Karnataka HC Gives 115 KVAFSU Employees One Month To Renew Service Claims, Requires A Decision Within Six Weeks of Submission

In brief

The question

1. Whether the petition should be disposed of in terms of the order in Smt. Lakshmi, while reserving liberty to the petitioners to submit a fresh representation.

The court held

The petition was disposed of in terms of the order in Smt. Lakshmi.

It also directed

The petitioners were granted one month from receipt of the order to submit a fresh representation, and the respondents were directed to consider and decide it within six weeks of submission, bearing in mind Smt. Lakshmi and in accordance with law. No substantive relief on the employment claims was granted or refused.

01Facts

The 115 petitioners, employees of the Karnataka Veterinary, Animal and Fisheries Sciences University and associated institutions, challenged the University’s notification and scorecard dated 23 November 2018 and sought, among other reliefs, consideration for regularisation, pay and associated benefits.

pp. 21–23

After hearing the parties, petitioners’ counsel asked that the petition be disposed of in terms of Smt. Lakshmi v. Karnataka Veterinary Animal & Fisheries, W.P. No. 7911/2026, with liberty to make a fresh representation. The respondents stated that any such representation would be considered and decided in accordance with law.

pp. 23–24

02Issues

i.1. Whether the petition should be disposed of in terms of the order in Smt. Lakshmi, while reserving liberty to the petitioners to submit a fresh representation.

pp. 23–24

ii.2. Whether the Court should determine the petitioners’ substantive claims concerning the 2018 notification, regularisation, pay and other benefits in this proceeding.

pp. 21–23, 48–49

03Law Applied

The petition invoked Articles 226 and 227 of the Constitution.

p. 21

The Court did not determine the substantive legal principles governing regularisation or the petitioners’ other employment claims. Instead, it disposed of the matter on the basis of the petitioners’ request and the respondents’ undertaking to consider a fresh representation in accordance with law, with consideration to be guided by the order in Smt. Lakshmi.

pp. 23–24, 48–49

Provisions in the judgment · 2 · Linked ones open on LawLens

KARNATAKA STATE CIVIL SERVICES (PROHIBITON OF ABSORPTION OF THE SERVICES OF THE EMPLOYEES OF ESTABLISHMENTS IN PUBLIC SECTOR IN TO PUBLIC SERVICE) ACT, 2020 Section 2 Section 3

04Reasoning

The petitioners sought disposal on a procedural basis rather than a merits determination, and the respondents agreed to consider a fresh representation. The Court accepted that course and directed the petitioners to submit their representation within one month; if submitted, the concerned respondents must decide it within six weeks, bearing in mind Smt. Lakshmi and acting in accordance with law.

pp. 23–24, 48–49

The Court therefore did not adjudicate the legality of the challenged notification or determine the petitioners’ entitlement to regularisation, pay or benefits.

pp. 23–24, 48–49