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2025 DAILYLAW 38137 (KAR)

KALLANAGOUDA SIDDANAGOUDA PATIL v. THE STATE OF KARNATAKA

WP/100879/2017 · 2025-12-01

M Nagaprasanna

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:16845 WP No. 100879 of 2017 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 100879 OF 2017 (S-REG) BETWEEN: KALLANAGOUDA SIDDANAGOUDA PATIL, AGED ABOUT:52 YEARS, OCC. LITERATE ASSISTANT, R/O: ASSISTANT EXECUTIVE OFFICER, YATHA NIRAVARI SUB-DIVISION NO.4, NAVEELUTHIRTHA, SAUNDATTI. …PETITIONER (BY SRI. ANANT P. SAVADI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS CHIEF SECRETARY, DEPARTMENT OF IRRIGATION, VIKAS SOUDHA, BENGALURU. 2. THE CHIEF ENGINEER (NORTH) ZONE BELAGAVI DISTRICT, BELAGAVI. 3. THE SUPERINTENDENT ENGINEER, KARNATAKA NEERAVATI NIGAM NIYAMITH, MALAPRABHA LEFT CANAL NIYAMITH CIRCLE, NAVEELUTHEERTHA, SAUNDATTI. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16845 WP No. 100879 of 2017 4. THE EXECUTIVE ENGINEER, KARNATAKA NEERAVATI NIGAM NIYAMITH, MALAPRAHBA LEFT CANAL NIYAMITH CIRCLE, NAVEELUTHEERTH, SAUDNATTI. 5. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA NEERAVARI NIGAM NIYAMITH, MALAPRBHA LEFT CANAL NIYAMITH CIRCLE, NAVEELUTHREETHA, SAUNDATTI. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1 & R2; SRI. ARAVIND D. KULKARNI, ADVOCATE FOR R3 TO R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO PASS AN ORDER OR ANY WRIT OR A DIRECTION TIN THE NATURE OF WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NO.1 TO 5 TO CONSIDER THE REPRESENTATION OF THE PETITIONER PRODUCED AT ANNEXURE – F DATED 25.08.2014 IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING B GROUP THIS DAY, THE ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:16845 WP No. 100879 of 2017 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer. A. The Hon’ble Court be pleased to pass an order or any writ or a direction tin the nature of writ of mandamus directing the respondents nos.1 to 5 to consider the representation of the petitioner produced at Annexure – F dated 25.08.2014 in the interest of justice and equity. B. Any other relief that deems fit be ordered. 2. The petitioner joins the service of the respondent as a daily wage employee on 01.07.1987. Several events have taken place between 01.07.1987 till the date of submission of the representation including the termination of the petitioner and his reinstatement pursuant to the award of the Labour Board. The representation is submitted seeking regularisation of his services at the hands of the respondent No.1 on the score that the petitioner has been in continuous employment from 01.07.1987. - 4 - HC-KAR NC: 2025:KHC-D:16845 WP No. 100879 of 2017 3. The learned HCGP appearing for the respondent No.1 would refute the submission in contending that the petitioner's services had been terminated and therefore, there is break in service, he cannot be considered for regularisation of his services. 4. Be that as it may, the service of the petitioner though stood terminated, the termination was set aside and a direction to reinstate with continuity of service is passed. In the teeth of that circumstance, the petitioner has submitted a representation to the respondents to consider his case for regularisation. 5. In the light of the said representation submitted 11 years ago being pending at the hands of the respondent, I deem it appropriate to direct the respondent State to consider the representation and pass necessary orders thereon in accordance with law. 6. In the event, the representation has stood considered as on date, the petitioner is at liberty to avail of such remedy as available in law. In the event, it is not considered, it shall merit - 5 - HC-KAR NC: 2025:KHC-D:16845 WP No. 100879 of 2017 consideration within 12 weeks from the date of receipt of the copy of this order, if not earlier, Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE RSH / CT: ASC LIST NO.: 2 SL NO.: 115