A Division bench of the Karnataka High Court comprising of Justice Krishna S Dixit and Justice Ramachandra D. Huddar held that a daily wage employee continuously serving for over ten years in a sanctioned post is entitled to regularization, and procedural irregularities or delay cannot be sole grounds for denial.
Background Facts
The petitioner was engaged as a daily wage employee in Forest Department over a period of thirty years and was discharging his duties as a Forest Watcher/Driver performing tasks equivalent to those assigned to regular employees. Despite rendering continuous uninterrupted service for an extended period, the petitioner’s request for regularization was denied through endorsements dated 29.8.2016, prompting him to seek redressal before Karnataka State Administrative Tribunal (KSAT). However, the KSAT, vide order dated 31.07.2019, dismissed his claim for regularization on the grounds of lack of documentary evidence establishing continuous service, Non-fulfillment of conditions prescribed in the Umadevi judgment. Further KSAT held that there was delay in seeking regularization.