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2025 DAILYLAW 47518 (KAR)

SMT. MANJULA W/O SHIVAYYA KARIMANI v. STATE OF KARNATAKA

WP/102987/2023 · 2025-12-09

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:17699 WP No. 102987 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 102987 OF 2023 (S-RES) BETWEEN: SMT. MANJULA W/O SHIVAYYA KARIMANI AGED 32 YEARS, OCC. DAILY WAGER R/O BELAWADI, TQ. BAILHONGAL 591102 DIST. BELAGAVI …PETITIONER (BY SRI. MADANMOHAN M. KHANNUR, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY DEPT. OF CO OPERATION M.S.BUILDING, DR. AMBEDKAR VEEDHI BENGALURU 01 2. THE REGISTRAR OF CO OPERATIVE SOCIETIES ASLI ASKAR ROAD, BANGALORE 560001 3. SRI SOMESHWAR SAHAKARI SAKKARE KARKHANE LTD., BAILHONGAL 591102 DIST. BELAGAVI REP. BY ITS MANAGING DIRECTOR …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1 & R2, SRI. PRAMOD MALLUR, ADV. FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE 3RD RESPONDENT TO CONSIDER THE APPLICATION DATED 15/02/2023 VIDE ANNEXURE-D AND DIRECT THE 3RD RESPONDENT TO MAKE THE APPOINTMENT OF PETITIONER ON PERMANENT BASIS IN THE INTEREST OF JUSTICE.POST WP BEFORE HON BLE SINGLE JUDGE FOR PRELIMINARY HEARING.AHD. 05.05.23 THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:17699 WP No. 102987 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer. “i. Issue a writ of mandamus directing the 3rd respondent to consider the application dated 15/02/2023 vide Annexure-D and direct the 3rd respondent to make the appointment of petitioner on permanent basis in the interest of justice and ii. Grant such other and further reliefs as are just even including the costs of this petition in the interest of justice and equity.” 2. Heard the learned counsel Sri. Madanmohan M. Khannur appearing for the petitioner, the learned HCGP Smt. Girija S. Hiremath representing the respondent Nos.1 and 2 and the learned counsel Sri. Pramod Mallur for respondent No.3. 3. The facts in brief germane are as follows. The petitioner is the wife of one Shivayya, who was an employee of the respondent No.3, who died in harness. Pursuant to the death of the husband of the petitioner, the petitioner was appointed on temporary basis on 22.06.2015. The petitioner is said to be working on temporary basis since then and therefore submits a representation that she has worked for 8 years as on - 3 - HC-KAR NC: 2025:KHC-D:17699 WP No. 102987 of 2023 the date of submission of the representation and seeks continuance of her service on permanent basis. The said representation has not merited consideration and therefore, the petitioner is before this Court in the subject petition. 4. The learned counsel appearing for the petitioner submits that if the direction is issued to the respondent No.3 to consider her case on its merit, it would suffice for the present. 5. In the light of the said submission, without entering into the merit of the claim of the petitioner for continuance on permanent basis, I deem it appropriate to dispose the subject petition with a direction to the respondent No.3 to consider the representation / application and in accordance with law and pass necessary orders thereon within an outer limit of four months from the date of receipt of the copy of the order. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE RSH / CT: ASC LIST NO.: 2 SL NO.: 14