- 1 - HC-KAR NC: 2025:KHC-D:8406 WP No. 106171 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 106171 OF 2023 (S-REG) BETWEEN: 1. RANJEETKUMAR S/O. SAMBAJIRAO BOYITE, AGE: 45 YEARS, OCC: PUMP HELPER, (TEMPORARY BASIS) IN THE GAJENDRAGAD MUNICIPALITY, GAJENDRAGARH-582114, DISTRICT: GADAG. 2. SHARANAPPA S/O. ANDAPPA YALIGAR, AGE: 50 YEARS, OCC: PUMP HELPER, (TEMPORARY BASIS) IN THE GAJENDRAGAD MUNICIPALITY, GAJENDRAGARH-582114, DISTRICT: GADAG. 3. GURAPPA SANGAPPA PATTANASHETTI, AGE: 47 YEARS, OCC: PUMP HELPER, (TEMPORARY BASIS) IN THE GAJENDRAGAD MUNICIPALITY, GAJENDRAGARH-582114, DISTRICT: GADAG. …PETITIONERS (BY SRI. SUNIL S. DESAI & SRI. ARAVIND D. KULKARNI, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIKAS SOUDHA, BENGALURU-560001. Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:8406 WP No. 106171 of 2023 2. THE DIRECTOR, DIRECTORATE OF MUNICIPAL ADMINISTRATION, 9TH FLOOR, V.V. TOWER, DR. B R AMBEDKAR VEEDHI, BENGALURU-560001. 3. THE PROJECT DIRECTOR, DISTRICT URBAN DEVELOPMENT CELL, OFFICE OF THE DEPUTY COMMISSIONER, ROOM NO.123, DISTRICT ADMINISTRATIVE BUILDING, GADAG-582101. 4. THE DEPUTY COMMISSIONER, OFFICE OF THE DEPUTY COMMISSIONER, GADAG DISTRICT, GADAG-582101. 5. THE CHIEF OFFICER, TOWN MUNICIPAL COUNCIL, GAJENDRAGAD-582114, DIST: GADAG. …RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1-R4; NOTICE TO R5 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE CLAIM OF THE PETITIONERS TO REGULARISE THEIR SERVICE, AS THEY HAVE COMPLETED 10 YEARS OF CONTINUOUS SERVICE IN THE POST HELD BY THEM WITHOUT ANY BREAK AND ALSO AS PER THE RECOMMENDATION MADE BY THE 5TH RESPONDENT VIDE RECOMMENDATION LETTER DATED 04.09.2012 (ANNEXURE-E) AND RECOMMENDATION LETTER DATED 03.03.2022 (ANNEXURE-K) ISSUED BY THE 3RD RESPONDENT, THE INTEREST OF JUSTICE AND ETC. - 3 - HC-KAR NC: 2025:KHC-D:8406 WP No. 106171 of 2023 THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) Petitioners filed this petition seeking for writ of mandamus directing respondents to consider the claim of petitioners to regularize their service for having completed 10 years of continuous service in the post held by them. 2. Petitioners are appointed as ‘Pump Helper’ on daily wages by the order of 5th respondent on 01.06.2002 and they have been discharging their service to the satisfaction of the respondents honestly and without any blemish. This being the state of affairs, respondent No.5 sent a letter of proposal for regularization of service of petitioners along with application and relevant enclosures and documents for sanction of post. Despite the said recommendation sent, no action was taken by the respondent concerned authority. - 4 - HC-KAR NC: 2025:KHC-D:8406 WP No. 106171 of 2023 3. It is contended by learned counsel for petitioners that as per direction of respondents No.3, respondent No.5 sent list of employees of TMC, Gajendragadh, who are entitled to regularize. But till date no action has been taken by respondents No.2 to regularize the service of petitioners. Petitioners have put in 21 years of service in the 5th respondent/TMC, Gajendragadh. It is further contended by learned counsel for petitioners that as per the Karnataka Municipalities (Recruitment of Officers and Servants) Rules, 1971 Schedule I at Sl.No.36 ‘Helpers’ post is specified. Therefore, the said post of ‘Helper’ is sanctioned post insofar as Municipalities are concerned. Thereafter, in 2004 new rules were brought into force, which also held that the Helper is a post under Sl.No.40, thereafter again in the year 2010, the Government of Karnataka introduced new rules in supersession of Rules of 2004, where the Helper post is kept intact. Therefore, the petitioners are entitled to regularize of their services in the said post. - 5 - HC-KAR NC: 2025:KHC-D:8406 WP No. 106171 of 2023 4. Learned counsel for petitioners relies upon an order passed by coordinate bench of this Court in the case of Sri Anandu S/o. Ramachandra Gaonkar and Another vs. The Principal Secretary, Government of Karnataka and Others, Writ Petition No.100556/2024(S-RES) dated 20.02.2025. He also relies on the Judgments passed by the Hon’ble Apex Court in the case of Jaggo vs. Union of India and Others, reported in 2024 INSC 1034 and in the case of Shripal and Another vs. Nagar Nigam, Ghaziabad, reported in 2025 INSC 144 in support of his case. 5. Learned HCGP appearing for respondents No.1 to 4 do not dispute the legal position and the order of this Court and Judgments of Hon’ble Apex Court stated supra and the ratio laid down therein and therefore having heard learned counsel for petitioners and learned HCGP for respondents No.1 to 4 and the order of this Court and Judgments of Hon’ble Apex Court relied on by learned counsel for petitioners, I pass the following : - 6 - HC-KAR NC: 2025:KHC-D:8406 WP No. 106171 of 2023 ORDER (i) Petition is allowed. (ii) Writ of mandamus is issued directing respondent No.2 to consider the claim of petitioners to regularize their services for having completed 10 years of continuous service in the post held by them without any break. (iii) The respondents shall take into consideration the recommendation so made by respondent No.5 by the letter dated 04.09.2012 and 03.03.2022 issued by respondent No.3. (iv) The respondents shall pass orders keeping in mind the order passed by the Coordinate Bench of this Court in the case of Sri.Anandu and Another Vs. The Principal Secretary and Others, in W.P.N. 100556/2024 dated 20.02.2025, within - 7 - HC-KAR NC: 2025:KHC-D:8406 WP No. 106171 of 2023 eight weeks from the date of receipt of copy of this order. Sd/- (PRADEEP SINGH YERUR) JUDGE GAB/CKK CT-MCK List No.: 1 Sl No.: 86