The Karnataka High Court noted that the woman along with similarly placed persons, approached the tribunal requesting the regularisation in 1999. (AI-generated image)
Karnataka High Court news: The Karnataka High Court recently directed the regularisation of the service of a 52-year-old woman who was working as attender-cum-sweeper, holding that the authority cannot claim that she is not qualified after taking her services for almost 30 years.
Justice S G Pandit and K V Aravind were hearing the plea of the Department of Youth Empowerment and Sports and stated that the post of attender-cum-sweeper in the sports school is one of the essential posts.
“Having taken the respondent’s (woman) service for these many years, at this length of time, when the question of regularisation has cropped up, it is not open for the petitioners to contend that the respondent has no qualification, that too a Group‘D’ post of attender-cum-sweeper”, the Karnataka High Court said in its March 11 order.
Justice S G Pandit and K V Aravind pointed out that the post of attender-cum-sweeper in the sports school is one of the essential posts. (Image is enhanced using AI)
The department was challenging the Karnataka State Administrative Tribunal’s order directing the consideration of regularisation of the service of an attender-cum-sweeper, Lakshmi Devi, when she completed ten years of service.
Karnataka HC: 30-Year Sweeper Cannot Be Denied Regularisation on Qualification Grounds
⚖️ Karnataka High Court · Justice S G Pandit & Justice K V Aravind · Order dated March 11, 2025
30+Years of service by Lakshmi Devi
10Years of continuous service till 2005
🔍 Key Findings of the Court
1
The post of attender-cum-sweeper in the sports school is an essential post. The authority’s continued use of her services for over 30 years demonstrates clear institutional need.
2
Having taken her service for so many years, it is not open for the state to contend she lacks qualifications — especially for a Group D post with no prescribed qualification at the time of appointment.
3
No error found in the Karnataka State Administrative Tribunal order directing consideration of regularisation after she completed 29+ years of service, including 10 continuous years till 2005.
29+ Yrs Total ServiceGroup D PostNo Prescribed QualificationTribunal Order Upheld
📣 Court’s Observation
“Having taken the respondent’s service for these many years, at this length of time, when the question of regularisation has cropped up, it is not open for the petitioners to contend that the respondent has no qualification — that too for a Group D post of attender-cum-sweeper.”
The post of attender-cum-sweeper in the sports school is one of the essential posts, and as the woman had continued for more than 30 years, the authority concerned was in need of her service.
The high court pointed out that it did not find any error in the tribunal’s order, which took note of the fact that the woman had completed more than 29 years of service with the department, including 10 years of continuous service till 2005.
It was placed on record that one Rajanna, assistant teacher in the same department, approached this court in 2014. In 2016, the court directed consideration of his case for regularisation. Subsequently, the assistant teacher’s service was regularised by an order of 2017.
On similar lines, the sweeper requested consideration of her case for regularisation by making a representation in January 2024.
Since no action was taken by the authority concerned, she approached the tribunal, which directed the authority to consider her representation for the regularisation of services
‘Appointed on cumulative basis’
The woman was appointed on a cumulative pay basis with the sports school as attender-cum- sweeper.
She, along with similarly placed persons, approached the tribunal requesting the regularisation from the date of appointment.
The tribunal disposed of the same by an order of July 2007 directing the woman, as well as similarly situated persons, to make individual representations to the authorities concerned seeking regularisation.
She accordingly submitted a presentation before the authority considered, and there was no action by the authority on the said representation.
In the meantime, her consolidated pay was enhanced by an order of August 2011.
Submission by parties
Additional government advocate Vikas Rojipura submitted that the woman would not be entitled to consideration of her case for regularisation since her appointment is irregular.
He further submitted that the woman is not appointed through the regular selection process, and the employees who have entered through the back door would not be entitled to regularisation.
On the contrary, advocate M S Bhagawath representing the women contended that his client has served more than 29 years in the authority’s department and she would be entitled to regularisation.
Bhagawath further submitted that his client was appointed to a sanctioned post by the competent authority, and as on the date of her appointment, there was no qualification prescribed for the post of attender-cum-sweeper.
Richa Sahay is a Legal Correspondent for The Indian Express, where she focuses on simplifying the complexities of the Indian judicial system. A law postgraduate, she leverages her advanced legal education to bridge the gap between technical court rulings and public understanding, ensuring that readers stay informed about the rapidly evolving legal landscape.
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Justice S G Pandit and K V Aravind pointed out that the post of attender-cum-sweeper in the sports school is one of the essential posts. (Image is enhanced using AI)
