Civil Appeal No Of 2010 [Arising Out Of Slp (C) No.15774/2006]. Case: State of Karnataka & Ors. Vs M L Kesari & Ors.. Supreme Court (India)
| Case Number | Civil Appeal No Of 2010 [Arising Out Of Slp (C) No.15774/2006] |
| Judges | R V Raveendran & H. L Gokhale, JJ. |
| Issue | Constitution of India - Articles 14, 16, 226 |
| Citation | AIR 2010 SC 2587, JT 2010 (8) SC 96 , 2010 (6) AWC 5893 , (2010) IV LLJ 583 SC , 2010 (II) OLR 982 (SC), (2010) 9 SCC 247 |
| Judgement Date | August 03, 2010 |
| Court | Supreme Court (India) |
Judgment:
R V Raveendran, J.
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Delay condoned. Leave granted.
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Respondents 1 to 3 were appointed on daily wage basis by the Zila Panchayat, Gadag, between 1985 and 1987. Their services were utilized as Typist, Literate Assistant and Watchman respectively in the office of the Executive Engineer, Zila Panchayat Engineering Sub-Division, Ron, Gadag District. They were continued as daily wagers for more than 15 years without the intervention of any court and without the protection of any interim orders of any court or tribunal. In the year 2002 they filed Writ Petitions (Nos.31687-31689/2002) seeking regularization. The said writ petitions were allowed by a learned Single Judge of Karnataka High Court by order dated 27.9.2002 with a direction to consider their representations in accordance with the judgment dated 24.1.2001 in W.A. Nos.5697/2000 and 6677-7351/2000. The writ appeals filed by the appellants against the said order were dismissed by a Division Bench by the impugned order dated 28.7.2004 holding that the respondents will be entitled to regularization, depending upon the terms and conditions of appointment, availability of existing substantive vacancies, eligibility, qualifications, continuity of service, seniority and the prevailing rules. The Division Bench directed that the case of each of the appellants shall be considered independently on its own facts, within four months. The said judgment is challenged in this appeal by special leave.
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When the matter came up for hearing on 10.3.2006, the matter was adjourned to await the decision of the Constitution Bench in CA Nos. 3595- 3612/1999 - State of Karnataka v. Umadevi. However, subsequently notice was directed to be issued both on the application for condonation of delay for 361 days' in filing the SLP as also on the special leave petition.
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The decision in State of Karnataka v. Umadevi was rendered on 10.4.2006 (reported in 2006 (4) SCC 1). In that case, a Constitution Bench of this Court held that appointments made without following the due process or the rules relating to appointment did not confer any right on the appointees and courts cannot direct their absorption, regularization or re- engagement nor make their service permanent, and the High Court in exercise of jurisdiction under Article 226 of the Constitution should not ordinarily issue directions for absorption, regularization, or permanent continuance unless the recruitment had been...
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...and others v. Inspector General of Registration and others, AIR 1996 SC 417; 4. State of Kamataka and another v. M.L. Kesari and others, (2010) 9 SCC 247; 4. Rajpal v. State of Haryana and others, (1996) 7 SCC 381. 5. Learned Standing Counsel appearing for the respondents, however, submitte......
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...Judgment: Sinha, J. 1. The seminal reference to be answered is, if (2010) 9 SCC 247 (The State of Karnataka v. M.L. Kesari) makes a departure from the distinction between an illegal and irregular appointment as held in (2006) 4 SCC 1 (State of Karnataka v. Uma Devi) for purposes of regulari......
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Civil Misc. Writ Petition No. 44301 of 2011. Case: Braj Kumar Vs State of U.P. and Others. High Court of Allahabad (India)
...and others v. Inspector General of Registration and others, AIR 1996 SC 417; 4. State of Kamataka and another v. M.L. Kesari and others, (2010) 9 SCC 247; 4. Rajpal v. State of Haryana and others, (1996) 7 SCC 381. 5. Learned Standing Counsel appearing for the respondents, however, submitte......
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...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 judg......
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Writ Petition No. 19432 of 2009 and M.P. No. 1 of 2009. Case: P. Dhanajeyam Vs The Vice Chancellor and The Registrar, University of Madras. High Court of Madras (India)
...regularisation as an one time measure, is extendable to all the persons or not, came up for consideration in the decision reported in (2010) 9 SCC 247: 2010 (6) Supreme 262 State of Karnataka v. M.L. Kesari. In the said decision it is held that the regularisation request of such of those em......