- 1 - HC-KAR NC: 2025:KHC-D:17101 WP No. 104133 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 104133 OF 2024 (S-RES) BETWEEN: SRI. GURUPRASAD BASAVARAJ HIREMATH, AGE 50 YEARS, OCC: JUNIOR ENGINEER, TOWN PANCHAYATH, SHEDBAL, DIST. BELAGAVI-591315. … PETITIONER (BY SRI. P. G. CHIKKANARAGUND, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF URBAN DEVELOPMENT, VIKAS SOUDHA, AMBEDKAR VEEDHI, BANGALURU-560001. REP. BY ITS SECRETARY 2. THE DIRECTOR OF MUNCIPAL ADMINISTRATION, OFICE OF THE DIRECTORATE OF MUNCIPAL ADMINISTRATION, 9TH FLOOR, VISHVESHWARAIAH TOWER DR.AMBEDKAR VEEDHI, BANGALURU-560001. 3. THE DEPUTY COMMISSIONER, BELAGAVI DISTRICT, BELAGAVI-591301. 4. THE CHIEF OFFICER, TOWN PANCHAYATH, SHEDBAL, BELAGAVI DISTRICT, BELAGAVI-591315. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP R1 TO R3; R4- SERVED) Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:17101 WP No. 104133 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO: I) ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 02/11/2023 IN NO. ¸ÀPÁðgÀzÀ DzÉñÀ ¸ÀASÉå: £ÀCE 22, PÉJADgï 2022, ¨ÉAUÀ¼ÀÆgÀÄ PASSED BY THE 1ST RESPONDENT VIDE ANNEXURE-Q IN SO FAR AS IT DENIES THE BENEFIT OF RETROSPECTIVE ABSORPTION OF THE PETITIONER WITH EFFECT FROM 28/10/2005 IN THE CADRE OF JUNIOR ENGINEER. II) DIRECT THE RESPONDENT NO.1 TO 3 TO GRANT THE BENEFIT OF RETROSPECTIVE ABSORPTION OF THE PETITIONER WITH EFFECT FROM 28/10/2005 IN THE CADRE OF JUNIOR ENGINEER UNDER THE 2005 ABSORPTION RULES AND TO GRANT HIM ALL CONSEQUENTIAL SERVICE BENEFITS THAT HE WOULD BE ENTITLED TO, IN THE INTEREST OF JUSTICE AND EQUITY. III) DIRECT THE RESPONDENT NO. TO 1 TO 3 TO CONSIDER THE CASE OF PETITIONER FOR PROMOTION TO THE POST OF ASSISTANT ENGINEER WITH EFFECT FROM 04/08/2009 AS HAS BEEN DONE IN THE CASE OF SIMILARLY PLACED PERSONS WITH ALL CONSEQUENTIAL FINANCIAL BENEFITS THAT HE WOULD BE ENTITLED TO, IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:17101 WP No. 104133 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: “WHEREFORE, it is most respectfully prayed that this Hon’ble Court may be pleased to i) Issue a Writ in the nature of Certiorari quashing the impugned order dated 02/11/2023 in No. ¸ÀPÁðgÀzÀ DzÉñÀ ¸ÀASÉå:£ÀCE22, PÉJADgï 2022, ¨ÉAUÀ¼ÀÆgÀÄ passed by the 1st respondent, vide Annexure-Q in so far as it denies the benefit of retrospective absorption of the petitioner with effect from 28/10/2005 in the cadre of Junior Engineer. ii) Direct the respondent No.1 to 3 to grant the benefit of retrospective absorption of the petitioner with effect from 28/10/2005 in the cadre of Junior Engineer under the 2005 Absorption Rules and to grant him all consequential service benefits that he would be entitled to, in the interest of justice and equity. iii) direct the respondent No. to 1 to 3 to consider the case of petitioner for promotion to the post of Assistant Engineer with effect from 04/08/2009 as has been done in the case of similarly placed persons with all consequential financial benefits that he would be entitled to, in the interest of justice and equity. iv) Issue any other order or direction as this Hon’ble Court may deems fit and proper under the circumstances of the case, in the interest of justice and equity.” - 4 - HC-KAR NC: 2025:KHC-D:17101 WP No. 104133 of 2024 2. The petitioner is in the cadre of Junior Engineer. The petitioner along with others, including Community Affairs Officers and Community Organisers were all employed on contract basis with effect from 1997 and 1998 under the Swarna Jayanthi Shahari Rozgar Yojana, (for short “SJSRY Scheme”) in various Municipalities of the State of Karnataka. After about five or seven years of working, the State Government thought it fit to frame Rules to absorb the Community Affairs Officers, Community Organisers and the Junior Engineers who were working in the Municipalities since 1997-98 under the SJSRY Scheme. Thus, comes about a notification on 28.10.2005, which absorbs the Community Affairs Officers and Community Organisers including several Junior Engineers. Though the petitioner was appointed in the year 1997-98, as other employees were working in various municipalities, the name of the petitioner did not find place in the said notification dated 28.10.2005. The petitioner is said to have filed his objections to the said notification. The objections were not considered to the draft Rules as notified and the petitioner's name was ultimately left out. Several persons like the petitioners in the cadre of Junior Engineer or Community Affairs Officers or - 5 - HC-KAR NC: 2025:KHC-D:17101 WP No. 104133 of 2024 Community Organisers, the names were left out when the absorption Rules came into force on 28.10.2005. 3. Several representations had sprung from various cadres that their names were left out. Therefore, comes the amended Rules on 04.08.2009. The amended rules on 04.08.2009, wherein the names of those persons who had been left out were sought to be inserted into the Rules of 28.10.2005. The order dated 04.08.2009 insofar as it concerns the petitioner reads as follows: “(iv) in the entries relating to the category of posts of Junior Engineers at Sl.No.III after Sl.No.64 and entries relating thereto, the following shall be and shall always be deemed to have been inserted namely.- 1 2 3 4 5 6 Junior Engineer 65 Sri.S.Siddeshwar 05.03.67 18.03.1997 Junior Engineer 8825-16000 66 Sri.K.L.Gopal Swamy 21.05.63 12.06.1998 Junior Engineer 8825-16000 67 Sri.Guruprasad Basavaraj Hiremath 30.12.73 07.01.2000 Junior Engineer 8825-16000 68 Sri.Shivanagouda Basanagouda Marigoudar 01.06.66 01.05.2000 Junior Engineer 8825-16000 69 Sri.Mohammed Rafi Husseinsab Doddamani 22.09.67 01.05.2000 Junior Engineer 8825-16000 70 Sri.Huchappa Ambannappa Bandiwaddar 01.06.71 02.08.2000 Junior Engineer 8825-16000 - 6 - HC-KAR NC: 2025:KHC-D:17101 WP No. 104133 of 2024 4. The order clearly indicates that the petitioner along with three others names deemed to have been inserted into the absorption rules dated 28.10.2005. Notwithstanding the same, the learned counsel for the petitioner now submits that the effect of the order dated 04.08.2009 is given prospectively from the said date. 5. A perusal at the absorption Rules or the facts narrated herein above and the amended Rules dated 04.08.2009 would in unmistakable terms indicate that the entitlement of these petitioners did not spring from air but sprang from the order dated 28.10.2005. Their names were left out. In the light of the insertion they are entitled to their names be included into the absorption Rules and granted all consequential benefits from the said date. 6. The petitioner represents to the respondents seeking the benefit that he has now sought before the Court. The endorsement comes about in the year 2023 rejecting the claim of the petitioner. Therefore, the petition deserves to succeed, as the amended Rules were for insertion and if the amended Rules depict that it is deemed to have been inserted. If it is deemed to - 7 - HC-KAR NC: 2025:KHC-D:17101 WP No. 104133 of 2024 have been inserted, it would undoubtedly relate back to the date on which all other persons were absorbed, i.e., the Rules Dated 28.10.2005. 7. For the aforesaid reasons, the following: ORDER (i) The impugned order dated 02/11/2023 in No. ¸ÀPÁðgÀzÀ DzÉñÀ ¸ÀASÉå: £ÀCE22, PÉJADgï 2022, ¨ÉAUÀ¼ÀÆgÀÄ passed by the 1st respondent, vide Annexure-Q insofar as it denies the benefit of retrospective absorption of the petitioner with effect from 28/10/2005 in the cadre of Junior Engineer stands quashed. (ii) The respondent is directed to consider the date of absorption of the petitioner as 28/10/2005 as is done in the case of others and grant all consequential benefits on the said date. Taking the said date as the date of regularize absorption. - 8 - HC-KAR NC: 2025:KHC-D:17101 WP No. 104133 of 2024 (iii) The order shall be complied with within twelve (12) weeks from the date of receipt of a copy of this order. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE VNP / CT: ANB List No.: 1 Sl No.: 12