'~ _ 'V
V' _.1'I;;njan agndu' «. _ j..
3. Swamy, 46 years
.« V»CaLa':~.!1:ry Mahila Vidya Peeiha
" , Biafi; Maiavalli Taltdc
' Mandya District
V V Sn'. C. Vasu, 46 years
m THE HIGH COURT OF KARNATAKA AT --
DATED THIS THE 21" DAY & L
BE?/0%; ' X L TT X
THE HON'BLE MR. JUs'r1CEfFjgé;NA1$¢I) %31'RARB¥n:DY%
WRIT PETI'FIONi'NgM_;?093. (;'}«-RIBS)"
BETWEEN :
1. Sri.S.Nagarfi.§'u;"4;53I'y*3fifs g
S/9 " »
0°°l|Pfi'i0!i: .3fi3£1TF1°1*3f ._
Directemre .ci'~Ma$f¢:AEdu::afion ' "
6%' Cross, _ '
Bangali>_r§+3_ '
2. Sri. M. shaggy,
S19 Mailsgowdat.
% Mahi:avidy¢~Pesema
Mymm"D§S'§ri¢:
S. D. A5510. B. Iavanappa,
S. D. A, Sic C. Chamaiah
01130:: of the District Adult
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the empluyees. There is no dilferenee between past seryiee of a
temporary employee appointed against a wnctiuned _
full salary and ail aliowances perI'o:Iningmflf1e " =
hand and the past service of regular t5II:i'i3lt}},§'{5L'!~IQ
computing the qualifying service»TVI'§j2*.V.pen:'eit2i1V:. eiég§s3i.l3c2iiion r L'
new sought to be made between that
100 after absorption, iaekss and there is
no nexus with The 1111']-time
temporary and a1} allowances
admissible' I6 A' with impugnity
espeixiallylvvin ef this Court fmm lime to time
in the zfery pe4[iEi_eneLr.'s 'I'heref0re, it is prayed that an
"wi'§!.__ ur eivigfelion 'be issued to the respondents to
and pre-reguiarisalityn service of the
_pe£itiC£rzers.«_.%is Lfiielifyiug service for the pulposes of seniority, pay
‘A V’ V ‘figexfiiean, piflmution, leave, pension and other terminal benefits.
C?
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were treated on par with regular employees as they
authorised to be with the ofiieiai financial lmnsaciieiiei aiaieiied
the respective post. The ultimate benefi’l”‘[hattheA
secure was to be regulaxised fmm
couniing their previous services, wiiei§”~!be peiilieiieris not on
par with regular empieyeesijiefflli1e_*ie:s1iec:iiise”cadre {bi the purpuse
of senierily, pay pension, ie;_iye._a:s:i__i benefits is not
justified and the ‘<:.£-aim.
6. reépuridenis that the petitioners
have put in viiiicijjecanlinuous service as they were
apptainledv feir three months. The respondents
ii iwi)ulL’i’iei311ia*:i1ci’v~- that am the allegations that 49 persons who
mspendentmeuneii on consolidated salary
for Fiifieiionai Literacy Pmgmmme scheme sanctioned
” the Government are concerned. Their salary was paid
get-Qiie instructions issued by the Centre} Government and that
‘i’n~»i:riplementing the scheme the selection of the staff rural literacy
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$5
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8- The questitan that for ct1nside§*.§.t:it);r§V”t’.:’§VI’ _
Court had attained finality. The satne
way of an appeal and the mspondents the *’
by regularising the services of fmm
29.05.1997 and aim they are
entitled. It is deniatwen to count their
pre~regularisatj¢1ti.:v seniority, pension,
pay are before this
Court.
.. X Intttéfaee order of this Court having been
was jusfificaiiun in denying the claim of the
petitit$;1ers’vii’i~;s1)imf’va”s vomiting pre-abs;orpt.it3n services, which for
V Vt ail on par with the regular service emptuyment. The
u u ” tteattiteazttnxivtto the contrary cannot be accepted at this point uftime,
It _ urder of this Cuurt passed, as stated above, has attained
. V _ ‘4 The contention to justify the case uf 49 other persons
whose pre-absorption of services have been taken into
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consideration. Even theugh the petitioners stood _;(>1a«l.fa_~
footing as contended by the Counsel for the ” 2
urged in the petition is the second
that the petitioners are sought to “given ti1’l’)iltI2~tryl’t;:”eetf13’sI1t when 2 L’
those 49 persons who –Cee1;eil an a
eensolidated salary for the ‘Rem! léiteraey programme,
even though by the Central
Gvvfiffifnttttta It is the service
rendered that. wuttlti for the purpuse uf granting the
relief elaimeiieggtdv this Court having held that the
..~ __the’vpetiltli{)iaers_.l3e regularised and treated as regularised
that the benefit especially relating ie their
penlsityltill be conferred on the petitioners with-«nut
ll’-,.._t*e.servati0n,_l’1- Theretbre, the petition deserves to be allowed.
the petition is allowed. The respondents en: directed
.Io_e_t_§unt and eunsider the pre-absorption services of the petitioners
es qualifying services fer the purpose of pensien and other
terminal benefits, The respemients shall give et1’eet to this Order
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