Smt. Jayashri L Jattayan vs. The State Of Karnataka

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WP/23158/2021HC KarnatakaGSTCNR KAHC01047343202108 November 2024Bench: S.G.PANDIT,RAMACHANDRA D. HUDDAR8 pages
For Petitioner: SRI. UPADHYE D. ARAVIND, ADVOCATEFor Respondent: SRI. H.K. KENCHEGOWDA, AGA
AI SummaryDismissed

Facts

The petitioners, appointed on daily wages as Typists or Stenographers between 1985-86, had their services regularized by an OM dated 06.01.2007. Subsequently, an OM dated 14.11.2014 (Annexure-A8) postponed the date of regularization from their initial appointment date to the date they passed the typing examination. Aggrieved, the petitioners approached the Karnataka State Administrative Tribunal (KSAT) seeking to quash Annexure-A8. The KSAT dismissed their applications, citing delay and laches, and holding that regularization from the date of acquiring the prescribed qualification was proper. The petitioners filed a writ petition before the High Court of Karnataka challenging the KSAT's order.

Held

The High Court held that the petitioners were appointed on daily wages and required requisite qualifications for regularization. It was undisputed that the petitioners acquired the typing qualification only on the dates mentioned in the impugned OM dated 14.11.2014. The Court found that none of the petitioners possessed the qualification as on the date of their initial appointment as daily wagers. Therefore, the authorities were correct in regularizing their services from the date they acquired the qualification. The Court reasoned that a person without the necessary qualification for a post cannot seek regularization prior to acquiring such qualification. Consequently, the Court found no merit in the writ petition and rejected it.

Key Issues

1. Whether the Karnataka State Administrative Tribunal erred in dismissing the petitioners' applications on grounds of delay and laches, considering the subsequent OM dated 14.11.2014 altered the regularization date more than eight years after the initial regularization? 2. Whether the respondents acted arbitrarily and without authority of law by postponing the date of regularization from the initial date of appointment to the date of passing the typing examination, thereby discriminating against the petitioners? Petitioner's Contentions: The petitioners argued that the respondents' action of altering the regularization date after more than eight years was unreasonable and discriminatory, especially since similarly situated persons had their services regularized from their initial appointment dates. They contended that the respondents could not re-open the issue of regularization date after such a long period. Revenue's Contentions: The State of Karnataka supported the KSAT's order. They argued that the petitioners were entitled to regularization only from the date they possessed the requisite educational qualification. The authorities had made a mistake in regularizing their services without the necessary qualification, and the impugned OM corrected this error.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
- 1 - NC: 2024:KHC:45312-DB WP No. 23158 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF NOVEMBER, 2024 PRESENT THE HON'BLE MR JUSTICE S.G.PANDIT AND THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR WRIT PETITION NO. 23158 OF 2021 (S-KSAT) BETWEEN: 1. SMT. JAYASHRI L JATTAYAN W/O BALAKRISHNA NAIK AGED ABOUT 56 YEARS WORKING AS TYPIST OFFICE OF THE PROFESSIONAL TAX OFFICE 3RD CIRCLE, YASHWANTHAPURA BENGALURU-560 022 2. SMT. V. HEMALATH W/O K. SUDHARSHAN SHENOY AGED ABOUT 60 YEARS WORKING AS STENOGRAPHER OFFICE OF THE DCCT (AUDIT) 1.8 3RD FLOOR, YASHWANTHAPURA BMTC BUILDING BENGALURU-560 022 3. SMT. R. PREMAVATHI W/O P. RAJAPPA AGED ABOUT 61 YEARS WORKING AS SDA OFFICE OF THE PROFESSIONAL TAX OFFICE 3RD CIRCLE, YASHWANTHAPURA BENGALURU-560 022 4. SRI. HANUMANTHARAYAPPA G S/O LATE GOVINDAPPA AGED ABOUT 53 YEARS WORKING AS STENOGRAPHER Digitally signed by SHAKAMBARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2024:KHC:45312-DB WP No. 23158 of 2021 OFFICE OF THE DEPUTY COMMISSIONER OF COMMERCIAL TAXES (AUDIT) 4.6 DVO-4, KORAMANGALA BENGALURU-560 047 5. SRI. RAMESH R S/O RANGANATHA RAO N AGED ABOUT 58 YEARS WORKING AS TYPIST OFFICE OF THE ASSISTANT COMMISSIONER OF COMMERCIAL TAXES LOCAL GOODS AND SERVICE ACT-090 BMTC BUILDING, JAYANAGAR BENGALURU-560 041 6. SRI. B. DEVARAJA BHAT S/O LATE B.M. BHAT AGED ABOUT 56 YEARS WORKING AS TYPIST OFFICE OF THE ADDITIONAL COMMISSIONER OF COMMERCIAL TAXES 6TH FLOOR, ZONE-02, VTK-1 GANDHINAGAR BENGALURU-560 009 7. SRI. MALLIKARJUN MALLAPPA TELI S/O LATE MALLAPPA AGED ABOUT 58 YEARS WORKING AS TYPIST OFFICE OF THE DEPUTY COMMISSIONER OF COMMERCIAL TAXES (AUDIT)-3 VIJAYAPURA-586 102 8. SRIDHAR PARASHURAMA SINDHE S/O LATE PARASHURAM AGED ABOUT 58 YEARS WORKING AS SDA OFFICE OF THE ASSISTANT COMMISSIONER OF COMMERICAL TAXES LOCAL GST, OFFICE-420 NAVANAGAR BAGALAKOTE-586 102 - 3 - NC: 2024:KHC:45312-DB WP No. 23158 of 2021 9. SMT. T.C. NANDA DEVI W/O RUDRAGOWDA PATIL AGED ABOUT 62 YEARS RETIRED TYPIST R/A FF2 TRICON VISTA 6TH CROSS ROAD ANNAPOORNESHWARI NAGAR NAGARABHAVI 2ND STAGE OPP BDA COMPLEX BENGALURU-560 070 10. SMT. SARASWATHI H W/O K. BALAKRISHNA KAMATH AGED ABOUT 61 YEARS RETIRED TYPIST R/AT NO.16/A, SRI RAM 9TH MAIN, 12TH CROSS 3RD PHASE, GIRINAGAR BENGALURU-560 085 11. SMT. BHARATHI C.R W/O S MARUTHI AGED ABOUT 68 YEARS RETIRED TYPIST R/AT NO.6, 1ST MAIN, 6TH CROSS RAGHAVENDRANAGAR BENGALURU-560 091 12. (A) SRI. RAMESH D DEAD BY HIS LRS SMT. PUSHPAVATI BELLARI W/O RAMESH D AGED ABOUT 53 YEARS (B) ANAND BELLARI S/O RAMESH D AGED ABOUT 40 YEARS (C) RAVIKUMAR BELLARY S/O RAMESH BELLARY AGED ABOUT 36 YEARS - 4 - NC: 2024:KHC:45312-DB WP No. 23158 of 2021 PETITIONERS NO.12(A) TO (C) ARE R/AT NO.42, PAREKHNAGAR NEAR ASHRAM, BLDE ROAD VIJAYAPURA-586 102 …PETITIONERS (BY SRI. UPADHYE D. ARAVIND, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF FINANCE VIDHANASOUDHA BENGALURU-560 001 2. THE COMMISSIONER OF COMMERICAL TAXES (KARNATAKA) VANIJYYA THERIGE KARYALAYA GANDINAGAR BENGALURU-560 009 …RESPONDENTS (BY SRI. H.K. KENCHEGOWDA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT ORDER QUASHING THE ORDER DATED 31.08.2021 PASSED BY THE HON'BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN APPLICATION NO.6684-6695/2020 VIDE ANNEXUE-E AS THE SAME IS ILLEGAL ARBITRARY AND WITHOOUT AUTHORITY OF LAW AND GRANT THE RELIEF AS SOUGHT FOR IN THE APPLICATION BEFORE THE HON'BLE TRIBUNAL. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT and HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR - 5 - NC: 2024:KHC:45312-DB WP No. 23158 of 2021

ORAL ORDER (PER: HON'BLE MR JUSTICE S.G.PANDIT)

Petitioners being aggrieved by the order dated 31.08.2021 in Application Nos. 6684 to 6695/2020 by which, petitioners request to quash 'Annexure-A8' impugned OM dated 14.11.2014 postponing the date of regularisation, is rejected.

2.

Heard learned counsel Sri Upadhye D.Aravind for petitioner through Video Conference and learned Additional Government Advocate Sri H.K.Kenchegowda for respondents. Perused the writ petition papers.

3.

Learned counsel Sri Upadhye D.Aravind for the petitioners would submit that the petitioners were appointed on daily wage basis during the year 1985-86 as Typists or Stenographers.

It is submitted that subsequently, under 'Annexure-A1'-OM dated 06.01.2007, the services of the petitioners were regularised as Typists or Stenographers. More than eight years thereafter, 'Annexure-A8'-OM dated 14.11.2014 is passed postponing NC: 2024:KHC:45312-DB the actual date of regularisation from the initial date of appointment to the date of passing the Typing Examination. Aggrieved by the same, the petitioners were before the Tribunal in Application Nos.6684 to 6695/2020. The Tribunal on hearing the parties dismissed the application not only on the ground of delay and latches but also holding that the action of the respondents in regularising the services of the petitioners from the date of acquiring the prescribed qualification is proper and correct.

4.

Learned counsel for the petitioners contends that the action of the respondents is wholly unreasonable and further submits that more than eight years after the regularization, respondents could not have alternated the date of regularisation. Learned counsel would submit that similarly situated persons have approached the Tribunal and their applications are allowed by regularizing their services from the date of their initial appointment. Dismissing the applications of the petitioners by the Tribunal is discrimination and submitted that the NC: 2024:KHC:45312-DB respondents, after more than eight years could not have re-opened from the date of petitioners' regularisation. Thus, the learned counsel for the petitioners would pray for allowing the writ petition.

5.

Per contra, learned AGA Sri H.K.Kenchegowda would support the order passed by the Tribunal and further submits that, the petitioners would be entitled for regularization only from the date they possess the educational qualification. Learned counsel would further submit that the authorities had committed mistake by regularising the services of the petitioners even though they had no qualification and the same is corrected under the impugned OM. Thus, he prays for dismissal of the writ petition.

6.

It is not in dispute that the petitioners were appointed on daily wages initially during 1985-86 as Typists or Stenographers. For regularisation of their services, they shall possess requisite qualification prescribed for the posts to which, they were initially NC: 2024:KHC:45312-DB appointed by the competent authority against sanctioned posts.

Admittedly, the petitioners acquired the qualification of Typing only on the dates indicated in the impugned order at 'Annexure-A8' dated 14.11.2014. The impugned order makes it clear that none of the petitioners had qualification as on the date of their initial appointment as daily wagers. The petitioners acquired qualification of Typing only on the dates mentioned in Column No.4 of the impugned order. The authorities are right in regularising their services from the date they acquired the qualification. A person who has no qualification to hold the post cannot seek regularisation earlier to his acquisition of qualification. Thus, we do not find any merit in the writ petition. Accordingly, writ petition stands rejected. (S.G.PANDIT) JUDGE (RAMACHANDRA D. HUDDAR) JUDGE PSJ, List No.: 1 Sl No.: 33

Reproduced from the public record of the Karnataka High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.