- 1 - HC-KAR NC: 2025:KHC:22538 WP No. 25548 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 25548 OF 2022 (S-RES) BETWEEN: 1. SMT.PREMAVATHY W/O DEVAKATAKSHAN AGED ABOUT 53 YEARS R/A NO.15, MRS PALYA NANDIDURGA ROAD BENSON TOWN, BENGALURU-560046. 2. SMT NANJAMMA SINCE DEAD BY HER LR’S 2(A) SRI NANJAPPA S/O OF LATE OBLESH AGED ABOUT 53 YEARS R/A NO.15, MRS PALYA NANDIDURGA ROAD BENSON TOWN, BENGALURU-560046. …PETITIONERS (BY SRI. FAYAZ SAB B G., ADVOCATE) AND: 1. THE UNION OF INDIA REPRESENTED BY ITS SECRETARY MINISTRY OF DEFENSE/LABOUR DEPARTMENT OF DEFENSE AND RESEARCH AND DEVELOPMENT NO.525, DRD BHAVAN NEW DELHI-110105. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22538 WP No. 25548 of 2022 2. THE UNION OF INDIA REPRESENTED BY ITS SECRETARY MINISTRY OF FINANCE NEW DELHI-110101. 3. THE AERONAUTICAL DEVELOPMENT AGENCY REP. BY ITS DIRECTOR GENERAL (SPONSORED BY GOVERNMENT OF INDIA, MINISTRY OF DEFENSE) POST BOX NO.1718 BENGALURU-560017. 4. THE PROGRAMME DIRECTOR AERONAUTICAL DEVELOPMENT AGENCY POST BOS NO.1718, VIMANAPURA POST BENGALURU-560017. 5. THE DIRECTOR (ADMINISTRATION) REPRESENTED BY ITS CMDL AERONAUTICAL DEVELOPMENT AGENCY POST BOX NO.1718, VIMANAPURA POST BENGALURU-560017. …RESPONDENTS (BY SMT. ANUPAMA HEGDE., CGSC, FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING DIRECT THE RESPONDENTS TO PERMIT THE PETITIONERS TO WORK AS HOUSE KEEPING ATTENDANT -III IN THE OFFICE OF THE R3, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD - 3 - HC-KAR NC: 2025:KHC:22538 WP No. 25548 of 2022 ORAL ORDER This writ petition is filed under Articles 226 & 227 of the Constitution of India. The learned counsel appearing for the petitioner submits that he will not press prayer (a), he is seeking only prayer (b), seeking a direction to respondent No.3 to pay all consequential benefits attached to the post of House Keeping Attendant, including the back wages, from the date of initial appointment of the year 1989 instead of with effect from 18.06.2005. 2. The petitioner was appointed as a daily wage employee, he was working as a daily wage employee from 1988. He approached this Court by filing a writ petition in W.P.Nos.19936-19938/1999 and connected matters, seeking regularization. This Court, by order dated 18.03.2005 allowed the writ petitions with a direction to the third respondent to absorb the petitioner with the following conditions: “(i) At the time of initial appointment the petitioners should not be over aged; - 4 - HC-KAR NC: 2025:KHC:22538 WP No. 25548 of 2022 (ii) The petitioners shall now be medically fit; (iii) The 3rd respondent ADA shall comply the above directions within a period of three months from today.” 3. Thereafter, the matter went upto Supreme Court and the order passed by this Court has been confirmed. Since the petitioner’s case for regularization has not been considered, the petitioner filed contempt petition before this Court in C.C.C.No.1384-1396/2013. During the pendency of the contempt petition, the order dated 24.02.2014 vide Annexure-B has been passed. The petitioner’s service has been regularized with effect from 18.06.2005. Thereafter, the petitioner filed a memo before the contempt court as per Annexure-R5, which reads as follows: “1. The complainants submit that as per the directions of this Hon’ble Court in W.P.Nos.19936- 38/1999 c/w W.P.Nos.13629-32/1999 c/w W.P.Nos.9564-68/1999 c/w W.P.Nos.22337/1999 passed on 18.03.2005 and affirmed in judgment passed in W.A.No.2571/2005 c/w 2597/2005 on - 5 - HC-KAR NC: 2025:KHC:22538 WP No. 25548 of 2022 23.05.2012 and in the order of the Hon'ble Supreme Court in Special Leave Appeal No.24750-24751/2012 on 25.07.2013, the Respondents have issued the absorption and regularization order on 24.02 2014. 2. The complainants submit that the complainants have accepted the absorption and regularization order dated 24.02.2014 and have accordingly joined service on 24.02.2014. The amounts due to the 13 Complainants towards salary and other benefits w.e.f. 18.06.2005 have been paid to them. The complainants submit that they have no further grouse against the respondents and that in the circumstances the Contempt Petition may be disposed off, since no grievance survives in respect of the compliance of the direction of this Hon'ble Court. 3. Wherefore the Complainants pray that this Hon’ble Court may be pleased to close the contempt petition as the orders of this Hon'ble Court have been fully complied with by the respondents in the interest of justice and equity.” 4. On that basis, the proceedings in the contempt petition have been dropped. In the recalling application filed in the contempt petition, the petitioner has contended that he is entitled for arrears of salary from 18.06.2005. - 6 - HC-KAR NC: 2025:KHC:22538 WP No. 25548 of 2022 The Division Bench in contempt petition has considered all these contentions and rejected the claim of the petitioner. Thereafter, the petitioner filed this writ petition seeking the very same relief. 5. In view of the memo filed by the petitioner in the contempt petition and the order passed by the Division Bench on IA No.2/2022 dated 16.06.2022 in the contempt proceedings, the relief sought for by the petitioner is liable to be rejected. 6. Accordingly, the petition is devoid of merit and it is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 47