- 1 - NC: 2025:KHC:3832 WP No. 26432 of 2023 C/W WP No. 26346 of 2023 WP No. 26549 of 2023 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT W.P.NO.26432/2023 (S-PRO) C/W W.P.NO.26346/2023, W.P.NO.26549/2023 AND W.P.NO.26749/2023 (S-RES) IN WP NO. 26432/2023 BETWEEN: MR. VENKATESH MURTHY J S/O K JAYARAM RAO, AGED ABOUT 48 YEARS, ASSISTANT PROFESSOR, ESIC COLLEGE OF NURSING INDIRANAGAR, BENGALURU R/AT NO.15, VANAMALI, 5TH MAIN, 9TH CROSS, SRINIDHI LAYOUT, BENGALURU SOUTH, DODAKALLASANDRA, BENGALURU-560062. …PETITIONER (BY SRI. M.S.RAJENDRA, ADV.) AND: 1. THE DIRECTOR GENERAL EMPLOYEES STATE INSURANCE CORPORATION, ESIC HEAD QUARTERS OFFICE AT PANCHDEEP BHAVAN, CIG MARG, NEW DELHI–110002. 2. THE UNION OF INDIA MINISTRY OF LABOUR AND EMPLOYMENT Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3832 WP No. 26432 of 2023 C/W WP No. 26346 of 2023 WP No. 26549 of 2023 AND 1 OTHER REPRESENTED BY ITS CHIEF SECRETARY, ESIC HEAD QUARTERS, PANCHDEEP BHAVAN, NEW DELHI – 110002. 3. THE MEDICAL COMMISSIONER (MED. ADM) EMPLOYEES STATE INSURANCE CORPORATION, ESIC HEAD QUARTERS AT PANCHDEEP BHAVAN, NEW DELHI – 110002. …RESPONDENTS (BY SMT. M.P. GEETHADEVI PAPANNA, ADV. FOR R1 & R3 (VC) SMT. DEEPA JAYADEVA, ADV. FOR R2 (VC)) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R1 TO CONSIDER HIS REPRESENTATION DATED 15/09/2023 VIDE ANNEXURE-A IN ACCORDANCE WITH LAW AND REGULARIZE HIS APPOINTMENT AS SOUGHT FOR IN HIS REPRESENTATION AND ETC. IN WP NO. 26346/2023 BETWEEN: DR. BHARTI MUNINARAYANAPPA W/O N V MUNINARAYANAPPA AGED ABOUT 59 YEARS PRINCIPAL AND PROFESSOR ESIC COLLEGE OF NURSING INDIRANAGAR, BENGALURU R/A SF-2, CHAITHRASHREE GRANDS APARTMENTS, 19TH MAIN, IDEAL HOMES TOWNSHIP BEHIND BATA SHOWROOM RAJARAJESHWARINAGAR BENGALURU-560098. ...PETITIONER (BY SRI. M.S. RAJENDRA, ADV.) - 3 - NC: 2025:KHC:3832 WP No. 26432 of 2023 C/W WP No. 26346 of 2023 WP No. 26549 of 2023 AND 1 OTHER AND: 1. THE DIRECTOR GENERAL EMPLOYEES STATE INSURANCE CORPORATION ESIC HEAD QUARTERS OFFICE AT PANCHADEEP BHAVAN, CIG MARG NEW DELHI-110002. 2. THE UNION OF INDIA MINISTRY OF LABOUR AND EMPLOYMENT REPRESENTED BY ITS CHIEF SECRETARY ESIC HEAD QUARTERS PANCHADEEP BHAVAN NEW DELHI-110002. 3. THE MEDICAL COMMISSIONER(MED.ADM.) EMPLOYEES STATE INSURANCE CORPORATION ESIC HEAD QUARTERS AT PANCHDEEP BHAVAN NEW DELHI-110002. 4. THE MEDICAL COMMISSIONER (M.E.CELL) EMPLOYEES STATE INSURANCE CORPORATION ESIC HEAD QUARTERS AT PANCHADEEP BHAVAN NEW DELHI-110002. ...RESPONDENTS (BY SMT. M.P. GEETHADEVI, ADV. FOR R1 & R3 SMT. DEEPA J., ADV. FOR R2) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 TO CONSIDER HER REPRESENTATION DATED 15.09.2023 VIDE ANNX-A IN ACCORDANCE WITH LAW AND REGULARIZE HER APPOINTMENT AS SOUGHT FOR IN HER REPRESENTATION AND ETC. - 4 - NC: 2025:KHC:3832 WP No. 26432 of 2023 C/W WP No. 26346 of 2023 WP No. 26549 of 2023 AND 1 OTHER IN WP NO. 26549/2023 BETWEEN: DR. NISHA CLEMENT W/O I CLEMENT, AGED ABOUT 45 YEARS, ASSOCIATE PROFESSOR, ESIC COLLEGE OF NURSING, INDIRANAGAR, BENGALURU, R/AT NO.17, 1ST MAIN, 7TH CROSS, MYSORE RING ROAD, R R LAYOUT, NAGADEVANAHALLI, BENGALURU- 560056. ...PETITIONER (BY SRI. M.S. RAJENDRA, ADV.) AND: 1. THE DIRECTOR GENERAL EMPLOYEES STATE INSURANCE CORPORATION, ESIC HEAD QUARTERS OFFICE AT PANCHDEEP BHAVAN, CIG MARG, NEW DELHI-110002. 2. THE UNION OF INDIA MINISTRY OF LABOUR AND EMPLOYMENT, REP. BY ITS CHIEF SECRETARY, ESIC HEAD QUARTERS, PANCHDEEP BHAVAN, NEW DELHI- 110002. 3. THE MEDICAL COMMISSIONER (MED.ADM) EMPLOYEES STATE INSURANCE CORPORATION, ESIC HEAD QUARTERS AT PANCHDEEP BHAVAN, NEW DELHI -110002. ...RESPONDENTS (BY SMT. M.P. GEETHADEVI, ADV. FOR R1 & R3 SMT. DEEPA JAYADEVA, ADV. FOR R2) - 5 - NC: 2025:KHC:3832 WP No. 26432 of 2023 C/W WP No. 26346 of 2023 WP No. 26549 of 2023 AND 1 OTHER THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 TO CONSIDER THE REPRESENTATION DATED 15/09/2023 VIDE ANNEXURE-A IN ACCORDANCE WITH LAW AND REGULARIZE HER APPOINTMENT AS SOUGHT FOR IN HER REPRESENTATION AND ETC. IN WP NO. 26749/2023 BETWEEN: DR. VIJAYARANI M W/O G BALAMURUGAN, AGED ABOUT 41 YEARS, ASSISTANT PROFESSOR, ESIC COLLEGE OF NURSING, INDIRANAGAR, BENGALURU R/AT NO.815/5, 17TH MAIN, GOKULA LAYOUT, 1ST STAGE, 1ST PHASE, BENGALURU-560054. ...PETITIONER (BY SRI. M.S. RAJENDRA, ADV.) AND: 1. THE DIRECTOR GENERAL EMPLOYEES STATE INSURANCE CORPORATION, ESIC HEAD QUARTERS OFFICE AT PANCHDEEP BHAVAN, CIG MARG, NEW DELHI-110002. 2. THE UNION OF INDIA MINISTRY OF LABOUR AND EMPLOYMENT REP. BY ITS CHIEF SECRETARY, ESIC HEAD QUARTERS, PANCHDEEP BHAVAN, NEW DELHI - 110002. - 6 - NC: 2025:KHC:3832 WP No. 26432 of 2023 C/W WP No. 26346 of 2023 WP No. 26549 of 2023 AND 1 OTHER 3. THE MEDICAL COMMISSIONER (MED. ADM) EMPLOYEES STATE INSURANCE CORPORATION, ESIC HEAD QUARTERS AT PANCHDEEP BHAVAN, NEW DELHI - 110002 ...RESPONDENTS (BY SMT. M.P. GEETHADEVI, ADV. FOR R1 & R3 SMT. DEEPA JAYADEVA, ADV. FOR R2) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 1ST RESPONDENT TO CONSIDER HER REPRESENTATION DATED 15.09.2023 VIDE ANNEXURE-A IN ACCORDANCE WITH LAW AND REGULARIZE HER APPOINTMENT AS SOUGHT FOR IN HER REPRESENTATION AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER Though the writ petitions are listed for orders, since common prayer is sought in all the writ petitions, with the consent of learned counsel for the parties, all the petitions are taken up for final disposal and disposed of by this common order. 2. The petitioners working as Assistant Professors, Principal, Professors and Associate Professors, respectively - 7 - NC: 2025:KHC:3832 WP No. 26432 of 2023 C/W WP No. 26346 of 2023 WP No. 26549 of 2023 AND 1 OTHER in the above writ petitions are before this Court, with the common prayers, which are as follows: (i) Direct/Issue a writ of mandamus or a direction in the nature of the writ directing the 1st respondent to consider his representation dated 15.09.2023 vide Annexure-A in accordance with law and regularize his appointment as sought for in his representation; or in the alternative (ii) Direct the respondents by way of writ or pass an order in the nature of a writ and direct the respondents to regularize the services of the petitioner and incorporate the pay scale given to a regular appointee to the petitioner. 3. The brief facts of the case are that, the first respondent-Employees’ State Insurance Corporation (for short “Corporation”) under Annexure-R1/Recruitment Notification dated 02.05.2013 invited applications from the eligible candidates to fill up the post of Principal-cum- Professor, Vice-Principal–cum-Professor, Associate Professor and Assistant Professor in the ESI Nursing Colleges at Bangalore on contract basis. After selection - 8 - NC: 2025:KHC:3832 WP No. 26432 of 2023 C/W WP No. 26346 of 2023 WP No. 26549 of 2023 AND 1 OTHER process and interview, the petitioners were appointed as Assistant Professor, Principal-cum-Professor, Associate Professor and Assistant Professor, respectively on 21.06.2013. It is the case of the petitioners that they are continuously working as such, on contract basis. As the petitioners are working for more than 10 years, the petitioners submitted representation dated 15.09.2023 (Annexure-A1) requesting the respondents to regularize or absorb their services into the service of Corporation. As the said representation is kept pending and as no decision is taken, the petitioners are before this Court with a prayer for a direction to consider their representations for regularization or in the alternative to direct the respondents to regularize their services. 4. Heard learned Sri.M.S.Rajendra for Sri.Vivek Holla, learned counsel for petitioners and Smt.Geethadevi Papanna, learned counsel for respondent Nos.1 and 3. Perused the entire writ petition papers. - 9 - NC: 2025:KHC:3832 WP No. 26432 of 2023 C/W WP No. 26346 of 2023 WP No. 26549 of 2023 AND 1 OTHER 5. Learned counsel Sri.Rajendra would submit that in pursuance of Annexure-R1/Notification dated 02.05.2013, calling applications to fill up the posts of Principal-cum- Professor, Vice-Principal–cum-Professor, Associate Professor and Assistant Professor on contract basis, the petitioners submitted their applications. Learned counsel inviting attention of this Court to Annexure-R1 submits that while calling for applications, roster and reservation was also followed. On undergoing selection process and on interview, the petitioners were appointed as Assistant Professor, Principal-cum-Professor/Associate Professor and Assistant Professor respectively on 21.06.2013. Since then the petitioners are working continuously as such, on contract basis. Learned counsel would submit that when the respondent-Corporation resorted to replace the petitioners by another set of temporary or contractual appointees by inviting applications, the petitioners were before this Court in W.P.No.6878/2020 and this Court, by order dated 30.08.2021 allowed the writ petition, directing - 10 - NC: 2025:KHC:3832 WP No. 26432 of 2023 C/W WP No. 26346 of 2023 WP No. 26549 of 2023 AND 1 OTHER the respondents to continue the petitioners till regular recruitment takes place or till they attain the age of superannuation, keeping open the question of regularization by respondents. 6. Learned counsel would submit that the petitioners are working on contract basis after having faced regular recruitment process and they are working against the sanctioned posts in the respondent-Corporation. As they fulfill the criteria laid down for regularization as per the decision of the Hon'ble Apex Court in The Secretary, State of Karnataka and others V/S Umadevi and others reported in (2006) 4 SCC 01, learned counsel would submit that the petitioners are entitled for regularization. Hence, he prays for allowing the writ petitions, by directing the respondents to regularize the services of the petitioners. 7. Per contra, learned counsel Smt.Geethadevi Papanna for respondent-Corporation opposed the prayer of the - 11 - NC: 2025:KHC:3832 WP No. 26432 of 2023 C/W WP No. 26346 of 2023 WP No. 26549 of 2023 AND 1 OTHER petitioners. Learned counsel would submit that the petitioners are appointed on contract basis and they are continued on contract basis till this date. It is submitted that contractual appointees would not get any right to seek regularization. Moreover, it is submitted that the petitioners have accepted contractual appointment and they are working on contract basis. Hence, they could not seek for regularization. Further, learned counsel would submit that the respondent-Corporation has not resorted to regular recruitment since the Cadre and Recruitment Rules of the Corporation is pending approval before the second respondent/Central Government. 8. Learned counsel for the respondent-Corporation places reliance on the decision of the Hon’ble Apex Court reported in (2023) SCC Online SC 1417 in the case of GANESH DIGAMBER JAMBHRUNKAR AND OTHERS v/s STATE OF MAHARASHTRA AND OTHERS to contend that by working for a long period of time on contractual basis, one would not acquire any vested legal - 12 - NC: 2025:KHC:3832 WP No. 26432 of 2023 C/W WP No. 26346 of 2023 WP No. 26549 of 2023 AND 1 OTHER right to be appointed in the respective posts on regular basis. Learned counsel also places reliance on the decision of HARGURPRATAP v/s STATE OF PUNJAB AND OTHERS reported in (2007)13 SCC 292 to contend that contractual appointees are not entitled for regularization or for equal pay. Thus, learned counsel would pray for dismissal of the writ petition. 9. Having heard the learned counsel for the parties and on perusal of the writ petition papers, the only point which falls for consideration is as to whether the petitioners would be entitled for a direction to consider their case for regularization? 10. Answer to the above point would be in the affirmative and the petitioners would be entitled for a direction to consider their representation for regularization of their appointment. There is no dispute with regard to appointment of petitioners on contractual basis, in pursuance of the - 13 - NC: 2025:KHC:3832 WP No. 26432 of 2023 C/W WP No. 26346 of 2023 WP No. 26549 of 2023 AND 1 OTHER Recruitment Notification dated 02.05.2013 (Annexure-R1). A perusal of Annexure-R1 makes it abundantly clear that applications invited by respondent-Corporation is for appointment on contract basis. The notification indicates the classification of vacancy and the reservation applied to the posts in question. The notification also makes it clear that Reservation Policy of Central Government is being followed. The selection process indicates that the selection is on the basis of performance of a candidate in interview before the Selection Board. The petitioners were interviewed by the properly constituted Selection Board and thereafter, the petitioners were appointed in the posts in which they are continued to work. Therefore, it is clear that the petitioners before their appointment on contract basis have undergone regular selection process. 11. The petitioners are admittedly working in the respondent-Corporation on contract basis for last more than 10 years. No regular recruitment has taken place till this date. As submitted by learned counsel for - 14 - NC: 2025:KHC:3832 WP No. 26432 of 2023 C/W WP No. 26346 of 2023 WP No. 26549 of 2023 AND 1 OTHER respondent-Corporation, regular recruitment has not taken place, since Cadre and Recruitment Rules is pending approval before the second respondent-Central Government. 12. The petitioners are appointed to sanctioned posts. The memorandum dated 1st May 2013 produced along with memo dated 28.01.2025 indicates that as on that date, there were following sanctioned posts: TABLE- 1 Post of Nursing Faculty sanctioned as per NCI norms Sl.No. Faculty [1] Sanctioned 1. Principal cum Professor 1 2. Vice Principal cum Professor 1 3. Reader/Associate Professor 2 4. Lecturer/Asst. Professor 3 5. Tutor/Clinical Instructor 19* * Utilization of posts of tutors will be need based. 13. When the petitioners are appointed against sanctioned posts by the Competent Authority by following the regular recruitment process and also by following reservation policy, it cannot be said that petitioners’ appointment is irregular or back door entry. When the - 15 - NC: 2025:KHC:3832 WP No. 26432 of 2023 C/W WP No. 26346 of 2023 WP No. 26549 of 2023 AND 1 OTHER petitioners are appointed on contract basis by following regular recruitment process on the basis of reservation policy, they would get a right for seeking regularization. 14. Learned counsel for respondents places reliance on the decision of GANESH DIGAMBER JAMBHRUNKAR (supra) to contend that the contract employees though worked for a long period would not get any right or acquire any vested legal right to be appointed in the respective posts on regular basis. In the said decision, petitioners approached the Court questioning the recruitment notification issued for regular recruitment and consequently sought for regularization. In that circumstances, the Hon’ble Apex Court has observed that the petitioners sought regulation to the posts for which appointment process has been started. In the instant case, it is not so. There is no regular recruitment process initiated to fill up the posts in which the petitioners are working. - 16 - NC: 2025:KHC:3832 WP No. 26432 of 2023 C/W WP No. 26346 of 2023 WP No. 26549 of 2023 AND 1 OTHER 15. The Hon’ble Supreme Court in a recent decision reported in 2024 SCC Online SC 3826 in the case of JAGGO v/s UNION OF INDIA AND OTHERS where the Hon’ble Apex Court was considering a case of regularization at paragraphs 10, 16 and 25 has held as follows: “10. Having given careful consideration to the submissions advanced and the material on record, we find that the appellants' long and uninterrupted service, for periods extending well beyond ten years, cannot be brushed aside merely by labelling their initial appointments as part-time or contractual. The essence of their employment must be considered in the light of their sustained contribution, the integral nature of their work, and the fact that no evidence suggests their entry was through any illegal or surreptitious route. 16. The appellants' consistent performance over their long tenures further solidifies their claim for regularization. At no point during their engagement did the respondents raise any issues regarding their competence or performance. On the contrary, their services were extended repeatedly over the years, and their remuneration, though minimal, was incrementally increased which was an - 17 - NC: 2025:KHC:3832 WP No. 26432 of 2023 C/W WP No. 26346 of 2023 WP No. 26549 of 2023 AND 1 OTHER implicit acknowledgment of their satisfactory performance. The respondents' belated plea of alleged unsatisfactory service appears to be an afterthought and lacks credibility. 25. It is a disconcerting reality that temporary employees, particularly in government institutions, often face multifaceted forms of exploitation. While the foundational purpose of temporary contracts may have been to address short-term or seasonal needs, they have increasingly become a mechanism to evade long-term obligations owed to employees. These practices manifest in several ways: • Misuse of "Temporary" Labels: Employees engaged for work that is essential, recurring, and integral to the functioning of an institution are often labeled as "temporary" or "contractual," even when their roles mirror those of regular employees. Such misclassification deprives workers of the dignity, security, and benefits that regular employees are entitled to, despite performing identical tasks. • Arbitrary Termination: Temporary employees are frequently dismissed without cause or notice, as seen in the present case. This practice undermines the principles of natural justice and subjects workers to a state - 18 - NC: 2025:KHC:3832 WP No. 26432 of 2023 C/W WP No. 26346 of 2023 WP No. 26549 of 2023 AND 1 OTHER of constant insecurity, regardless of the quality or duration of their service. • Lack of Career Progression: Temporary employees often find themselves excluded from opportunities for skill development, promotions, or incremental pay raises. They remain stagnant in their roles, creating a systemic disparity between them and their regular counterparts, despite their contributions being equally significant. • Using Outsourcing as a Shield: Institutions increasingly resort to outsourcing roles performed by temporary employees, effectively replacing one set of exploited workers with another. This practice not only perpetuates exploitation but also demonstrates a deliberate effort to bypass the obligation to offer regular employment. • Denial of Basic Rights and Benefits: Temporary employees are often denied fundamental benefits such as pension, provident fund, health insurance, and paid leave, even when their tenure spans decades. This lack of social security subjects them and their families to undue hardship, especially in cases of illness, retirement, or unforeseen circumstances.” - 19 - NC: 2025:KHC:3832 WP No. 26432 of 2023 C/W WP No. 26346 of 2023 WP No. 26549 of 2023 AND 1 OTHER As observed by the Hon’ble Apex Court, in the instant case also the petitioners’ initial appointment on contract basis is by following the procedure prescribed and there was compliance with Article-14 and 16 of the Constitution of India. It is also to be noticed that the petitioners’ services are extended from time to time and there is need for their services in the respondent-Corporation. 16. Learned counsel for the petitioners submitted that instead of directing consideration of representation, the respondents be directed to regularize services of the petitioners. The prayer of the petitioners for regularization of their services would not arise at this stage, since the respondent-Corporation has not yet taken a decision or refused the prayer of the petitioners. In the said circumstances, the following order: (i) The writ petitions are disposed of. (ii) The respondent Nos.1 and 3 are directed to consider the representation of the petitioners dated 15.09.2023 (Annexure-A) in all the writ petitions, - 20 - NC: 2025:KHC:3832 WP No. 26432 of 2023 C/W WP No. 26346 of 2023 WP No. 26549 of 2023 AND 1 OTHER requesting regularization of their appointment and to pass appropriate order in the light of the observations made above, within a period of 8 weeks from the date of uploading of this order on the official website of High Court of Karnataka. Sd/- (S.G.PANDIT) JUDGE MPK CT:bms List No.: 1 Sl No.: 18