SANDHYA RANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner was appointed as typist, on daily wages in the office of the respondent No.4-Executive Officer of the Taluk Panchayat, Malur, on 23.02.1994. The Official Memorandum dated 23.02.1994 at Annexure-A evidences the factum of such appointment. In this writ petition the petitioner is seeking a writ of mandamus directing the respondents to regularize the services of the petitioner in the post of typist, in terms of the Government Circular bearing No.DPAR 25 SeSthaAa 2003 (Bha) dated 13.11.2006 along with all service benefits starting from the date when the petitioner completed 10 years of service.

(2.) The petitioner had earlier approached this Court inW.P.No.22987-88/2012. This Court by order dated 10.07.2012 disposed of the writ petition while directing the respondent authorities to consider the claim of the petitioner for regularisation in accordance with the Government circular dated 13.11.2006. This Court had noticed that the there were several representations given by the petitioner including the representation dated 20.12.2011. Consequent to the said order, the Executive Officer of the Taluk Panchayat, Malur, by communication dated 16.02.2013 at Annexure-E recommended the case of the petitioner for regularisation enlisting the four conditions stipulated in the Government circular dated 13.11.2006 and furnishing information that the petitioner fulfills all the four conditions. Following the said recommendation of the Executive Officer of the Taluk Panchayat, the Under Secretary to the Government (services A), Department of Rural Development and Panchayat Raj, by communication dated 03.11.2015 directed the Chief Executive Officer of the Zilla Panchayat, Kolar to consider the case of the petitioner since she complied with all the requirements of the Government circular dated 13.11.2006. Learned counsel for the petitioner submits that inspite of the said recommendations, the Chief Executive Officer of the Zilla Panchayat, Kolar issued an Official Memorandum dated 25.11.2015 granting the benefit of salary, leave and other service facilities in terms of the Karnataka Daily Wage Employees Welfare Act, 2012, but did not regularize the services.

(3.) The petitioner approached this Court once again in W.P.No.13618-619/2013 whereby this Court by order dated 21.11.2016 disposed of the writ petitions directing the respondent authorities to consider the claim of the petitioner in the light of the recommendations dated 16.02.2013 made by the Executive Officer of the Taluk Panchayat