Regularisation Contract Workers in Ministry of Statistics & Programme Implementation-High Court Bangalore dismissed the Writ Petition filed by the Union of India

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 22ND DAY OF APRIL 2014

PRESENT

THE HON'BLE MR.JUSTICE K.L.MANJUNATH

AND

THE HON'BLE MR.JUSTICE RAVI MALIMATH

WRIT PETITION NO.57381 OF 2013(S-CAT) AND

WRIT PETITION NOS.8010-8035 OF 2014(S-CAT)

BETWEEN:

1. The Union of India

Represented by its Secretary

Ministry of Statistics and Programme

Implementation, Sardar Patel Bhavan,

Sansad Marg,

New Delhi - 110 001.

2. The Secretary

Ministry of Finance,

Department of Expenditure

North Block, Loknayak Bhavan,

New Delhi - 110 001.

3. The Director General and Chief Executive Officer

Ministry of Statistics and Programme

Implementation, Sardar Patel Bhavan,

Sansad Marg,

New Delhi - 110 001.

4. The Additional Director General NSSC,

Data Processing Division (Head Quarters),

No.161, GLT Road, Mahalanobis Bhavan,

Kolkata - 700 108.

5. The Deputy Director, General NSSO,

Data Processing Centre,

III Floor, "F" Wing, Kendriya Sadan,

Koramangala,

Bangalore - 560 034.                                                     ...PETITIONERS

(By Sri A.Hanumanthappa, CGC)

AND:

1. S.D.Jayaprakash S/o S.B.Dakshinamurthyachar Aged about 43 years

 2. Sri M.Ravi S/o G.Mariyappa, Aged about 41 years

 3. Sri Rudraiah S/o late Kyathaiah Aged about 44 years

 4. Smt.Dhanalakshmi S W/o Srinivasa Murthy Aged about 42 years

 5. Sri Jagadish B S/o Venkata Naik, Aged about 41 years

 6. Smt.Jaya Bisht W/o B.S.Bisht Aged about 42 years

 7. Smt.Jyothis C W/o Noel Cardoza, Aged about 42 years

 8. Sri Kumar R, S/o H.Ramu Aged about 40 years

 9. Smt.Latha Rani B.V W/o Kumar R Aged about 39 years

 10. Smt.Madhushalini W/o B.Shivaraj Aged about 42 years

 11. Smt.Rajalakshmi A.S. W/o D.E.Lakshmi Prakash

Aged about 42 years

 12. Smt.Rekha T W/o M.C.Naveen Aged about 42 years

 13. Sri Shanmukha S/o Jogappa Aged about 46 years

 14. Sri Srinath D.A S/o D.R.Arunachalam, Aged about 41 years

 15. Smt.Umarani M.S. W/o B.V.Nagaraj Aged about 41 years

 16. Smt.Vidya N W/o N.Arun Aged about 41 years

 17. Smt.Hemalatha V.B

W/o Jagannatha Nayaka R Aged about 37 years

18. Sri Indiresh Kumar C S/o N.Chandrashekar

Aged about 41 years

 19. Smt.Lalitha P, W/o A.Jeyashankar Aged about 41 years

 20. Smt.Malathi S W/o Nanjundappa T.A. Aged about 38 years

 21. Sri Narendra Kumar J S/o Jettappa, Aged about 40 years

 22. Smt.Rajini K,W/o Sridhara Adiga Aged about 39 years

 23. Smt.Sandhya S.N. W/o Krishna B.R.,Aged about 38 years

 24. Sri Shankar M S/o Mahadevaiah M.R, Aged about 38 years

 25. Smt.Shobha Rani B.S. W/o Manjunath L.M., Aged about 39 years

 26. Smt.Sudharani K.C. W/o Indiresh Kumar C

Aged about 38 years

27. Smt.R.Susmitha W/o Kiran Kumar V.S.

Aged about 41 years.                                                   ...RESPONDENTS

(By Sri Ranganatha S.Jois, Advocate)

*****

These Writ Petitions are filed under Article 226 and 227 of the Constitution of India praying to quash the order dated 1.4.2013 passed by the Hon'ble Central Administrative Tribunal, Bangalore Bench (Vide Annexure- A) and dismiss the O.A.No.339/2011 by allowing this Writ Petition.

These Writ Petitions coming on for hearing this day, K.L.Manjunath J., made the following:-

ORDER

Aggrieved by the direction issued by the Central Administrative tribunal, Bangalore Bench in Original Application No.339/2011 on 4th April, 2011, the present appeal is filed.

2. Heard the learned counsel appearing for both the parties. The respondents are working on contract basis against sanctioned post and they were selected through regular selection process sponsored through employment exchange. Their services were not regularized. Therefore, they approached the Central Administrative tribunal requesting the tribunal to issue a direction to regularize their services. The tribunal considering the Judgment of the Division Bench of this Court in writ petition no.17545/2011 and also the decision of a co-ordinate bench in O.A.278/2012 of the Calcutta Bench which was followed by this Court in connected matter allowed the application filed by the respondent directing the respondents-petitioners herein to take a decision to regularise their services and till then the respondents were allowed to continue the services. This order is called in question in these petitions.

2. It is brought to our notice that the decision of the Calcutta Bench of the Central Administrative tribunal was taken up before the Calcutta High court in writ petition CT No.488/2013 wherein the High Court of Calcutta has confirmed the order of the Bench against which a Special Leave Petition was filed before the Hon'ble Supreme Court of India by the Union of India in Special Leave Petition No.7686/2014 which has been dismissed by the Hon'ble Supreme Court of India on 2-4-2014.

3. In view of the dismissal of the Special Leave Petition by the Hon'ble Supreme Court of India after the Judgment has been rendered by the Central Administrative tribunal, Bangalore Bench, in the present case is based on the decision of the Central Administrative tribunal, Calcutta Bench, we have no other option but to dismiss these petitions. Accordingly, these petitions are dismissed.

Sd/-

JUDGE

Sd/-

JUDGE

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