WP NO.1663/2021 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T WRIT PETITION NO.1663 OF 2021 (S-KSAT) BETWEEN: 1. SRI MURALIDHAR K. R. S/O. RAJANNA SHETTY AGED ABOUT 37 YEARS WORKING AS PEON GOVERNMENT FIRST GRADE COLLEGE KOPPA POST, MADDUR TALUK MANDYA DISTRICT - 571 425. 2. SMT. BHAVANI D/O. BHAIRASHETTY AGED ABOUT 32 YEARS WORKING AS PEON GOVERNMENT FIRST GRADE COLLEGE KOPPA POST, MADDUR TALUK MANDYA DISTRICT - 571 425. 3. SRI B. J. HANUMANTHAPPA S/O. B. S. JAYANNA AGED ABOUT 46 YEARS WORKING AS PEON H.P.P.C. GOVERNMENT FIRST GRADE COLLEGE, CHALLEKERE CHALLEKERE TALUK CHITRADURGA DISTRICT - 577 522. 4. SRI K. CHANDRA S/O. KRISHNAPPA AGED ABOUT 45 YEARS WORKING AS PEON GOVERNMENT WOMEN COLLEGE, MANDYA MANDYA TALUK AND DISTRICT - 571 402. WP NO.1663/2021 2 5. SRI YOGARAJ S. S/O. SANNAPPA R. AGED ABOUT 33 YEARS WORKING AS PEON GOVERNMENT FIRST GRADE COLLEGE HOSADURGA, HOSADURGA TALUK CHITRADURGA DISTRICT - 577 527. …PETITIONERS (BY SRI VIJAYA KUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY HIGHER EDUCATION DEPARTMENT M. S. BUILDING DR. AMBEDKAR ROAD BENGALURU - 560 001. 2. THE COMMISSIONER DEPARTMENT OF COLLEGIATE EDUCATION PALACE ROAD BENGALURU - 560 001. 3. THE DIRECTOR DEPARTMENT OF COLLEGIATE EDUCATION PALACE ROAD BENGALURU - 560 001. 4. THE JOINT DIRECTOR DEPARTMENT OF COLLEGIATE EDUCATION PALACE ROAD BENGALURU - 560 001. 5. THE STATE OF KARNATAKA REPRESENTED BY IT PRINCIPAL SECRETARY DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION VIDHANA SOUDHA BENGALURU - 560 001. WP NO.1663/2021 3 6. THE PRINCIPAL SRI MAHADESHWAR GOVERNMENT FIRST GRADE COLLEGE KOLLEGAL TALUK CHAMARAJANAGAR DISTRICT - 571 440. 7. THE PRINCIPAL SRI R. N. D. GOVERNMENT FIRST GRADE COLLEGE MULUGUND GADAG DISTRICT - 582 117. 8. THE PRINCIPAL C. M. MAMANI GOVERNMENT FIRST GRADE COLLEGE YARAGATTI, SAUNDATTI TALUK BELAGAVI DISTRICT - 591 129. 9. THE PRINCIPAL GOVERNMENT FIRST GRADE COLLEGE KOPPA POST, MADDUR TALUK MANDYA DISTRICT - 571 425. 10. THE PRINCIPAL GOVERNMENT FIRST GRADE COLLEGE HOSADURGA TALUK CHITRADURGA DISTRICT - 577 527. 11. THE PRINCIPAL GOVERNMENT FIRST GRADE COLLEGE PANDAVAPURA MANDYA DISTRICT - 571 434. 12. THE PRINCIPAL GOVERNMENT FIRST GRADE COLLEGE SINDAGI BIJAPUR DISTRICT - 586 128. 13. THE PRINCIPAL GOVERNMENT FIRST GRADE COLLEGE CHITRADRUGA, HUMNABAD BIDAR DISTRICT - 577 522. WP NO.1663/2021 4 14. THE PRINCIPAL GOVERNMENT FIRST GRADE COLLEGE BAILHONGAL BELAGAVI DISTRICT - 591 102. 15. THE PRINCIPAL GOVERNMENT FIRST GRADE COLLEGE VEMAGAL, KOLAR TALUK KOLAR DISTRICT - 563 102. 16. THE PRINCIPAL S. S. GOVERNMENT FIRST GRADE COLLEGE NARAGUND, NARAGUND TALUK GADAG DISTRICT - 582 207. 17. THE PRINCIPAL H.P.P.C. GOVERNMENT FIRST GRADE COLLEGE CHALLAKERE CHITRADURGA DISTRICT - 577 522. 18. THE PRINCIPAL GOVERNMENT WOMEN'S COLLEGE MANDYA MANDYA DISTRICT - 571 401. 19. THE PRINCIPAL SKMM GOVERNMENT FIRST GRADE COLLEGE SAUNDATTI BELAGAVI DISTRICT - 591 129. 20. THE PRINCIPAL GOVERNMENT FIRST GRADE COLLEGE K.R. NAGAR MYSURU DISTRICT - 570 001. 21. THE PRINCIPAL GOVERNMENT FIRST GRADE COLLEGE INDI, INDI TALUK BIJAPUR DISTRICT - 586 128. WP NO.1663/2021 5 22. SRI KUMAR BETAGERI S/O. FAIKRAPPA AGED ABOUT 37 YEARS WORKING AS PEON SRI SIDDESHWAR GOVERNMENT FIRST GRADE COLLEGE NARAGUND GADAG DISTRICT - 582 207. 23. SRI AMRUTAPPA D. DODMANI S/O. DYAMAPPA AGED ABOUT 31 YEARS WORKING AS PEON SRI R. N. D. GOVERNMENT FIRST GRADE COLLEGE MULGUND GADAG DISTRICT - 582 117. 24. SRI RAMANNA N. GUDAGER S/O. NAGAPPA AGED ABOUT 57 YEARS WORKING AS PEON SRI R. N. D. GOVERNMENT FIRST GRADE COLLEGE MULGUND GADAG DISTRICT - 582 117. 25. SRI MAHESH KUMAR N. S/O. LATE NANJAIAH AGED ABOUT 35 YEARS WORKING AS PEON SRI MAHADESHWARA GOVERNMENT FIRST GRADE COLLEGE KOLLEGAL, KOLLEGAL TALUK CHAMARAJANAGAR DISTRICT - 571 440. 26. SRI S. MAHENDRA S/O. SIDDAIAH AGED ABOUT 37 YEARS WORKING AS PEON SRI MAHADESHWARA GOVERNMENT FIRST GRADE COLLEGE KOLLEGAL, KOLLEGAL TALUK CHAMARAJANAGAR DISTRICT - 571 440. WP NO.1663/2021 6 27. SRI PUTTASWAMY S/O. MADAIAH AGED ABOUT 35 YEARS WORKING AS PEON SRI MAHADESHWARA GOVERNMENT FIRST GRADE COLLEGE KOLLEGAL, KOLLEGAL TALUK CHAMARAJANAGAR DISTRICT - 571 440. 28. SRI SURESH MUDENNAVAR S/O. SHANKARAPPA AGED ABOUT 37 YEARS WORKING AS PEON S.K.M.M. GOVERNMENT FIRST GRADE COLLEGE SAUNDATTI, SAUNDATTI TALUK BELGAVI DISTRICT - 591 126. 29. SMT. REHANA BANU A. D/O. KHASIM SAB A. AGED ABOUT 38 YEARS WORKING AS PEON H.P.P.C. GOVERNMENT FIRST GRADE COLLEGE CHALLEKERE, CHALLEKERE TALUK CHITRADURGA DISTRICT - 577 522. 30. SRI M. MUNISHAMAPPA S/O. E. MUNIYAPPA AGED ABOUT 46 YEARS WORKING AS PEON GOVERNMENT FIRST GRADE COLLEGE VEMAGAL, KOLAR TALUK KOLAR DISTRICT - 563 102. 31. SRI GUDUSAB S/O. KARIM SAB AGED ABOUT 20 YEARS WORKING AS PEON GOVERNMENT FIRST GRADE COLLEGE CHITAGUPPA, HUMNABAD BIDAR DISTRICT - 585 412. WP NO.1663/2021 7 32. SRI A. K. MURTHY AGED ABOUT 39 YEARS WORKING AS PEON GOVERNMENT SCIENCE COLLEGE CHITRADURGA - 577 501. 33. SRI RAMESHA B. S/O. LATE BASAVARAJU AGED ABOUT 30 YEARS GOVERNMENT FIRST GRADE COLLEGE PANDAVAPURA MANDYA DISTRICT - 571 434. 34. SRI N. G. MURALIDHAR S/O. GOVINDAPPA K. T. AGED ABOUT 33 YEARS WORKING AS PEON GOVERNMENT FIRST GRADE COLLEGE HOSADURGA TALUK CHITRADURGA DISTRICT - 571 440. 35. SMT. FAREEDA KHATOON D/O. NAZEER K. AGED ABOUT 40 YEARS WORKING AS PEON S. S. GOVERNMENT FIRST GRADE COLLEGE K. R. NAGAR MYSURU DISTRICT - 571 440. 36. SRI BASAVARAJ PATTED S/O. MAHARUDRAPPA AGED ABOUT 39 YEARS WORKING AS PEON C. M. MAMANI GOVERNMENT FIRST GRADE COLLEGE YARAGATTI, SAUNDATTI TALUK BELGAVI DISTRICT - 591 129. 37. SRI RUDRAPPA SAVALGI S/O. BASAPPA AGED ABOUT 22 YEARS WORKING AS PEON C. M. MAMANI GOVERNMENT FIRST GRADE COLLEGE YARAGATTI, SAUNDATTI TALUK BELAGAVI DISTRICT - 591 129. WP NO.1663/2021 8 38. SRI MANJAYYA M. MATAPATHI S/O. MALLAYYA AGED ABOUT 44 YEARS WORKING AS PEON S. S. GOVERNMENT FIRST GRADE COLLEGE NARAGUND TALUK GADAG DISTRICT - 591 129. 39. SRI R. M. BIRADAR S/O. MALLANGOUDA BIRADAR AGED ABOUT 36 YEARS WORKING AS PEON GOVERNMENT FIRST GRADE COLLEGE INDI, INDI TALUK BIJAPUR DISTRICT - 586 209. 40. SRI RAMAPPA B.MATTIKOPP S/O. BASAVANTAPPA AGED ABOUT 46 YEARS WORKING AS PEON GOVERNMENT FIRST GRADE COLLEGE BAILHONGAL POST AND TALUK BELGAUM DISTRICT - 591 102. 41. SRI SANTOSH L. BADAGI S/O. LACHAPPA AGED ABOUT 29 YEARS WORKING AS PEON GOVERNMENT FIRST GRADE COLLEGE SINDAGI, SINDAGI TALUK BIJAPUR DISTRICT - 586 128. 42. SRI CHANNAMURTHY H. S/O. HANUMANTHAPPA AGED ABOUT 34 YEARS WORKING AS PEON GOVERNMENT FIRST GRADE COLLEGE HOSADURGA CHITRADURGA DISTRICT - 577 527. WP NO.1663/2021 9 43. SRI GIRISH BABU S/O. OBALAIAH AGED ABOUT 41 YEARS WORKING AS PEON GOVERNMENT FIRST GRADE COLLEGE HOSADURGA CHITRADURGA DISTRICT - 577 527. 44. SRI MAHESWARAPPA M. R. S/O. RAMAIAH AGED ABOUT 40 YEARS WORKING AS PEON GOVERNMENT FIRST GRADE COLLEGE HOSADURGA CHITRADURGA DISTRICT - 577 527. 45. SMT. DYANAMMA B. S. D/O. SIDDAPPA AGED ABOUT 48 YEARS WORKING AS PEON GOVERNMENT FIRST GRADE COLLEGE HOSADURGA CHITRADURGA DISTRICT - 577 527. 46. SMT. C. RANGAMMA D/O. CHADRAPPA AGED ABOUT 34 YEARS WORKING AS PEON GOVERNMENT FIRST GRADE COLLEGE HOSADURGA CHITRADURGA DISTRICT - 577 527. …RESPONDENTS (BY SRI VIKAS ROJIPURA, A.G.A., FOR R-1 TO R-21, SMT. B. V. VIDYULATHA, ADVOCATE, FOR R-33, & R-22, 23, 24, 25, 26, 27, 28, 30, 31, 34, 35, 36, 37, 38, 39, 41, 42, 43, 44, 45 AND 46 ARE SERVED AND UNREPRESENTED) * * * WP NO.1663/2021 10 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE AN ORDER OR DIRECTION TO SET ASIDE THE ORDER DATED 28-8-2020 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU, IN APPLICATION NOS.5910-5939 OF 2017 VIDE ANNEXURE-A. THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED ON 4-2-2025, COMING ON FOR PRONOUNCEMENT, THIS DAY, VENKATESH NAIK T. J., PRONOUNCED THE FOLLOWING: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and HON'BLE MR JUSTICE VENKATESH NAIK T CAV ORDER (PER: HON'BLE MR JUSTICE VENKATESH NAIK T.) This writ petition is filed by the petitioners challenging the order dated 28-8-2020 passed by the Karnataka State Administrative Tribunal, Bengaluru, in Application Nos.5910- 5939 of 2017. 2. The brief facts of the case are that, the petitioners were appointed as Group 'D' part-time (menial) employees in Government First Grade Colleges between the year 1999 and 2003 and were paid a consolidated salary of Rs.200/- to 300/- per month and subsequently, the same was enhanced to Rs.3,000/- per month. The petitioners were working against the sanctioned posts and their salaries were being paid from the WP NO.1663/2021 11 Department. Even though the petitioners were appointed on part-time basis, they have been entrusted to work the whole day and paid meagre salary. Hence, the petitioners submitted their representations seeking direction to the respondents to pay at least the minimum basic pay, which has been paid to regular Group 'D' employees, from the date of their appointments and also to extend the benefits provided under the Karnataka Daily Wage Employees Welfare Act, 2012 (for short, 'Act'). However, the respondents rejected their representations vide order dated 7-7-2017 and they also cancelled the provisions relating to Rule 55(2)(b) of the Contingency Funds through which the wages of the petitioners were being paid. Being aggrieved by the said order, the petitioners approached the Tribunal in Application Nos.5910-5939 of 2017, whereby the Tribunal, considering the material available on record, dismissed the application. Thus, the petitioners are before this Court. 3. Heard Sri Vijaya Kumar, learned counsel for the petitioners, Sri Vikas Rojipura, learned Additional Government Advocate for respondent Nos.1 to 21, so also WP NO.1663/2021 12 Smt. B.V. Vidyulatha, learned counsel for respondent No.33, and perused the entire material available on record. 4. Learned counsel for the petitioners has contended that the petitioners were appointed as part-time menial workers against the Group 'D' posts and they were entrusted to work whole day and did the work of Group 'D' cadre. In terms of the Government Order dated 6-8-1990, pursuant to Dharwad Daily Wage Employees case and subsequent orders issued prior to the decision of the Hon'ble Apex Court in the case of Secretary, State of Karnataka and Others v. Umadevi and Others, reported in (2006) 4 SCC 1, all those daily wage employees who have completed ten years of 'continuous service', appointed against a substantive vacancy with prescribed qualifications as per Cadre & Regularisation Rules, were granted the benefit of regularisation. Thus, he vehemently contended that the petitioners have fulfilled all conditions stipulated in Umadevi's case and also the conditions prescribed for inclusion of their names under the Act. As per the Act, the cut off date fixed, i.e. 'not less than ten years of service as daily wage employees as on 10-4-2006', cannot be a reason to reject the claim of the WP NO.1663/2021 13 petitioners to include their claim under the Act. He contended that the petitioners' appointments were made against the sanctioned posts and they are eligible for Group-'D' posts by rendering more than ten years of continuous service without any break. Hence, the Government ought to have granted benefit under the Act and the endorsement rejecting their claim on the ground that there is a bar for inclusion of the part-time menial workers would be discriminatory and violative of Articles 14 and 16 of the Constitution of India. Hence, he prayed to allow the petition. 5. On the other hand, the learned Additional Government Advocate has taken up the contention that the impugned orders passed by the Tribunal are in accordance with law and there is no violation of the Government Order dated 27-6-1995 issued by the State Finance Department. Hence, he prayed to dismiss the petition. 6. From perusal of the material available on record, it appears that, the petitioners were appointed on part-time basis between the year 1999 and 2003. As per Annexures-R1 to R3, WP NO.1663/2021 14 the petitioners were paid consolidated salary of Rs.200/- from State Contingency Funds. 7. As per Section 2(a) of The Karnataka Daily Wage Employees Act, 2012, "The daily wage employee" means an employee engaged by the Government or local bodies on daily wage basis, who has worked and completed not less than 10 years of service as daily wage employee as on 10th April, 2006 and who is working as such on the date of commencement of this Act. 8. The petitioners were appointed on part-time basis between the year 1999 and 2003. Thus, they have not completed ten years of service as on 10th April, 2006. Since the petitioners do not come within definition of Section 2(a) of the Act, the said Act is not applicable to the petitioners, who are working as part-time menial workers. Menial is an unskilled work, who works in education Institutions or factory which cannot be called as either part-time employees or daily wage employees at any point of time. Therefore, there is no question of violation of Articles 14 and 16 of the Constitution of India. WP NO.1663/2021 15 9. Further, the learned counsel for the petitioners relied upon the decision of the Hon'ble Apex Court in Umadevi's case, wherein the Hon'ble Apex Court asserted that the employees appointed on a temporary basis do not have a fundamental right to claim permanent employment or equal pay with regular employees. Regular appointments must follow constitutional procedures and temporary employment does not hold permanent status. The Hon'ble Apex Court held that the principles of equality of opportunity and fairness in public employment ensured that permanent status cannot be granted only on the basis of temporary employment. 10. In this case, the petitioners were working as part-time menial workers and contingent wages were paid to them. It is not in dispute that there are no sanctioned posts of Group-'D' in the Office of the respondents-Colleges, in which, the petitioners were working. The observation made in the preceding paragraph that they have worked continuously for whole day is without any basis and for which, there is no supporting evidence. It is not the case of the petitioners that their appointments were done after WP NO.1663/2021 16 following due procedure of selection and to that extent, it cannot be said that their appointments were regular. Hence, the order passed by the Tribunal does not call for any interference. Accordingly, the petition is dismissed. No order as to costs. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE kvk