- 1 - NC: 2025:KHC-K:2598 WP No. 208509 of 2017 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA WRIT PETITION NO. 208509 OF 2017 (S-RES) BETWEEN: SMT. ANNAPOORNA., W/O LATE SANGAPPA LINGADALLI, AGED ABOUT 56 YEARS, OCC:H H WORK, R/O DIVATAGERIGALLI, J.M.ROAD, VIJAYAPURA., DIST:VIJAYAPURA. …PETITIONER (BY SRI. K.D.BHATHAUR AND SMT. K.N.RAJESHWARI., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF RURAL AND PANCHAYAT RAJ M.S.BUILDIG, BEGALURU-01. 2. THE CHIEF ENGINEER, (COMMUICATION AND CONSTRUCTION), DEPARTMENT OF PENCHAYAT RAJ EGINEERIG, RURAL DEVELOPMENT BHAVAN, AAD RAO CIRCLE, BENGALURU-1. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2598 WP No. 208509 of 2017 3. THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYAT, VIJAYAPURA, DIAT:VIJAYAPURA 586101. 4. THE EXECUTIVE ENGINEER PRE-SUB DIVISION, ZILLA PANCHAYAT, VIJAYAPURA, DIST:VIJAYAPURA-586 101. 5. PRINCIPAL SECRETARY PUBLIC WORKS DEPARTMENT VIKAS SOUDHA BENGALURU. 6. CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT COMMUNICATIONS AND BUILDING BENGALURU …RESPONDENTS (BY SMT. ARATI PATIL, AGA FOR R-1 & R-2; SRI. RATHNA.N.SHIVAYOGIMATH., ADVOCATE FOR R-3; R-3 IS SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR ORDER, IN THE NATURE OF CERTIORARI, QUASHING THE IMPUGNED ENDORSEMENT DATED:0.01.2013 IN NO.ZIPAMAA/SIBBANDI-1/CR-379/2012-13/16/05 ISSUED BY RESPONDENT NO.3 VIDE ANNEXURE-S, ETC. THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 07.02.2025, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR JUSTICE N S SANJAY GOWDA - 3 - NC: 2025:KHC-K:2598 WP No. 208509 of 2017 CAV ORDER 1. The petitioner is the wife of Sangappa Lingadalli, who was appointed as a cleaner in the year 1984 and, while in service he expired on 14.10.2012. 2. The claim of the petitioner’s father for regularization has been rejected without any reason. 3. It is to be stated here that in W.P.No.202315/2021, W.P.No.200213/2022,W.P.No.200548/2022,W.P.No.20 0558/2022,W.P.No.200592/2022,W.P.No.200737/202 2 the State Government in respect of similarly placed employees had in fact regularized the services of daily wage employees after they had passed away and, in those cases, this Court has concluded that by virtue of their regularization, albeit even after the death, it would render them as regular employee as on the date of the death of the employee and, as a consequence, grant all consequential service benefits of regularization. - 4 - NC: 2025:KHC-K:2598 WP No. 208509 of 2017 4. Since the State Government has in those cases taken the decision to regularize similarly placed employees, who had also passed away as on the date of their regularization, it is clear that regularisation is permissible even after the death of the employee. It is to be stated here that the benefit of regularisation is granted for services rendered and these benefits can be granted retrospectively and has in fact been granted to similarly placed deceased employees. In this view of the matter the rejection of the petitioner’s father’s claim for regularization is untenable and the claim for regularization cannot be denied. 5. In the instant case, it is not in dispute that the husband of the petitioner was appointed in the year 1984 and worked continuously for more than 26 years till he died on 14.10.2012. - 5 - NC: 2025:KHC-K:2598 WP No. 208509 of 2017 6. This Court in W.P.No.86327/2012 has taken the view that the decision rendered in Umadevi’s 1case would be inapplicable in the light of the subsequent judgments of the Apex Court in which Umadevi’s case has been explained and distinguished. Furthermore, in the light of Clause 13C of the governor’s order issued under Art 371J, persons who have completed 10 years of service will have to be protected. 7. In that view of the matter, the impugned dorsement is quashed and a direction shall be issued to the respondents to regularize the services of the petitioner’s husband i.e., Late Sangappa Lingadalli with effect from 1994 . As a consequence, all consequential benefits shall also be paid to the legal heirs of Sangappa Lingadalli. 1 State of Karnataka v. Umadevi, (2006) 4 SCC 1 - 6 - NC: 2025:KHC-K:2598 WP No. 208509 of 2017 8. The consequential benefits would also include the entitlement of the legal heirs of the deceased Sangappa Lingadalli to be considered for compassionate appointment as has been held in W.P.No.202315/2021,W.P.No.200213/2022, W.P.No.200548/2022,W.P.No.200558/2022, W.P.No.200592/2022, W.P.No.200737/2022. 9. This writ petition is accordingly allowed. SD/- (N.S.SANJAY GOWDA) JUDGE VR/PKS List No.: 19 Sl No.: 2