THE CHIEF SECRETARY Vs. MAHADEVAPPA

JUDGEMENT

(1.) The appellants who are respondents No.1 to 4 in W.P. No.104120/2015 have filed this intra Court appeal challenging the judgment and order dated 01.03.2019 passed by the learned Single Judge of this Court.

(2.) We have heard Shri V.S. Kalasurmath, learned H.C.G.P. appearing on behalf of appellants. The respondent is served and unrepresented.

(3.) The respondent herein had filed writ petition before this Court contending that he was appointed on daily wages against the full time post on 06.09.1984 and later on he was transferred to the monitoring unit as Gauge Reader vide order dated 29.12.1987 as per Annexure-A. Subsequently he was transferred to the post of Work Inspector vide order dated 04.08.1994 as per Annexure-B and he was continued in the said post on daily wage basis till he attained the age of superannuation on 31.05.2005. It is his further case that he had approached this Court in W.P.No.17875/2004 and the said writ petition was disposed of in terms of the order made in W.P.Nos.42096-42113/2001 dated 02.06.2005. Pursuant to the order passed in W.P.No.17875/2004, petitioner gave representation seeking regularization of his services but the same was not considered and kept pending on the ground that the Hon'ble Apex Court was seized of the case of Secretary, State of Karnataka and others vs. Umadevi and others reported in (2006) 4 SCC 1. Before Umadevi's case was finally disposed of on 10.04.2006, the respondent herein had attained the age of superannuation on 31.05.2005. Thereafterwards, the representation submitted by the respondent for regularization of his services was rejected on the ground that he had already retired and therefore, he was not eligible to have his services regularized. It is in these circumstances, respondent had filed W.P.No.104120/2015 before this Court. Learned Single judge, vide impugned order, quashed the impugned endorsements at Annexures-V and W and issued directions to the respondents to consider the case of the respondent for grant of retiral benefits keeping in view the length of services and the regulations applicable in that regard towards payment of retiral benefits and such consideration was directed to be done taking into consideration of the Government's proceedings dated 25.08.2006 vide Annexure-L and further ordered that the respondent shall be extended the similar benefits as extended to the employees detailed in Annexure-L. The respondents in the Writ Petition have filed this Writ Appeal questioning the impugned order passed by the learned Single Judge.