Karnataka HC Refuses To Order Regularisation Of Residential-School Staff, Leaves State To Consider Cases Under Uma Devi

The petitioners—an association and 175 individuals working at residential educational institutions—sought, among other reliefs, regularisation of their services, parity with teaching faculty, minimum wages, and payment of salary withheld during the pandemic.

They relied, inter alia, on an earlier decision of the High Court in W.P. No. 3166/2019 and the service regulations dated 7 May 2011.

At the hearing, counsel for both sides submitted that the regularisation issue was covered by the Co-ordinate Bench decision in W.P. No. 8442/2020 and connected petitions, decided on 4 July 2022.

The Court applied the principles in Secretary, State of Karnataka v. Umadevi, (2006) 4 SCC 1, as referred to in its order.

The Court treated the Co-ordinate Bench’s decision in W.P. No. 8442/2020 and connected petitions as covering the issue before it.

Regularisation could not be ordered by mandamus in this petition, while leaving the State free to consider the petitioners’ cases if they satisfied the parameters laid down in Umadevi and its aftermath.

The Court noted that the parties accepted that the regularisation issue was squarely covered by the Co-ordinate Bench decision.

Having considered the grounds urged and the reasoning in that decision, it concluded that the present petition should be disposed of on the same basis.

Accordingly, it declined to direct regularisation, but preserved the State’s discretion to consider the petitioners’ grievances against the Umadevi framework.

The petition was disposed of.

No order was made as to costs.