Facts
The petitioner, a daily-wage employee, sought regularization of his service.
Source reference: no citationAfter similarly placed employees obtained regularization following proceedings before the Karnataka State Administrative Tribunal (KSAT), the petitioner also sought that benefit.
Source reference: no citationThe respondents rejected his request, contending that he had not worked continuously for ten years and had not satisfied the conditions in the Government Order dated 6 August 1990.
Source reference: paras. 2–3, pp. 3–4The KSAT dismissed his application on that basis.
Source reference: paras. 2–3, pp. 3–4In the writ petition, the High Court directed the production of attendance registers covering 1984 to 1 October 1994.
Source reference: paras. 5, 9, pp. 5–8The register produced contained the petitioner’s name.
Source reference: paras. 5, 9, pp. 5–8Issues
1. Whether the KSAT’s dismissal of the petitioner’s application should be set aside and the matter reconsidered in light of the attendance register produced before the High Court.
Source reference: paras. 3, 9, pp. 4, 7–82. Whether the petitioner was entitled to regularization on the merits of his claim.
Source reference: paras. 5–6, pp. 5–6Law Applied
The petition was brought under Articles 226 and 227 of the Constitution of India, which provide the High Court’s writ and supervisory jurisdiction.
Source reference: p. 2The KSAT had considered the conditions in the Government Order dated 6 August 1990 in assessing the regularization claim.
Source reference: para. 3, p. 4The High Court cited no precedent or substantive rule governing regularization and expressly left the merits undecided; it directed the Tribunal to reconsider the matter and pass an appropriate order in accordance with law.
Source reference: para. 10, pp. 8–9Reasoning
The High Court noted that the attendance register, produced pursuant to its direction, recorded the petitioner’s name.
Source reference: para. 9, pp. 7–8Because that material had a bearing on the petitioner’s service history and had not been considered in the impugned decision, the matter required reconsideration by the KSAT.
Source reference: para. 9, pp. 7–8The Court did not determine whether the register established ten years of continuous service or whether the petitioner satisfied the Government Order’s conditions; it left all contentions open.
Source reference: para. 10, p. 9Holding
The High Court allowed the writ petition, set aside the KSAT’s order dated 31 May 2024, and restored Application No. 20318 of 2023 to the Tribunal’s file.
It directed the Registry to forward the original records, including the attendance register, and the Tribunal to examine the register and decide the application in accordance with law.
Source reference: para. 10, pp. 8–9The parties were directed to appear before the Tribunal on 5 November 2026; the Court made no determination on the merits.
Source reference: para. 10, pp. 8–9Original Court PDF
BASAREDDYvsTHE STATE OF KARNATAKA AND ORS
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