RAMESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has filed the instant writ petition with the prayer to quash the endorsement Annexure - N dtd. 18/8/2017 issued by the 2nd respondent and to issue a writ of mandamus directing the 2nd respondent to regularize the services of the petitioner with effect from 1/8/2009.

(2.) Heard the learned counsel for the petitioner and also perused the material on record.

(3.) The petitioner was allegedly appointed as a Bill Collector on daily wage basis by the 5th respondent Panchayat with effect from 1/11/1995. The petitioner had made a representation to regularize his services and since the same was not considered by the concerned authorities, he had earlier approached this Court in W.P. No.106844/2014. This Court taking into consideration the recommendations made by the Deputy Commissioner dtd. 28/6/2007 and also having regard to the law laid down by the Hon'ble Supreme Court in the case of State of Karnataka Vs. Umadevi and others reported in (2006) 4 SCC 1 had disposed of the writ petition with a direction to consider the case of the petitioner for regularization on the basis of the recommendation dtd. 28/6/2007 and 3/12/2008 and also taking into consideration the law laid down by the Hon'ble Supreme Court in Umadevi's case. Thereafter, the impugned endorsement has been issued by the 2nd respondent rejecting the petitioners prayer for regularization of his services, on the ground that the petitioner's appointment was not against a vacant sanctioned post. Being aggrieved by the said endorsement dtd. 18/8/2017, the petitioner is before this Court.