LAWS(KAR)-2011-9-179

SHIVANNA S/O. KRISHNAPPA AND SRI RAVISHANKAR N. S/O. LATE H.N. NARAHARI JOIS Vs. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND SHIMOGA URBAN DEVELOPMENT AUTHORITY

Decided On September 21, 2011
Shivanna S/O. Krishnappa And Sri Ravishankar N. S/O. Late H.N. Narahari Jois Appellant
V/S
State Of Karnataka, Represented By Its Secretary To Government, Department Of Housing And Urban Development And Shimoga Urban Development Authority Respondents

JUDGEMENT

(1.) THE 2nd Respondent is a body constituted under the Karnataka Urban Development Authorities Act, 1976. The 1st Petitioner was appointed by the 2nd Respondent as a driver, on daily wages. The 2nd Petitioner was appointed by the 2nd Respondent as a Second Division Assistant, on daily wages. By an order dated 10.03.1992 of the 2nd Respondent, the Petitioners' service was regularised with effect from 30.07.1988, with a condition that, they are entitled to monetary benefits only from 01.03.1992.

(2.) THE 1st Petitioner filed W.P. 17862/05 to direct the Respondents to regularise his service with effect from 01.09.1985 with all consequential benefits or in the alternative, to extend all monetary and other service benefits with effect from 20.07.1988, as per the order of regularisation. The said writ petition was disposed of, permitting the Petitioner to submit an additional representation, upon the receipt of which the Respondents were directed to pass an order in accordance with law.

(3.) THE 2nd Respondent forwarded the proposals to the 1st Respondent. The matter having been considered, the 1st Respondent passed an order dated 01.07.2009, granting approval for the regularisation of the service of the Petitioners with effect from 30.07.1988. Thereafter, the 2nd Respondent passed orders dated 27.08.2009 and 31.08.2009, notionally extending the benefit of regularisation of service to the Petitioners, with effect from 30.07.1988. The 2nd Respondent has passed an order on 02.09.2009, extending the benefit of 'time bound advancement' (Selection Time Scale of Pay) for 10 years of completed service and 'Automatic Promotion to Senior Scale of Pay' for 15 years of completed service in the same cadre without promotion, by reckoning the date of service of the Petitioners as 01.03.1992.