- 1 - NC: 2025:KHC:4779 WP No. 15088 of 2023 C/W WP No. 15137 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 15088 OF 2023 (S-RES) C/W WRIT PETITION NO. 15137 OF 2023 (S-RES) IN W.P.NO.15088/2023 BETWEEN: SRI. NAVEEN TAURO S/O. LIYO TAURO, AGED ABOUT 39 YEARS, OCCUPATION FIELD ASSISTANT, ’C’ GROUP EMPLOYEE, AT KELADI SHIVAPPA NAYAKA, UNIVERSITY OF AGRICULTURAL AND HORTICULTURAL SCIENCES, IRVAKKI, SHIVAMOGGA, ZONAL AGRICULTURAL AND HORTICULTURAL RESEARCH STATION, MUDIGERE, R/AT HALEKOTE, BIDARAHALLI POST, MUDIGERE TALUK, CHIKKAMAGALURU-577 132. …PETITIONER (BY SRI. GOVARDHAN S., ADV.) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, AGRICULTURE DEPARTMENT, VIKASA SOUDHA, BENGALURU-560 001. 2. THE VICE CHANCELLOR KELADI SHIVAPPA NAYAKA UNIVERSITY OF AGRICULTURAL Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4779 WP No. 15088 of 2023 C/W WP No. 15137 of 2023 AND HORTICULTURAL SCIENCE, IRUVAKKI, ANANDAPURA HOBLI, SAGARA TALUK, SHIVAMOGGA-577 412. 3. THE REGISTRAR KELADI SHIVAPPA NAYAKA UNIVERSITY OF AGRICULTURAL AND HORTICULTURAL SCIENCE, IRUVAKKI, ANANDAPURA HOBLI, SAGARA TALUK, SHIVAMOGGA-577 412. 4. THE ADMINISTRATIVE OFFICER KELADI SHIVAPPA NAYAKA UNIVERSITY OF AGRICULTURAL AND HORTICULTURAL SCIENCE, IRUVAKKI, ANANDAPURA HOBLI, SAGARA TALUK, SHIVAMOGGA-577 412. 5. STATE OF KARNATAKA DEPARTMENT OF FINANCE, REP. BY ITS SECRETARY, VIKASA SOUDHA, BENGALURU-560 001. …RESPONDENTS (BY SRI. B.J. ESHWARAPPA, AGA FOR R1 & R5 SRI THYAGARAJA, ADV. FOR R2 TO R4) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO REGULARIZE THE SERVICES OF THE PETITIONER AGAINST THE SANCTIONED VACANT POST, CONSEQUENTLY, EXTEND ALL SERVICE AND MONETARY BENEFITS AS THAT OF A REGULAR EMPLOYEE AND ETC. IN W.P. NO.15137/2023 BETWEEN: 1. MISS. VANAJAKSHI B .N., D/O NATARAJA AGED ABOUT 35 YEARS OCCUPATION-ASSISTANT CUM - 3 - NC: 2025:KHC:4779 WP No. 15088 of 2023 C/W WP No. 15137 of 2023 COMPUTER OPERATOR ’C’ GROUP EMPLOYEE AT KELADI SHIVAPPA NAYAKA UNIVERSITY AGRICULTURAL AND HORTICULTURAL SCIENCES IRVAKKI, SHIVAMOGGA AGRICULTURAL AND HORTICULTURAL RESEARCH STATION KADEMADKAL, MUDIGERE R/AT BIDARAHALLI VILLAGE MUDIGERE TALUK CHIKKAMAGALURU-577132. 2. MR. MOHAN KUMARA S/O BANGAR AGED ABOUT 36 YEARS OCCUPATION-LABORATORY ASSISTANT ’C’ GROUP EMPLOYEE AT KELADI SHIVAPPA NAYAKA UNIVERSITY AGRICULTURAL AND HORTICULTURAL SCIENCES IRVAKKI, SHIVAMOGGA COLLEGE OF HORTICULTURE, MUDIGERE, R/AT SARVODAYA NAGAR HALEMUDIGERE MUDIGERE POST AND TALUK CHIKKAMAGALURU-577132. 3. MR. H K SHRINATHA S/O LATE KRISHNEGOWDA AGED ABOUT 38 YEARS OCCUPATION-FIELD ASSISTANT ’C’ GROUP EMPLOYEE AT KELADI SHIVAPPA NAYAKA UNIVERSITY OF AGRICULTURAL AND HORTICULTURAL SCIENCES IRVAKKI, SHIVAMOGGA ZONAL AGRICULTURAL AND HORTICULTURAL RESEARCH STATION MUDIGERE R/A PHALGUNI VILLAGE AND POST MUDIGERE TALUK CHIKKAMAGALURU-577132. 4. MR. INDRESHA K T S/O THIMMAIAH - 4 - NC: 2025:KHC:4779 WP No. 15088 of 2023 C/W WP No. 15137 of 2023 AGED ABOUT 40 YEARS OCCUPATION-TRACTOR DRIVER ’C’ GROUP EMPLOYEE AT KELADI SHIVAPPA NAYAKA UNIVERSITY AGRICULTURAL AND HORTICULTURAL SCIENCES IRVAKKI, SHIVAMOGGA ZONAL AGRICULTURAL AND HORTICULTURAL RESEARCH STATION MUDIGERE R/AT J SURAPURA VILLAGE AND CHILKUR POST, BELUR TALUK HASSAN DISTRICT-573115. ...PETITIONERS (BY SRI. GOVARDHAN S., ADV.) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY AGRICULTURAL DEPARTMENT VIKASA SOUDHA BENGALURU-560001. 2. THE VICE CHANCELLOR KELADI SHIVAPPA NAYAKA UNIVERSITY OF AGRICULTURAL AND HORTICULTURAL SCIENCE IRUVAKKI, ANANDAPURA HOBLI SAGARA TALUK SHIVAMOGGA-577412. 3. THE REGISTRAR KELADI SHIVAPPA NAYAKA UNIVERSITY OF AGRICULTURAL AND HORTICULTURAL SCIENCE IRUVAKKI, ANANDAPURA HOBLI SAGARA TALUK SHIVAMOGGA-577412. 4. THE ADMINISTRATIVE OFFICER KELADI SHIVAPPA NAYAKA UNIVERSITY OF AGRICULTURAL AND HORTICULTURAL SCIENCE IRUVAKKI, ANANDAPURA HOBLI - 5 - NC: 2025:KHC:4779 WP No. 15088 of 2023 C/W WP No. 15137 of 2023 SAGARA TALUK SHIVAMOGGA-577412. 5. STATE OF KARNATAKA DEPARTMENT OF FINANCE REP. BY ITS SECRETARY VIKASA SOUDHA BENGALURU-560001. ...RESPONDENTS (BY SRI. B.J. ESHWARAPPA, AGA FOR R1 & R5 SRI THYAGARAJ S., ADV. FOR R2 TO R4) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO REGULARIZE THE SERVICES OF THE PETITIONERS AGAINST THE SANCTIONED VACANT POST AND CONSEQUENTLY EXTEND ALL SERVICES AND MONETARY BENEFITS AS THAT OF A REGULAR EMPLOYEE. THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER Since in the above writ petitions the petitioners’ prayer is to consider their case for regularization of services at third respondent- Keladi Shivappa Nayaka University of Agricultural and Horticultural Science (for short, ‘University’), both the writ petitions are taken up together, heard and disposed of by this common order. 2. In both the writ petitions, petitioners have prayed for the following common prayer: - 6 - NC: 2025:KHC:4779 WP No. 15088 of 2023 C/W WP No. 15137 of 2023 “A writ in the nature of madamus or any other writ and direct the respondents to regularize the services of the petitioners against the sanctioned vacant post, consequently, extend all service and monetary benefits as that of a regular employee” 3. Heard learned counsel Sri.Govardhan.S., for petitioners, learned Additional Government Advocate Sri.B.J.Eshwarappa for respondent Nos.1 and 5 and learned counsel Sri.Thyagaraja for respondent Nos.2 to 4. Perused the writ petition papers. 4. Learned counsel for the petitioners would submit that petitioners are working as Group-C employees in the respondent-University for the last more than 10 years against the sanctioned post. Further, learned counsel would submit that they are appointed by the competent authority – second and third respondents. Therefore, learned counsel would submit that since the petitioners are working against the sanctioned post for more than 10 years, a direction may be issued to - 7 - NC: 2025:KHC:4779 WP No. 15088 of 2023 C/W WP No. 15137 of 2023 respondent Nos.2 to 4 to consider their case for regularization. 5. Per contra, learned counsel Sri.Thyagaraja for respondent Nos.2 to 4 would dispute the claim of the petitioners that they are working against the sanctioned post. As such, he submits that the petitioners would not be entitled for regularization. 6. The submission of learned counsel appearing for the parties is considered in the light of the papers made available with the writ petitions. It is the claim of the petitioners that they are working as Group-C employees in the respondent-University and they are working for more than 10 years. The petitioners’ only prayer is for a writ of mandamus directing the respondent-University to consider their case for regularization. The petitioners in that regard have submitted representations at Annexure-E1 to E3 dated 17.01.2023, 06.06.2023 and 19.06.2023 respectively in W.P.No.15088/2023 and Annexure-E1 to E3 dated 17.01.2023, 06.06.2023 and 19.06.2023 and - 8 - NC: 2025:KHC:4779 WP No. 15088 of 2023 C/W WP No. 15137 of 2023 Annexuers-F1 to F4 dated 05.06.2023, 12.06.2023, 19.06.2023 and 19.06.2023 respectively in W.P.No.15137/2023, seeking to consider their request for regularization. 7. The Hon'ble Apex Court in the case of SECRETARY, STATE OF KARNATAKA AND OTHERS v/s UMADEVI AND OTHERS [(2006) 4 SCC 1] has made it clear that one would be entitled for regularization if he is in service continuously for more than 10 years against a sanctioned post and if the appointment is by the competent authority, by following the roster and reservation. 8. In the light of the above, the following: ORDER a) The respondent Nos.2 to 4 are directed to consider the request of the petitioners for regularization under Annexure-E1 to E3 dated 17.01.2023, 06.06.2023 and 19.06.2023 respectively in - 9 - NC: 2025:KHC:4779 WP No. 15088 of 2023 C/W WP No. 15137 of 2023 W.P.No.15088/2023 and Annexure-E1 to E3 dated 17.01.2023, 06.06.2023 and 19.06.2023 and Annexuers-F1 to F4 dated 05.06.2023, 12.06.2023, 19.06.2023 and 19.06.2023 respectively in W.P.No.15137/2023 and pass appropriate order in accordance with law, keeping in mind the observations made above. b) Time for compliance: Two months from today. c) With the above, writ petitions stand disposed of. Sd/- (S.G.PANDIT) JUDGE NC CT:bms List No.: 1 Sl No.: 37