NAGENDRA S.G. Vs. K.C.VEERANNA

JUDGEMENT

(1.) This petition has been filed for non compliance of the order dtd. 16/7/2021 passed in W.P.No.34001/2019 by which the writ petition preferred by the petitioners was disposed of with a direction to the respondent - University to consider the case of the petitioner for regularization of service bearing in mind the observations made by the Supreme Court in SMT.UMA DEVI VS. STATE OF UTTAR PRADESH', (2006) 4 SCC 1.

(2.) Learned Senior counsel for the respondents while inviting the attention of this Court to the averments made in the counter affidavit submitted that the State Legislature has negated the Karnataka State Civil Services (Prohibition and Absorption of Services of the Employees or Establishments in Public Sector into Public Services) Act, 2020. It is further submitted that in view of Sec. 2(v), the Act applies to the University and therefore, in view of the bar contained in Sec. 3 of the Act about regularizing the services of an employee, the accused has considered the case of the petitioners and by an endorsement dtd. 6/5/2022 has informed the complainants that it is not possible to accede to the prayer for regularization of services made by the complainants. It is further submitted that the directions contained in the order have been complied with and the complainants are at liberty to take recourse to such remedy as may be available to them in law with regard to their grievance.

(3.) On the other hand, learned Senior counsel for the complainants while inviting the attention of this court to preamble of the Act as well as various provisions submitted that the Act in question does not apply to the case of the complainants as the complainants are the employees of the University. It is further submitted that the University is an autonomous University and is a government University. It is also urged that the complainants have not been posted on deputation to a Government department and the plea taken by the accused that the services of the complainants cannot be regularized in view of the provisions of the Act is barred by constructive res judicata.