LAWS(KAR)-1999-12-17

STATE OF KARNATAKA Vs. B S MANIBANAKAR

Decided On December 03, 1999
STATE OF KARNATAKA Appellant
V/S
B.S.MANIBANAKAR Respondents

JUDGEMENT

(1.) THE state government has come in appeal against the common order passed by the learned single judge in W. P. nos. 11971 to 11973 of 1996, dated 20-10-1998.

(2.) THE brief facts of the case are as under: respondents 1 to 3 were the petitioners in W. P. nos. 11971 to 11973 of 1996. Respondent 1, the petitioner 1 was appointed as a part-time lecturer and he was later on appointed as a full time lecturer in the year 1982. His appointment was approved by the directorate of vocational guidance and he was paid a consolidated pay. His services were regularised on 1-7-1995. Respondent 2/petitioner 2 was initially appointed as a part-time lecturer in kannada and he was later appointed as full time lecturer in the year 1984 on a consolidated salary of Rs. 740/- per month. His services were also regularised from 1-7-1994. Respondent 3/petitioner 3 was appointed as lecturer in sericulture in the year 1984 as a full time lecturer and he was also paid a consolidated salary and later his services were regularised from 1-7- 1994 on regular pay scale.

(3.) IT appears that one mahalinge gowda (part-time teacher of vocational courses) filed a petition before the Karnataka administrative tribunal seeking for regularisation of services. The tribunal rejected his petition. Hence they preferred an appeal in civil appeal No. 7499 of 1994 and connected appeals aggrieved by the order of the tribunal before the Supreme Court. Before the Supreme Court the government had agreed to absorb on regular basis all those part-time lecturers working, in the government institutions who have served in that capacity teaching number of units for more than 10 years. Annexure-B is the order issued by the state government in the light of the judgment of the Supreme Court, with regard to regularisation of service of teaching and non-teaching staff of vocational educational Section in government and aided colleges and puc colleges. The said order provides for regularisation of services on ad hoc basis subject to certain conditions, which were subsequently modified by another order dated 28-3-1995. In the modified order dated 28-3-1995 there are some changes effected as a policy decision of the government in the matter of regularisation of lecturers, restricting the relief to regularisation only. (emphasis supplied)