BHARATHAMATHA L.P Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners were appointed on various dates, the petitioner No.1 was appointed in the year 1986 and other petitioners were appointed in the year 1979, 1983 and 1980 respectively. Their appointment was on temporary basis against the sanctioned posts and their appointments were made subject to completion of departmental examination and also for declaration of two years probationary period. On completion of the probationary period since the petitioners have passed the departmental examination, they have been given the benefit of annual increments, time-bound increment, promotion etc. Though they have completed more than ten years of service, their services were not regularized. The petitioners were also given promotions to the next higher cadre. Thus, appointments were made subject to Section 40 of The Karnataka Town and Country Planning Act, 1961(herein after called as 'the Act') which provides that any appointments are made, the same are subject to the approval of the Government.

(2.) Since, the petitioners were appointed against the sanctioned posts, after their candidature, was furnished from employment exchange and appointments were made as per roster. The respondent No.2 forwarded their appointments to the first respondent-Government for approval. Though repeated sanctions were sought from the first respondent, no sanction has been made and provided so far.

(3.) Since, the petitioners have retired from service without being any regularization; they have filed these writ petitions for pension and other retirement benefits.