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
rsk/-
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