High Court Karnataka High Court

G Ramakka vs Divisional Controller North East … on 4 August, 2008

Karnataka High Court
G Ramakka vs Divisional Controller North East … on 4 August, 2008
Author: Ravi Malimath
I

IN THE HIGH COURT OF KARNATAKA

CIRCUIT BENCH AT DHARWAD

DATED THIS THE 4'?" DAY OF     _

THE HON'I-ISLE MR.JUSTIC1§) RAVI §)£.AimA*r:g; 

WRIT PETPTION No.4599o OF 2002  Q3

BETVVEEN :

G.Ramakka,   *
W/0 late C.Bang::
Aged 50 years,3

Residing at No. 1893   " 
Near Badrinarayan"T§:mpi'e, 

Gandlfirlagar. W01'kifl:8'='I1._
Class A Post, EKSRTC,
DiviS_i_oz1£--»Qfi"i<;e, % = " V

    V.
  Sri sureshajeém 85

Sxi F, Advocates)

  " T

   1} Divisional Controller,
"-  : f j I~'«£o:atiV Transport Corporatian,
 Bgzllary.

PETITIONER

Q$£/



2) The General Manager,
KSRTC, Central Oflice,

(By Sri Ravi V.Hosn:1am'. 85 V     ~ '~
Smt. H. R.Renuka, Advocates,' for. _;respondents}_ Q ' V .

~0–0–o~

This Writ petition is filed t’1:nder«.AI1i;ic1ee 226 & 227
of the Constitution of” “In(ii_a” pzfaying “to direct the
respondents to ‘iegulaxise the”«Vpet1ifl0nér in service of
KSRTC as peonfor ~ [and also direct the
respondent 5to the …pei;itioner in service of
KSRTC a-s%_peo:1V’or~«:.§}1Va».~:s”IV’ ‘:3er.tJ_at1t;§from 2249- 1986, etc.

Tlfis. on for hearing this day,

the Comt It;audeVVt11e_ fo3}ow;’._ng:~

in writ petition ;\zo.12s95/19% on

gV18-8;i9.9*v2o, an order to the following effect:-

” The learned Counsel for the Petitioner
on the other hand submitted that the
Petitioner died on the last working day of
his service te., 6.8.1986. Since there is no

4%/:-~

material on record to conctusively
that the Petitioner died qfier the A’

of Service, this is a. fit __case’

Respondent taking mm é 7

the deceased enzployee’ behimti. 1
wife and 4 minor S
appointing her “‘graup.él,
more so bec:ca1Vseil:>f she has
been workirzg over 6

yams

%%%% M shall be Issue” d
her as a Class-

IV witiaifis months hereof

wit disposed of in terms of the

V _ T. gficler.’

thereof the respondents appointed the

V’ i~ ‘p§;titiQner by an Endorsement dated 8- 12» 1992. The

A’ Pégtitioner being dissatisfied with the same filed a writ

% petition No.932/ 1997 seeidng to direct the respondents

to effect her appointment with effect from 22~–9-1986

and not as has been done with efibct fiom 8-”

This Court by order dated 2-3- 1999 ‘V

petition directing the mspondczofo J

representation of the pe1:itioner«”~ ai<

representation being made the the
respondents by an 1V§~ ix0–2001
rejected the plea of the by the

same, the

2. Natwitnstazgéigggonfigo that the petitioner was in

unabjoto any right} this Court by its order

‘ mm ._A11§1iét,” 1992 passed in writ petition
directed the respondents to absorb 1161*

L asooiasswzifeonéplayee within 3 months thereof. The said
“order ” vvvéias passed in View of the fact that
the fact that there: was no material on

kt to conclusively establish that the petitioner died

A after the terminatsm of service or before the said data of

termination. In View of the fact that the petitioner was

%4&-”

ix.§0J’>

working as a daily wage employee since

so the petitioner was appoilatedmw on ” ” 2

ground, the said order was .. 3 A

3. The petitioner claims ilie date
of appointment shoula””.-fie. is wholly
misoonceivecl. ‘I4’ile_order’oi’ been made
purely in issued by this
Court. Even available, a lenient
View was and a diiection was

issued. ‘I’1ie.._;ieti1:io1_1er_ apfiea_;.e’ rs to have wrongly misread

fithe by this Court and has now

AV’._Vattempteil’~t;x«,.§re_-date the effective date of appointment

The ground urged by the petitioner

‘ ‘was from the date of death of her husband

clifiiculty in maintaining the family and in View

fact that she has already served a number of

as a daily wage employee, she deserves to be

appointed with eifect from 1986. No legal grounds are

all/c’

urged by the petitioner which calis for iI1tCI’f.6I’f$§fkC:(.$ }5;’;.{A’

this Court. Only because she was appointedfiasi

wager in the year 1986 would not ‘fiésxf ‘i”c>4:’r.f.a”., ‘V

regularisation Rom 22-9-1986

not based on reg111a1*isat:ion df_ ‘V ‘

on the basis of thg, byfi’ Court.
Therefore, the i ‘petitrioner is

u::1sustainabIe_, « *_-.

4». F9? not find any merit
in this “.-.*:l;_(:St7<1«aE'di11g1y, it is rejected. No

costs, ,

A' _____
Iudge