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2025 DAILYLAW 35149 (KAR)

SRI.ASHISH KUMAR K v. STATE OF KARNATAKA

WP/32201/2024 · 2025-01-06

S G Pandit

body2025

Judgment text

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- 1 - NC: 2025:KHC:12 WP No. 32201 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 32201 OF 2024 (S-RES) BETWEEN: SRI.ASHISH KUMAR K S/O SRI KUNNEGOWDA, AGED ABOUT 29 YEARS, R/AT NO.223, 1ST G CROSS, 3RD STAGE, 4TH BLOCK, BASAVESHWARANGARA, BENGALURU - 560 079. …PETITIONER (BY SRI. AJIT KALYAN, ADV.) AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF HOUSING, VIKAS SOUDHA, BENGALURU - 560 001. 2. THE COMMISSIONER KARNATAKA HOUSING BOARD, KAVERI BHAVAN, K G ROAD, BENGALURU - 560 009. …RESPONDENTS (BY SRI.SHIVA REDDY, AGA FOR R1 SMT. PUSHPALATHA K.M., ADV. FOR SRI H.L. PRADEEP KUMAR, ADV. FOR R2) THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECT THE R2 TO CONSIDER THE PETITIONERS REPRESENTATION DATED 08/10/2024 PRODUCED VIDE ANN-E AND CONSEQUENTLY Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12 WP No. 32201 of 2024 APPOINT THE PETITIONER AS A PERMANENT / REGULAR EMPLOYEE OF THE R2, IN ACCORDANCE WITH LAW AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER Though the matter is listed for orders, the matter is taken up for final disposal with the consent of learned counsel for the parties. 2. The petitioner is working on contract basis from 03.08.2023 in the second respondent-office. Learned counsel for the petitioner Sri.Ajit Kalyan submits that there is requirement of an Engineer in the office, in which the petitioner is working. In that regard, learned counsel invites attention of this Court to Annexure-D, letter of the Assistant Executive Engineer, Karnataka Housing Board to the Secretary, Karnataka Housing Board. When there is requirement of an Engineer, the petitioner submits that the case of the petitioner who is working on contract basis - 3 - NC: 2025:KHC:12 WP No. 32201 of 2024 could be considered for regular appointment as Class-II Assistant Technical Officer. 3. The petitioner who is working on contract basis in the office of the second respondent has no right to seek regularization or to consider his case for permanent appointment. If there is any necessity of Class-II Assistant Technical Officer, the second respondent has to follow the regular procedure to fill up the said post by inviting applications and shall have to follow regular selection process. If such application is called for, to fill up the said post, it is open for the petitioner to apply for the said post. At this stage, the petitioner would not be entitled for any mandamus as prayed for in the writ petition. Accordingly, the writ petition stands dismissed. Learned counsel for the petitioner submits that since January 2024, salary of the petitioner is not paid. - 4 - NC: 2025:KHC:12 WP No. 32201 of 2024 Respondents to verify and consider the grievance of the petitioner with regard to salary for the period for which he has worked. Sd/- (S.G.PANDIT) JUDGE MPK CT:bms List No.: 1 Sl No.: 21