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2025 DAILYLAW 46357 (KAR)

THE STATE OF KARNATAKA v. SMT. GULABI

WA/1872/2024 · 2025-11-24

D K Singh, Tara Vitasta Ganju

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:48550-DB WA No. 1872 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 1872 OF 2024 (S-RES) BETWEEN: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA BENGALURU - 560 001. 2. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT BENGALURU - 560 001. 3. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARMTENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, BENGALURU - 560 001. 4. THE DEPUTY COMMISSIONER DAKSHINA KANNADA DISTICT, MANGALURU - 575 001. …APPELLANTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA) - 2 - HC-KAR NC: 2025:KHC:48550-DB WA No. 1872 of 2024 AND: SMT. GULABI W/O VAMAN B K AGED ABOUT 60 EYARS RA/T 1-245//5A, SHREEDHANYA KANDAVARA VILLAGE KINNIKAMBLA POST, MANGALURU TALUK, DAKSHINA KANANDA DISTRICT - 574 151. …RESPONDENT (BY SRI. SUDHINDRA S.A, ADVOCATE) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 23/04/2024 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.10600/2023 AND ALLOW THE PRESENT WRIT APPEAL AND CONSEQUENTLY, TO DISMISS THE WRIT PETITION NO.10600/2023 AND PASS SUCH OTHER ORDERS. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:48550-DB WA No. 1872 of 2024 CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) Heard Sri.Mohammed Jaffar Shah, learned AGA appearing for the appellants and Sri. Sudhindra.S.A., learned counsel appearing for the respondent. 2. The present appeal has been filed impugning the judgment and order dated 23.04.2024 passed in W.P.No.10600 of 2023 (S-RES) by the learned Single Judge. 3. The parties herein are referred to as per their ranking in the writ petition. 4. The petitioner was appointed as a Clerk-cum- Typist on 11th September, 1986 as daily wager at Nada Office (Nada Kacheri), Kadaba, Puttur Taluk, Dakshina Kannada District. The petitioner was thereafter transferred to the office of the Assistant Commissioner, Puttur Sub- - 4 - HC-KAR NC: 2025:KHC:48550-DB WA No. 1872 of 2024 Division, Dakshina Kannada District. The petitioner was further transferred on 07.04.1994 to Gurupura Nada Kacheri as Clerk-cum-Typist. 5. The petitioner gave representation dated 22.04.2006 to the Government for regularization of her services. It appears that the Government had taken a decision on 29.07.2015 to regularize the services of daily wage employees working in Nada Kacheri who fulfilled four conditions as taken note of by the learned Single Judge in paragraph No.6 of the impugned judgment. These conditions would include ten years of continuous service without interruption and without protection of any interim order from the Court. 6. The petitioner's services have not been regularized on the ground that the petitioner continued in the employment because of the interim order dated 22.04.1993 granted in W.P.No.12610 of 1993. - 5 - HC-KAR NC: 2025:KHC:48550-DB WA No. 1872 of 2024 7. The learned Single Judge has taken note of the fact that the petitioner was not a party in the said writ petition and he did not have the benefit of the interim order. Therefore, the ground taken for not regularization of services of the petitioner as she continued in the employment on the strength of the interim order dated 22.04.1993 granted in W.P.No.12610 of 1993 does not exist. 8. Sri.Mohammed Jaffar Shah, learned AGA does not dispute the fact that the petitioner was not a party in the said writ petition and infact, she was not enjoying any interim order. However, she continued in the employment for 37 long years without any interruption before the impugned endorsement dated 16.02.2023 came to be issued. As the substratum of the endorsement dated 16.02.2023 does not exist, we do not find any error in the impugned order and therefore, we dismiss this writ appeal. - 6 - HC-KAR NC: 2025:KHC:48550-DB WA No. 1872 of 2024 In view of the dismissal of the writ appeal, pending interlocutory applications stands disposed of. (D K SINGH) JUDGE (TARA VITASTA GANJU) JUDGE DH List No.: 1 Sl No.: 14 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNTAKA