P M BHARATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN these writ petitions the petitioners have prayed for a writ in the nature of certiorari to quash the endorsements dated 14.03.2012 as per Annexure H to H7 rejecting the claim of petitioners for regularisation.

(2.) PETITIONERS contend that they are appointed on daily wages in different departments under the respondent Zilla Panchayat. The department heads where the petitioners are working sent proposals for regularisation stating that the petitioners have fulfilled the four conditions specified in the Government Orders dated 28.09.2011 and 19.09.2011. Without considering the recommendations made by the departmental heads of the petitioners the respondent Zilla Panchayat passed the impugned orders rejecting the claim of petitioners. Therefore the matter requires reconsideration. Further the Supreme Court in the case of State of Karnataka Vs. M.L. Kesari, AIR 2010 SC 2587, while explaining the applicability of the observations made in the case of State of Karnataka Vs. Umadevi (AIR 2006 SC 1806), specified under what circumstances an employee concerned is to be regularised. Keeping in view the law declared by the Apex Court in Kesari's case and also the recommendations made by the departmental heads of the petitioners, the respondents shall consider the cases of the petitioners.