LAWS(KAR)-2012-6-288

M SEETHARAMA S/O SRI. MADANA Vs. THE STATE OF KARNATAKA DEPARTMENT OF COLLEGIATE EDUCATION REP. BY THE SECRETARY M.S. BUILDING, BANGALORE 560001 AND OTHERS

Decided On June 04, 2012
M Seetharama S/O Sri. Madana Appellant
V/S
State Of Karnataka Department Of Collegiate Education Rep. By The Secretary M.S. Building, Bangalore 560001 Respondents

JUDGEMENT

(1.) SRI . Raghavendra G. Gayathri, learned Government Pleader is directed to take notice for respondent Nos. 1 and 2. In this writ petition the petitioner has prayed for a writ in the nature of certiorari to quash the order dated 27.06.2006 Annexure CC rejecting the request of the petitioner for regularisation and regular pay.

(2.) THE Syndicate Bank and the Canara Bank contributed funds and created a Chair in Rural Banking and Management in the respondent University. The Syndicate of the respondent University in their decision dated 22.09.1995 permitted the creation of this Chair as part of Department of Commerce as per proceedings dated 16.10.1996 - Annexure W. The respondent University framed statute under Section 35(N) of the Karnataka State Universities Act, 1976 to govern this particular Chair as per notification dated 21.01.1983 Annexure Z. This statute specifies the staff pattern which includes clerk -cum -typist - 1 post. The petitioner contends that he is working as clerk -cum -typist in this Chair from the year 1985. Despite repeated requests, demands and representations, the services of the petitioner was not regularised. Finally on 17.04.2004 the respondent University rejected the claim of petitioner by issuing an endorsement. Aggrieved by this endorsement dated 17.04.2004 the petitioner approached this Court in W.P. No. 11250/2005 and the same came to be allowed directing the respondent University to reconsider the claim of petitioner vide order dated 31.08.2005 Annexure AA. The respondent University carried the matter in appeal in W.A. No. 3533/2005. During the pendency of the appeal the respondent University passed the impugned order Annexure CC rejecting the claim of petitioner. A Division Bench of this Court by taking note of this development reserved liberty to the petitioner to challenge the impugned order and kept open all"' contentions to be adjudicated. This is how the present writ petition is filed calling in question the order dated 27.06.2006 Annexure CC.

(3.) IN the impugned order the respondent University gives the following reasons to reject the claim of the petitioner.