After Management Assures Continuity, Karnataka HC Directs College To Keep Attender In Service Until Retirement

The petitioner, employed as an attender/peon at SDM College, Honnavar, challenged the Regional Joint Director’s endorsement dated 11 April 2023 rejecting the proposal for regularisation of his service.

The stated reason was that he had not completed ten years of continuous service when the request was made and the proposal submitted.

The petitioner submitted that he had been in service since 2003 and sought liberty to make a fresh representation after completing ten years.

The college Principal filed an affidavit undertaking that the petitioner would continue in service, on the same service conditions, until retirement and would not be terminated or discontinued for want of regularisation.

The petition invoked Articles 226 and 227 of the Constitution of India.

The operative basis for the Court’s direction was the college Principal’s affidavit undertaking continued employment until retirement.

The Court recorded that the regularisation proposal had been rejected because the petitioner had not completed ten years of service when the proposal was made.

Rather than determine whether the petitioner was legally entitled to regularisation or rule on the challenge to the endorsement, the Court relied on the Principal’s undertaking that the petitioner would remain employed on the same service conditions until retirement and would not be discontinued for non-regularisation.

The order does not decide the merits of any future representation for regularisation.

It did not quash the impugned endorsement or grant an express direction concerning a fresh regularisation representation.

The interim order was discharged, and the Government was directed to process respondent No. 5’s appointment in accordance with law.