTS TO REGULARIZE THE POSTS OF THE PETITIONERS AS PER THE DIRECTION ISSUED BY THE 2ND RESPONDENT VIDE ANNEXURE – B AND J.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard Shri Pruthvi Wodeyar, learned advocate for the petitioners and learned Additional Government Advocate for respondent Nos.1 to 4.
2. Petitioners claim to be working as “Assistant Water Suppliers/Bill Collectors/Attenders” with Town Municipal Council, Karkala and claim that they were engaged between 1992 to 1995; and they have continued to work in the said assignments.
3. Learned advocate for petitioners submits that the Town Municipal Council, Karkala has submitted a proposal to respondent No.4 on 03.01.2017 (Annexure-K) with a request to regularize petitioners in their posts. However, the same is not yet considered. Hence, these writ petitions.
4. Learned AGA submits that petitioners have not completed ten years of continuous service. However, proposals submitted by the Town Municipal Council shall be considered in accordance with law by the concerned respondents and a decision will be taken within an outer limit of eight weeks from the date of receipt of copy of this Order.
5. His submission is placed on record.
6. In the circumstances, petitions are disposed of with a direction to respondent Nos.2 to 4 to consider the proposal dated 03.01.2017 (Annexure-K) submitted by the Town Municipal Council within a period of eight weeks from the date of receipt of copy of this Order.
Petitions are disposed of.
Petitioners shall not be relieved till their case is considered in eight weeks, if they are not relieved.
Sd/-
JUDGE BSR