- 1 - NC: 2025:KHC:5421 WP No. 22377 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 22377 OF 2024 (S-DIS) BETWEEN: SRI P SUDARSHAN S/O LATE R. PRABHAKAR DEEKSHIT, AGED ABOUT 54 YEARS, WORKING AS JUNIOR TRAINING OFFICER, MARUTHI INSTITUTE OF TECHNOLOGY AND CRAFTS, INDUSTRIAL TRAINING INSTITUTE, KADARIPURA, SRINIVASPURA ROAD, MULBAGAL, KOLAR DISTRICT – 563131. …PETITIONER (BY SRI. SUMKH SHASTRY R., ADV. FOR SRI SATISH K., ADV.) AND: 1. THE COMMISSIONER DEPARTMENT OF EMPLOYMENT AND TRAINING, KOUSHALYA BHAVANA, DAIRY CIRCLE, BHANNERGHATTA ROAD BENGALURU - 560029. 2. THE JOINT DIRECTOR DEPARTMENT OF EMPLOYMENT AND TRAINING, KOUSHALYA BHAVANA, DAIRY CIRCLE, BHANNERGHATTA ROAD BENGALURU - 560029. 3. THE PRINCIPAL MITC INDUSTRIAL TRAINING INSTITUTE, MULBAGAL TOWN, KOLAR DISTRICT – 563131. …RESPONDENTS (BY SRI. V SHIVAREDDY, AGA FOR R1 & R2 R3 IS SERVED) Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5421 WP No. 22377 of 2024 THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM RESPONDENTS; DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 14.05.2024 GIVEN BY THE PETITIONER (ANNEXURE-L) AND CONSEQUENTLY REGULARISE THE SERVICES FROM 26.11.2007 TO 13.07.2011 AS PERIOD SPENT ON DUTY AND REFIX THE NOTIONAL SALARY, EXTEND THE INCREMENT, PROTECTING THE SENIORITY FOR THE PURPOSE OF PAY AND PENSION AND INCLUDING THE COST OF THIS WRIT PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B; GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER The petitioner, working as Junior Training Officer in the third respondent–Industrial Training Institute is before this Court praying for a writ of mandamus to consider his representation dated 14.05.2024 (Annexure-L) wherein he has sought for regularization of period from 26.11.2007 to 13.07.2011 during which period, he was out of service. 2. Heard the learned counsel Sri.Sumukh Shastry.R., for Sri.Satish.K., learned counsel for petitioner and learned Additional Government Advocate Sri.V.Shivareddy for respondent Nos.1 and 2. Perused the writ petition papers. - 3 - NC: 2025:KHC:5421 WP No. 22377 of 2024 3. Learned counsel for the petitioner would submit that he was initially appointed as Junior Training Officer in the third respondent-Institute on 31.03.1998 and his appointment was approved by second respondent on 05.05.1998. The petitioner was also appointed as Hereditary Archak of Prasanna Someshwaraswamy Temple in Mulbagal temporarily. A complaint came to be filed against the petitioner stating that petitioner is working at two places as Hereditary Archak and as Junior Training Officer in the third respondent – Institute. On the said complaint, the services of the petitioner as Junior Training Officer was terminated by order dated 26.11.2007. The said order was the subject matter of W.P.No.716/2008. This Court by order dated 11.03.2011 allowed the writ petition, quashed the impugned order of termination. Thereafter, the petitioner is said to have reported to duty on 13.07.2011 which was intimated to the second respondent by third respondent-Management under Communication dated 14.07.2011 (Annexure-K). - 4 - NC: 2025:KHC:5421 WP No. 22377 of 2024 4. It is the grievance of the petitioner that the period from 26.11.2007 to 13.07.2011 is not regularized for the purpose of salary, increment, seniority and pension. It is submitted that in that regard, petitioner has submitted representation as at Annexure-L dated 14.05.2024. The said representation is pending consideration. Hence, he prays for a direction to consider the said representation. 5. Per contra, learned Additional Government Advocate Sri.V.Shivareddy for respondent Nos.1 and 2 would submit that if the third respondent-Institute forwards the appropriate proposal, the same would be considered in accordance with law. 6. The petitioner who is working as Junior Training Officer at third respondent-Institute was out of service between 26.11.2007 to 13.07.2011. The said period requires to be regularized in accordance with law for the purpose of pay, pension and seniority. The third - 5 - NC: 2025:KHC:5421 WP No. 22377 of 2024 respondent-Institute is required to forward appropriate proposal to the respondent Nos.1 and 2. On forwarding the proposal, respondent Nos.1 and 2 are directed to consider the representation of the petitioner. In that circumstance, the following: ORDER a) The third respondent is directed to forward appropriate proposal for regularization of the services of the petitioner between the period from 26.11.2007 to 13.07.2011 to the second respondent within a period of 45 days from today. b) On receipt of proposal from the third respondent, the second respondent shall take appropriate steps to consider the representation of the petitioner dated 14.05.2024 (Annexure-L) along with the proposal forwarded by the second - 6 - NC: 2025:KHC:5421 WP No. 22377 of 2024 respondent and take appropriate decision within two months thereafter. c) With the above, writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE NC CT:bms List No.: 1 Sl No.: 46