Writ Petition Nos. 17744 to 17757 of 2012 (L-MW) Connected with Writ Petition Nos. 16768 to 16778, 16229 to 16243, 16600 to 16609, 15882 to 15886, 15870 to 15880, 18548 to 18553, 16779 to 16785 of 2012. Case: Smt. Seetha M.L. and Others Vs State of Karnataka and Others. High Court of Karnataka (India)
| Case Number | Writ Petition Nos. 17744 to 17757 of 2012 (L-MW) Connected with Writ Petition Nos. 16768 to 16778, 16229 to 16243, 16600 to 16609, 15882 to 15886, 15870 to 15880, 18548 to 18553, 16779 to 16785 of 2012 |
| Counsel | For Appellant: Sri. S. R. Hegde Hudlamane, Advocate and For Respondents: Sri. Raghavendra G. Gayathri, High Court Government Pleader |
| Judges | Subhash B. Adi, J. |
| Issue | Karnataka Panchayat Raj Act, 1993 - Section 112 |
| Citation | 2012 (6) KarLJ 309, 2013 (I) LLJ 706 Kant |
| Judgement Date | August 17, 2012 |
| Court | High Court of Karnataka (India) |
Order:
Subhash B. Adi, J.
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Learned Government Pleader is directed to take notice for respondents in W.P. Nos. 16779 to 16785 of 2012. The Government by issuing an advertisement inviting the applications from the qualified candidates, has appointed these petitioners for the purpose of supervision of the Libraries established at various Grama Panchayats. These petitioners claim that they have been appointed as Library Supervisors and are working for several years. However, their services have not been regularised.
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The Government had issued a circular dated 2-1-2001 prescribing certain guidelines in the matter of appointing Library Supervisors on honorarium. Initially, these petitioners were paid Rs. 300/- per month, which was increased to Rs. 500/-, further, increased from: Rs. 500/- to Rs. 750/-; Rs. 750/- to Rs. 1,000/-; Rs. 1,000/- to Rs. 1,500/- and now, they are being paid Rs. 2,500/- per month.
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Some of the petitioners claim to have been working for more than 10 years continuously and some of them for more than 5 years. It is also stated that they work for eight hours a day. However, due to shortage of power supply, they are working for seven hours a day. The duties and responsibilities of these persons are on par with the Assistant Librarians appointed in the Government Library. However, the Grama Panchayat and State have not taken any step to regularise the services of these petitioners as against the posts for which they have been engaged, nor they have been paid similar scale of pay, though the Grama Panchayat extract the work for eight hours a day.
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The State Government to create awareness and to enhance the knowledge at village level, had formulated scheme for establishing the library at every Grama Panchayat level. It is in pursuance of this scheme, the petitioners and several other persons, were appointed as Library Supervisors. These posts have been created under the scheme and some of the petitioners claim to have been working for more than ten years and some of them have worked for more than five years, they allege that, despite of making several representations, the Government has not considered their representation, to regularise the services of these petitioners and others, in the respective post.
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Learned Counsel for the petitioners submitted that, the Apex Court in the judgment in the matter of Secretary, State of Karnataka and Others v. Umadevi and Others 2006(4) Kar. L.J. 29 (SC): AIR 2006 SC 1806: 2006 AIR SCW 1991: 2006-II-LLJ-722 (SC): (2006) 4 SCC 1 has given one time benefit to the persons, who have worked for more than 10 years continuously as on cut-off date for regularisation of their services. Even though some of the petitioners have completed 10 years of service as Library Supervisor, their services have not been regularised. He also relied on the judgment in the matter of State of Karnataka and Others v. M.L. Kesari and Others 2011(1) Kar. L.J. 1 (SC): AIR 2010 SC 2587: (2010) 9 SCC 247: 2010-IV-LLJ-583 (SC): (2010) 2 SCC (L and S) 826: 2010 AIR SCW 4577, and submitted that, the Apex Court, considering the judgment in Umadevi's case, had formulated the norms for regularisation of the services of the daily wagers, who have been working for more than 10 years. He further submitted...
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