IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE gm DAY OF MARCH, 29. . BEFORE THE HON'BLE MR.JUSTICE'SUBHAI3H .;B'fvArJ'1': WRIT PETITION No.6651'9,/_2°o0§(séRES; . «. " BETWEEN: SMT. JAYANTI, D /O VASAN'F..RAC_Y I<IARI- E j_ " - ., AGED ABOUT 38 YRS., OC€.:.THOSTE;I,'v, ' I SUPERINTENDENT, R /O PRE METRIC:GI_RLS. HOSPT EL, HUDLI, DIST. BELGAUM _ (BY SRI. V' QFETITIONER AND: 1. THE STATE OF KAI+iN'ATAK)3I, R/BY;1TS_SECR;ETARY . DEPARTMENT OFBACEZWARD. CLASS AND MIN'O_RTTIES',=.._ " ' M.S.BUILI:-INS, BANGALORE 01 bIRECTO'R;.OEFAF:TMENT OF BA.C'KVy'-ARDA CLAS AND MINORITIES " BA1\I'GAi.QRE ~91 " 3 "THE TALUKA PANCHAYAT, BELGAUM. 'THE fDISf'I*IiIC.'I"" OFFICER, OE'T»ARTME:sIT1'OF BACKWARD CLASS AND M_INO.RITIES, BELGAUM. THE EXECUTIVE OFFICER, ...RESPONDENTS
SAVITHA N. PATIL, HCC-P,)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING To QUASH THEVORDER
OF THE RESPONDENT DATED 28/O7/2008 OF ANNEXURE..-LAND
THIS PETITION COMING ON FOR PRELIMINARY
THIS DAY, THE COURT MADE THE FOLLOWING:
1. SmhSavitha N. Patil, leariaed
Pleader takes notice for the reSp¢¥If:lVdV’¢l’lt§. it I it
2. Case of the petitione’ri’ji.s the services in
Welfare DepartInent(BaCkwa{fCl Minorities) on
15/1 0/1992 Working. However,
her services h’a,s”‘-not be:3n–Vregula:rizecf5.. In this regard she has
made a reApresentati:on’.il
3. The lgiireictorii oft’.the.i.i~~’Backward Class and Minorities,
SOcia1’~i–w¢If’are the____irnpugned order dated 28/ 07/ 2008 has
hrejeetsd ‘£h€~’fC(‘.]tLi€’St of the petitioner to regularize her services
in ‘the’–s’aid’p”ost;’C:= ‘
Learned counsel for the petitioner submits that the
iipsetitioher has been working more than 17 years and despite
Vithaiii: she has not been regularized in the services.
%t°i*L
5. The Director of Backward Class and Minorities and
Social Welfare, by his order has observed that the petitioner
was appointed as a temporary employee and
continued from time to time and as such her””se–rjriee’s. cannot
be regularized. Apart from this, the
appointments have to be made ‘in___cons’o.r_1ance Articlle 309:2:
of the Constitution of India or in~.evon_sonance:vrithljthe Rules
made under the provisionldwil, C in N ‘V
6. It appears that the,.ap.pointment.i’oi”Vplthelpetitioner is not
on regular in the rules made
thereinfr, ThereV’is_n_o”provis-io_n- under the Constitution or the
Rules, to reguiarize. thre’servioels of the petitioner and as such I
do notfind anj} good groiind to interfere.
‘ Vi ” -Peti_ti’on «vdis-Inissed.
A =-.._Sm_t;S;’~a’Vitha N. Patil, HCGP is permitted to file memo of
‘ appearance within four weeks.
Sd/it
lodge
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