NINGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners have filed these petitions to quash the endorsement bearing No.KCI/EST/2R/170/2018-19 dated 02.07.2018 issued by third respondent at Annexure-K and direct the respondents to grant benefit of age relaxation and weightage of service for their service.

(2.) Petitioners claim that they are working for respondent No.3 as Staff Nurses and Lab Technicians on contract basis through independent contractors from last three to ten years. Petitioners have been discharging their duties continuously till date and they claim that they are entitled for age relaxation and preference should be given, while making general recruitment.

(3.) This being the case, respondent No.3 has issued recruitment notification vide No.KCI/EST- 1512018-19 dated 22.05.2018 for recruitment of 251 posts of Staff Nurses and 9 posts of Junior Lab Technologists and other posts. The petitioners made representation for considering their service by giving weightage and age relaxation to apply for the posts, which was not considered by the respondents. In order to fortify their case, petitioners have relied upon a judgment passed in similar circumstances in the case of Ningappa and Others V/s. State of Karnataka and Others in W.P.No44054-44226/2017 dated 21.06.2018 and also in W.A.No.5127/2012 and connected matters between The Karnataka Residential Educational Society V/s. Sri.Siddaraju.S and Others dated 28.02.2015, wherein a direction was given to the respondents to provide service weightage. The petitioners also refer to the judgment reported in between C K Shivegowda and Others V/s. Kidwai Memorial Institute of Oncology and Others, (1998) ILR(Kar) 271 in which similar direction was given to consider service weightage i.e., Nurse or any staff working for any hospital or any healthcare under State to be provided weightage for them. Despite these orders and Government notifications placed before respondent No.3, respondent No.3 rejected the claim and issued an endorsement dated 02.07.2018 vide Annexure-K. Hence, petitioners are before this Court for the relief sought for.