- 1 - NC: 2025:KHC:8476-DB WA No. 385 of 2024 C/W CCC No. 1153 of 2023 [ IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR JUSTICE V KAMESWAR RAO AND THE HON'BLE MR JUSTICE T.M.NADAF WRIT APPEAL NO. 385 OF 2024 (S-RES) C/W CIVIL CONTEMPT PETITION NO. 1153 OF 2023 (In W.P. Nos. 1205/2023 C/W. 6508/2023) IN WA No. 385/2024 BETWEEN: 1. THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE STATE OF KARNATAKA, REP. BY THE PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001. 3. DIRECTORATE OF MUNICIPAL ADMINISTRATION, REP. BY ITS SECRETARY, DR. B.R. AMBEDKAR VEEDHI, 9TH AND 10TH FLOOR, VISHVESHWARAIAH TOWER, BENGALURU-560 001. Digitally signed by K G RENUKAMBA Location: High Court of Karnataka - 2 - NC: 2025:KHC:8476-DB WA No. 385 of 2024 C/W CCC No. 1153 of 2023 [ 4. THE DEPUTY COMMISSIONER MYSURU, KRISHNARAJA BOULVARD ROAD, MYSURU DISTRICT, MYSURU-570 001. 5. THE PROJECT DIRECTOR, DISTRICT URBAN DEVELOPMENT CELL, O/O THE DEPUTY COMMISSIONER, MYSURU DISTRICT, MYSURU-570 001. …APPELLANTS (BY SMT. SHWETHA KRISHNAPPA, AGA) AND: 1. M.S.PRASHANTH, S/O M.D. SOMASHEKHARAIAH, AGED ABOUT 55 YEARS, GARDENER, TOWN MUNICIPAL COUNCIL, K.R.NAGAR, MYSURU-571 602. 2. V.RAMESHA @ S.RAMESHA SINCE DEAD, REP. BY HIS LEGAL REPRESENTATIVES: 2(a) MEENA, W/O RAMESHA.S, AGED ABOUT 46 YEARS, R/AT NO.18/251, 18TH WARD, K.R.NAGARA TOWN, MUSLIM BLOCK, N.G.O KATTADA ROAD, K.R.NAGARA POST, MYSURU DISTRICT-571 602. - 3 - NC: 2025:KHC:8476-DB WA No. 385 of 2024 C/W CCC No. 1153 of 2023 [ 2(b) DIVYA.R D/O RAMESHA.S, W/O RAJU, AGED ABOUT 32 YEARS, R/AT NO.111, 3RD CROSS, 6TH WARD, KATENAHALLI, K.R. NAGARA TOWN, MYSURU DISTRICT-571 602. 2(c) VARUNA.R S/O RAMESHA.S, AGED ABOUT 29 YEARS, R/AT NO.18/251, 18TH WARD, K.R.NAGARA TOWN, MUSLIM BLOCK, N.G.O KATTADA ROAD, K.R.NAGARA POST, MYSURU DISTRICT-571 602. 3. H.R.KESHAVA, S/O RANGASWAMY, AGED ABOUT 53 YEARS, WATER SUPPLY ASSISTANT, TOWN MUNICIPAL COUNCIL, K.R.NAGAR, MYSURU-571 602. 4. K.S.LINGARAJU (RETIRED), S/O SIDDAIAH, AGED ABOUT 59 YEARS, WATER SUPPLY ASSISTANT, TOWN MUNICIPAL COUNCIL, K.R.NAGAR, MYSURU-571 602. 5. K RACHAIAH S/O KUPPAIAH, AGED ABOUT 59 YEARS, WATER SUPPLY ASSISTANT, TOWN MUNICIPAL COUNCIL, K R NAGAR, MYSURU 571602 (RETIRED) - 4 - NC: 2025:KHC:8476-DB WA No. 385 of 2024 C/W CCC No. 1153 of 2023 [ 6. K SWAMY S/O KARIYAIAH, AGED ABOUT 51 YEARS, WATER SUPPLY ASSISTANT, TOWN MUNICIPAL COUNCIL, K R NAGAR, MYSURU 571602 7. MANJUNATHA S/O KASTURI SETTY, AGED ABOUT 59 YEARS, WATCHMAN, TOWN MUNICIPAL COUNCIL, K R NAGAR, MYSURU 571602 (RETIRED) 8. K LOKESHA S/O KUPPAIAH, OFFICE PEON, AGED ABOUT 53 YEARS, TOWN MUNICIPAL COUNCIL, K R NAGAR, MYSURU 571602. 9. NARAYANA S/O KEMPAIAH, AGED ABOUT 50 YEARS, WATER SUPPLY ASSISTANT, TOWN MUNICIPAL COUNCIL, K R NAGAR, MYSURU 571602. 10. KRISHNA S/O NINGAIAH, AGED ABOUT 58 YEARS, WATER SUPPLY ASSISTANT, TOWN MUNICIPAL COUNCIL, K R NAGAR, MYSURU 571602 - 5 - NC: 2025:KHC:8476-DB WA No. 385 of 2024 C/W CCC No. 1153 of 2023 [ 11. THE CHIEF OFFICER TOWN MUNICIPAL COUNCIL, K R NAGAR 576102 12. MEENAVATHI BAI S/O LATE SRINIVASA RAO KATE, AGED ABOUT 51 YEARS, SECOND DIVISION ASSISTANT, OFFICE ASSISTANT, TOWN MUNICIPAL COUNCIL, K R NAGAR MYSURU 571602 ALSO R/AT 11TH WARD NO 11/127,7TH ROAD, K T NAGAR, KRISHNARAJA NAGAR, MYSURU 571602 13. B M ANNAPURNA W/O J V RAJU, AGED ABOUT 58 YEARS, SECOND DIVISION ASSISTANT, OFFICE ASSISTANT, TOWN MUNICIPAL COUNCIL, K R NAGAR, MYSURU 571602(RETIRED) 14. S LALITHAMMA D/O LATE S N SUBBARAYA, AGED ABOUT 58 YEARS, SECOND DIVISION ASSISTANT, OFFICE ASSISTANT, TOWN MUNICIPAL COUNCIL, K R NAGAR, MYSURU 571602. - 6 - NC: 2025:KHC:8476-DB WA No. 385 of 2024 C/W CCC No. 1153 of 2023 [ 15. THE CHIEF OFFICER TOWN MUNICIPAL COUNCIL K R NAGAR 576102 …RESPONDENTS THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THIS WRIT APPEAL AND SET ASIDE THE IMPUGNED ORDER DATED 03/07/2023 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONBLE COURT IN WP NO.1205/2023 CONNECTED WITH WP NO.6508/2023, ETC. ******* IN CCC NO. 1153/2023 BETWEEN: 1. M S PRASHANTH S/O M D SOMASHEKHARAIAH AGED ABOUT 55 YEARS GARDENER, TOWN MUNCIPAL COUNCIL K R NAGAR, MYSORE-571602 2 V RAMESHA @ S RAMESHA SINCE DEAD, REP BY HIS LRS: MEENA W/O RAMESH S AGED ABOUT 46 YEARS R/A NO.18/251, 18TH WARD K R NAGAR TOWN MUSLIM BLOCK NGO KATTADA ROAD K R NAGAR POST MYSORE DISTRICT-571602 3. DIVYA R D/O RAMESH S W/O RAJU - 7 - NC: 2025:KHC:8476-DB WA No. 385 of 2024 C/W CCC No. 1153 of 2023 [ AGED ABOUT 32 YEARS R/A NO.111, 3RD CROSS 6TH WARD, KANTENAHALLI K R NAGAR TOWN MYSORE DISTRICT-571602 4. VARUN R S/O RAMESH S AGED ABOUT 29 YEARS R/A NO.18/251, 18TH WARD K R NAGAR TOWN, MUSLIM BLOCK NGO KATTADA ROAD K R NAGAR POST MYSORE DISTRICT-571602 5. H R KESHAVA S/O RANGASWAMY AGED ABOUT 53 YEARS WATER SUPPLY ASSISTANT TOWN MUNICIPAL COUNCIL K R NAGAR,MYSORE-571602 6. K S LINGARAJU S/O SIDDAIAH AGED ABOUT 59 YEARS WATER SUPPLY ASSISTANT TOWN MUNICIPAL COUNCIL K R NAGAR, MYSORE-571602 7. K RACHAIAH S/O KUPPAIAH AGED ABOUT 59 YEARS WATER SUPPLY ASSISTANT TOWN MUNICIPAL COUNCIL K R NAGAR, MYSORE-571602 - 8 - NC: 2025:KHC:8476-DB WA No. 385 of 2024 C/W CCC No. 1153 of 2023 [ 8. K SWAMY S/O KARIYAIAH AGED ABOUT 51 YEARS WATER SUPPLY ASSISTANT TOWN MUNICIPAL COUNCIL K R NAGAR, MYSORE-571602 9. MANJUNATHA S/O KASTURI SETTY AGED ABOUT 59 YEARS WATCHMAN TOWN MUNICIPAL COUNCIL K R NAGAR, MYSORE-571602 10. K LOKESHA S/O KUPPAIAH AGED ABOUT 53 YEARS OFFICE PEON TOWN MUNICIPAL COUNCIL K R NAGAR, MYSORE-571602 11. NARAYANA S/O KEMPAIAH AGED ABOUT 50 YEARS WATER SUPPLY ASSISTANT TOWN MUNICIPAL COUNCIL K R NAGAR, MYSORE-571602 12. KRISHNA S/O NINGAIAH AGED ABOUT 58 YEARS WATER SUPPLY ASSISTANT TOWN MUNICIPAL COUNCIL K R NAGAR, MYSORE-571602 13. MEENAVATHI BAI W/O LATE SRINIVASA RAO KATE - 9 - NC: 2025:KHC:8476-DB WA No. 385 of 2024 C/W CCC No. 1153 of 2023 [ AGED ABOUT 51 YEARS SECOND DIVISION ASSISTANT OFFICE ASSISTANT TOWN MUNCIPAL COUNCIL K R NAGAR, MYSORE-571602 14. B M ANNAPURNA W/O J V RAJU AGED ABOUT 58 YEARS SECOND DIVISION ASSISTANT OFFICE ASSISTANT TOWN MUNCIPAL COUNCIL K R NAGAR, MYSORE-571602 15. S LALITHAMMA D/O LATE S N SUBBARAYA AGED ABOUT 58 YEARS SECOND DIVISION ASSISTANT OFFICE ASSISTANT TOWN MUNCIPAL COUNCIL K R NAGAR, MYSORE-571602 ...COMPLAINANTS (BY SRI. SHARATH S GOWDA, ADVOCATE) AND: 1. DR . RAJENDRA THE DEPUTY COMMISSIONER MYSURU, KRISHNARAJA BOULVARD ROAD MYSURU DISTRICT MYSURU-570001 2. THE STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY VIDHANA SOUDHA - 10 - NC: 2025:KHC:8476-DB WA No. 385 of 2024 C/W CCC No. 1153 of 2023 [ B R AMBEDKAR VEEDHI BANGALORE-560001 3. THE STATE OF KARNATAKA REP BY THE PRINCIPAL SECRETARY DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA, B R AMBEDKAR VEEDHI BENGALURU-560001 ...ACCUSED (BY SMT. SHWETHA KRISHNAPPA, AGA) THIS CCC IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA R/W SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, BY THE COMPLAINANT, WHEREIN HE PRAYS THAT THE HONBLE COURT BE PLEASED TO HOLD THE ACCUSED HEREIN GUILTY OF CONTEMPT OF COURT FOR WILLFUL DISOBEDIENCE OF THE ORDER DATED 03.07.2023 PASSED BY THIS HONBLE COURT IN WP NO.1205/2023 C/W WP NO.6508/2023 (S-RES) VIDE ANNEXURE-A, AND FURTHER BE PLEASED TO PUNISH THE ACCUSED WITH IMPRISONMENT OF SIX MONTHS IN ACCORDANCE WITH LAW. THE APPEAL AND CCC ARE COMING ON FOR FINAL HEARING/RESPECTIVELY THIS DAY, JUDGMENT/ORDER WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO AND HON'BLE MR JUSTICE T.M.NADAF - 11 - NC: 2025:KHC:8476-DB WA No. 385 of 2024 C/W CCC No. 1153 of 2023 [ ORAL JUDGMENT (PER: HON'BLE MR JUSTICE V KAMESWAR RAO) The challenge in this appeal is to an order dated 03.07.2023 passed by the learned Single Judge in Writ Petition No.1205/2023 connected with Writ Petition No. 7508/2025, whereby the learned Single Judge has disposed of both the writ petitions by stating in Paragraph No. 8, as under:- “8. In the light of the observation made by the Hon’ble Apex Court, careful examination of the letter dated 18th September, 1999 (Annexure-C) wherein, the respondent No.3 herein has made an observation with regard to regularisation of service of petitioners. In that view of the matter, the finding recorded by the respondent No.4 in the endorsement dated 20th February, 2023 (Annexure-A in Writ Petition No.6508 of 2023) that the petitioners have not been appointed against the vacant post is far from truth and the impugned order has been passed without application of mind. I have also noticed the earlier rejection order dated 14th November, 2016 (Annexure-H in Writ Petition No.6508 of 2023), wherein the rejection was made on the ground of absence of vacant post and the said finding was rejected by this Court in Writ petition No.30649 of 2019 disposed of on 23rd September, 2022. Taking into consideration the above aspects, rejection of case of the petitioners for regularisation on the ground of non- availability of post or not against the sanctioned post - 12 - NC: 2025:KHC:8476-DB WA No. 385 of 2024 C/W CCC No. 1153 of 2023 [ cannot be considered as a ground to reject the applications made by the petitioners. However, except the above ground of non-availability of post / sanctioned post, the respondents be directed to consider the case in the light of the observation made by Hon’ble Apex court in the case of UMADEVI (supra). It is submitted at Bar that eight persons out of thirty shown in letter dated 18th September, 1999 (Annexure-C) made by the Directorate of Municipal Administration, have been regularised and few more persons are required to be regularised. It is also submitted that some of the persons mentioned in the letter dated 18th September, 1999 are no more and some of them have been attained the age of superannuation. Hence, I pass the following: O R D E R (1) Writ Petitions are allowed; (2) Endorsement dated 13/14th October, 2022 (Annexure‘A’) issued by the respondent No.4- Deputy Commissioner challenged in Writ Petition No.1205 of 2023 is quashed; (3) Endorsement dated 20th February, 2023 (Annexure-A) issued by the respondent No.4- Deputy Commissioner challenged in Writ Petition No.6508 of 2023 is quashed; (4) The matter is remitted to the respondent No.4- Deputy Commissioner, Mysuru to reconsider the issue afresh, after affording an opportunity for petitioners to say in the matter and take decision in the matter in the light of judgment - 13 - NC: 2025:KHC:8476-DB WA No. 385 of 2024 C/W CCC No. 1153 of 2023 [ rendered by Hon’ble Apex Court in the case of UMADEVI (supra) and in the case of STATE OF KARNTAKA AND OTHERS vs. M.L. KESARI AND OTHERS reported in (2010) 9 SCC 247. (5) The respondent No.4-Deputy Commissioner, Mysuru shall complete the entire exercise within three months from the date of receipt of this order; (6) It is open for the petitioners to produce relevant documents to establish their case before the respondent No.4-Deputy Commissioner, Mysuru.” 2. Suffice to state, the respondents had initially passed an order dated 13/14.10.2022, wherein they have stated that there is no provision available for the regularization of the services of the respondents herein. The said order was set aside by the learned Single Judge, which order is under challenge before us. After the impugned order was passed, further order dated 06.10.2023 has been passed by the respondents-Authorities of the State herein, wherein they have stated as under:- “ORDER Sl No.2,3,4,5,6,8,9 and 10 applicants as water supply assistants, SI No.1 applicant as - 14 - NC: 2025:KHC:8476-DB WA No. 385 of 2024 C/W CCC No. 1153 of 2023 [ gardener and Sl No.11 applicant as Kindergartner teacher, SI No.12 and 13 applicants as office assistants. Even though they have rendered more than 10 years of service, as stated by the supreme court in case of UMADEVI, in the case of regularization of daily wage workers the first condition of the four conditions is that the recruitment of the applicants is not against the sanctioned vacant post. Therefore, there is no opportunity to regularize the service of the employees. Hence the request of applicants is rejected.” 3. According to the learned AGA Smt. Swetha Krishnappa appearing for the appellant(s)-State, the order is justified keeping in view the mandate of the Hon’ble Supreme Court in the case of State of Karantaka Vs. Umadevi [(2006) 4 SCC 1]. She submits that, since the appointment of the respondents was not against sanctioned vacant posts, their services cannot be regularized. On this plea of the learned AGA for the appellant(s)-State, the learned counsel for the respondents would submit that, such a ground, on which the respondents have denied the regularization of the respondents is not available to the appellants in view of the conclusion drawn by the learned Single Judge in Paragraph-8 of the impugned order, which we have re-produced above. In other - 15 - NC: 2025:KHC:8476-DB WA No. 385 of 2024 C/W CCC No. 1153 of 2023 [ words, it is his submission that, the appellants could not have invoked the ground of non-availability of the vacant post or not against the sanctioned posts, to reject the representation made by the respondents herein. 4. The submission is appealing for the simple reason, the appointments having been made by the appellants, it was for the appellants to ensure, the sanctioned posts are available for making appointments. Even if, sanctioned posts were not available, the appellants having made appointments, they cannot disown the appointments, more so when the respondents have put-in almost 36 years of service, since their appointment. 5. In so far as the second ground that, there are no sanctioned posts available for regularizing the respondents is concerned, on a specific query, the learned AGA for the appellant(s) states, the aspect whether sanctioned posts are available or not need to be looked into by the appellants. In other words, it is her submission that, if the conclusion of the learned Single Judge that the engagement of the respondents was not against the sanctioned posts, is not binding, then the appellant(s) shall pass a fresh order keeping in view the - 16 - NC: 2025:KHC:8476-DB WA No. 385 of 2024 C/W CCC No. 1153 of 2023 [ availability of sanctioned posts. She also states, as a fresh order need to be passed, the order dated 06.10.2023 shall be withdrawn by the appellants herein. 6. At this stage, the learned counsel for the respondents states, the appellants while passing a fresh order must consider the following judgments of the Hon’ble Supreme Court relied upon by him: i) Civil Appeal (SLP)(C) 5580/2024 (Jaggo Vs. Union of India & Others) ii) AIR 2013 SC 3547 (Para-35 to 37) [Nihal Singh & Others Vs. State of Punjab & Others] iii) Sheo Narain Vs. State of UP [(2018) 13 SCC 432] iv) Malathi Das Vs. Suresh [(2014) 13 SCC 249] v) Annexure-Q (Shankramma’s Case in WP 83563/2012 dated 06.03.2020) [Reported in 2021 (1) KCCR 299] vi) WA 200005/2021 [Appeal against Shankramma’s case) [Annexure-R-D/D :03.01.2022]. 7. Noting the above submissions made by the counsel for the parties, we dispose of the appeal by directing the appellants to withdraw the order dated 06.10.2023 passed by them and pass a reasoned order in terms of the directions given by the learned Single Judge, which shall also be by - 17 - NC: 2025:KHC:8476-DB WA No. 385 of 2024 C/W CCC No. 1153 of 2023 [ considering whether there are sanctioned posts available for regularizing the services of the respondents and also keeping in view the judgments relied by the learned counsel for the respondents, within a period of two months from the date of receipt of the certified copy of this judgment. 8. In view of the aforesaid, the appeal is disposed of. Also in view of the order passed by us in this appeal being WA No.385/2024, the contempt case in CCC No.1153/2023 is closed. Sd/- (V KAMESWAR RAO) JUDGE Sd/- (T.M.NADAF) JUDGE KGR* List No.: 1 Sl No.: 5