STATE OF KARNATAKA Vs. T S NAGAVENI

JUDGEMENT

(1.) STATE of Karnataka and Director, Department of Welfare of Disabled (hereinafter referred to as the Appellants) have filed this appeal challenging the order passed by the Single Judge allowing the writ petition filed by the writ Petitioner -Respondent -1. Learned Single Judge, after quashing the order impugned, has issued the following directions to the appellants:

(2.) RESPONDENT -1, who belongs to Backward community (the fact which has not been controverted by the appellants) and who has passed S.S.L.C. examination, was selected and appointed as a Warden in the scale of Rs. 490 -950 with effect from 19.10.1985 by the Director of Physically Handicapped (appellant -2) after following the due process of selection. She was assigned to work in the establishment of Indian Red Cross Society, Tumkur - Respondent -2 in the appeal. Respondent -2 runs a school at Tumkur for the benefit of physically and mentally handicapped children. The said school has been recognised by the State of Karnataka and is covered by the Grant -in -Aid Code vide Notification dated 11th August, 1982 and 100% grant -in -aid has been provided to the said school for payment of salaries to the persons employed in the said school. After completion of 10 years of regular and uninterrupted service in the cadre of Warden, Respondent -1 should have been absorbed in the regular service in accordance with the Rules with effect from 19.10.1995. Appellant -2, on 27.11.1993, made recommendation to the State Government for regularisation of the service of Respondent -1 as Warden. Instead of passing suitable orders regularising the service of Respondent -1, appellant -1 initiated action to dispense with the service of Respondent -1 on the ground that Respondent -1 was over -aged at the time of her initial entry into service.

(3.) BEING aggrieved of the action taken by Appellant -1, Respondent -1 filed Writ Petition No. 29962 of 1996. The petition was accepted. Appellant -1 was directed to consider the recommendation made by Respondent -2 regarding regularisation of service of Respondent -1 and fixation of her pay in the scale of Rs. 490 -950 within a period of six months. Direction was issued in the following terms: