Observing that the State government should be a model “employer”, the High Court of Karnataka has directed the Chief Secretary to issue appropriate directions to each of the selecting and appointing authorities to avoid appointment on contract basis for longer period, and resort to regular recruitment to each public post as per the law.
“For each public post, the mode of recruitment should be in accordance with the Constitutional provision, Articles 14 and 16 of the Constitution in particular, the Karnataka State Civil Services Act, 1978, and the recruitment rules governing each post...,” the court observed.
Justice P.B. Bajanthri delivered the verdict while dismissing a batch of petitions filed by Preethi Bhandage and several others, who are working as “Accounting Consultants” in various municipalities and city corporations on contract basis.
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The petitioners had sought directions to the State to regularise their service as their contract period, which commenced during 2007, were extended from time to time till the government rejected their plea for regularisation in June 2017. “A person appointed on purely contractual basis by the State on the specific express condition that his services is for limited period and would not have any right to be absorbed in the regular cadres, has no right to be absorbed permanently. The Supreme Court has opined that the High Courts/Tribunals cannot give directions to be absorbed in regular service inasmuch as their initial entry is not in accordance with statutory rules governing the post,” the court observed, while pointing out that their initial appointment on contract basis is not as per the Karnataka Municipalities (Recruitment of Officers and Employees) Rules, 2010.
The court said the State is committing errors in making appointment on contract basis despite a judgment of a Constitutional Bench of the apex court in Umadevi’s case.