- 1 - HC-KAR NC: 2025:KHC:32165 WP No. 28378 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 28378 OF 2023 (S-RES) BETWEEN: SRI. ABDUL SAJID S/O JAVEEN KHAN AGED ABOUT 51 YEARS WATER SUPPLY ASSISTANT (DAILY WAGE) OFFICE OF THE MUNICIPAL COUNCIL CHANNAPATNA, RAMANAGARA DISTRICT 562160 R/AT MEHADI NAGARA MALLAIAH DODDI, CHANNAPATNA RAMANAGARA DISTRICT-562160. …PETITIONER (BY SRI. B S KARTHIKEYAN, ADVOCATE FOR SRI. SATYANARAYANA P HOGADE., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY THE PRINCIPAL SECRETARY TO GOVERNMENT URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA, BENGALURU-560001. 2. THE DIRECTOR OF MUNICIPAL ADMINISTRATION 9TH FLOOR, VISHWESHWARAIAH TOWERS BENGALURU 560001. 3. THE DEPUTY COMMISSIONER RAMANAGRA DISTRICT RAMANAGARA-562159. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32165 WP No. 28378 of 2023 4. THE PROJECT DIRECTOR DISTRICT URBAN DEVELOPMENT CELL RAMANAGARA DISTRICT RAMANAGARA 562159 5. THE COMMISSIONER TOWN MUNICIPAL COUNCIL CHANNAPATNA 562160. …RESPONDENTS (BY SRI.VIKAS R, AGA FOR R1 TO R3: SRI A V GANGADHARAPPA, ADVOCATE FOR R5: R4 SERVED ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ENDORSEMENT BEARING NO. NASACHA/ SIBBANDI/ CR/ 87/ 2023-24 DATED: 13.09.2023(ANNEXURE- F) ISSUED BY THE R-5 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed under Articles 226 & 227 of the Constitution of India, challenging the endorsement dated 13.09.2023 passed by the fifth respondent vide Annexure-F, whereby the request of the petitioner for regularization has been rejected on the ground that, he has not satisfied the four conditions mentioned in the case - 3 - HC-KAR NC: 2025:KHC:32165 WP No. 28378 of 2023 of SECRETARY, STATE OF KARNATAKA V. UMADEVI (3) AND OTHERS reported in (2006) 4 SCC 1. 2. The case of the petitioner is that, he was working in the fifth respondent – Town Municipal Council, on daily wage basis, from 1993, without any break, till today. He was appointed against a vacant post. Without considering this aspect of the matter, the fifth respondent issued an endorsement, rejecting the request of the petitioner for regularization. 3. On service of notice, the fifth respondent filed an objection. The relevant portion at paragraph No.4 is extracted below: “4. The Project Director, District Development Cell, Ramanagara directed to regularise such of the employee working on daily wages for more than 10 years, as per the order of the Supreme Court dated 10/4/2006 and further directed to publish the names of employees inviting objections if any. Accordingly, the names of eligible employees including the petitioner was published on the notice board inviting objections. No objections were filed - 4 - HC-KAR NC: 2025:KHC:32165 WP No. 28378 of 2023 within the specified period and as such, the petitioner is entitled for regularisation of service. This was intimated to the Deputy Commissioner on 31/10/2019 enclosing all the necessary records. The Project Director, District Development Cell, Ramanagara, by letter dated 4/8/2023 directed the Municipality to take action for regularisation in accordance with the circulars issued by the Government from time to time. The petitioner has been endorsed accordingly.” 4. Later, the fifth respondent also filed additional statement of objections. The relevant portion at paragraph No.3 is extracted below: “3. As per the directions of the High Court in W.P.No.34077/2002 dated 14/7/2008 wherein the petitioner sought for direction to appoint him on compassionate grounds as 'D' group employee on the death of his father while in service, the prayer was rejected directing the petitioner to seek for appointment to any suitable post in the usual course. Considering the request of the petitioner to regularise his service, his request was considered by the Municipal Council in its meeting held on 6/12/2014 in subject No.29. It was decided to - 5 - HC-KAR NC: 2025:KHC:32165 WP No. 28378 of 2023 submit the record to the Deputy Commissioner to regularise the service of the petitioner.” 5. In view of the above, the endorsement issued by the fifth respondent needs to be quashed and the matter has to be remitted back for reconsideration afresh. 6. The learned AGA appearing for the respondent – State submits that the State Government will re-consider the case of the petitioner in accordance with law. 7. In view of the above, the following order is passed: (i) The writ petition stands disposed of. (ii) The impugned endorsement dated 13.09.2023 (Annexure-F) issued by the fifth respondent stands quashed. (iii) The fifth respondent – Town Municipal Council is directed to send a proposal on the basis of the application submitted by the petitioner for regularization, to the - 6 - HC-KAR NC: 2025:KHC:32165 WP No. 28378 of 2023 Government, within two weeks from the date of receipt of a copy of this order. (iv) The respondent Nos. 1 to 3 are directed to consider the proposal to be sent by the fifth respondent and pass appropriate orders for regularization of the case of petitioner, if the petitioner satisfies all the conditions mentioned in UMADEVI (supra), as expeditiously as possible not later than three months from the date of the proposal from the fifth respondent. (v) In view of disposal of the petition, all pending applications stand disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 39