Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:16427 WP No. 104311 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 104311 OF 2025 (S-REG)
BETWEEN:
1. TANUJA A. BHANDARI W/O. SUBHAS BHAT, AGED ABOUT 48 YEARS, SECODN DIVISION ASSISTANT, TOWN MUNICIPAL COUNCIL, KUMTA-581343 UTTARA KANNADA DISTRICT. 2. LAXMINARAYANA K. HEGDE S/O. KRISHNA L. HEGDE AGED ABOUT 59 YEARS, TAX BILL COLLECTOR, TOWN MUNICIPAL COUNCIL, KUMTA-581343 UTTARA KANNADA DISTRICT. 3. RAMA M. NAIK S/O. MADHAV NAIK, AGED ABOUT 52 YEARS, TAX SECTION BILL COLLECTOR, TOWN MUNICIPAL COUNCIL, KUMTA -581343 UTTARA KANNADA DISTRICT. 4. FRANCIS MANTU FERNADIS S/O. MANTU FERNANDIS, AGED ABOUT 53 YEARS, WATER SUPPLY VALVEMAN, TOWN MUNICIPAL COUNCIL, KUMTA - 581343 UTTARA KANNADA DISTRICT. 5. NAGARAJ J. NAIK S/O. JATTAPPA NAIK,
Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:16427 WP No. 104311 of 2025
AGED ABOUT 42YEARS, WATER UPPLY PUMP OPERATOR, TOWN MUNICIPAL COUNCIL, KUMTA - 581343 UTTARA KANNADA DISTRICT. 6. SHAKUNTALA G. DESHBHANDARI, W/O. CHANDRAKANT BHANDARI, AGED ABOUT 52 YEARS, SECOND DIVISION ASSISTANT, TOWN MUNICIPAL COUNCIL, KUMTA - 581343 UTTARA KANNADA DISTRICT. 7. SANTOSH T. NAIK S/O. THIMMAPPA NAIK, AGED ABOUT 42 YEARS, SECOND DIVISION ASSISTANT (BUILDING PERMISSION CASE WORKER) TOWN MUNICIPAL COUNCIL, KUMTA - 581343 UTTARA KANNADA DISTRICT. 8. MANJUNATH S. NAIK S/O. SURESH V. NAIK AGED ABOUT 53 YEARS, TAX SECTION BILL COLLECTOR, TOWN MUNICIPAL COUNCIL, KUMTA - 581343 UTTARA KANNADA DISTRICT. 9. PRAKASH H. GAWADI S/O. HERAMBA GAWADI AGED ABOUT 44 YEARS, WATER SUPPLU VALVEMAN TOWN MUNICIPAL COUNCIL, KUMTA - 581343 UTTARA KANNADA DISTRICT. 10. SANTOSH P. NAIK S/O. PANDURANGA NAIK, AGED ABOUT 52 YEARS, WATER SUPPLY PUMP OPERATOR, TOWN MUNICIPAL COUNCIL,
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HC-KAR NC: 2025:KHC-D:16427 WP No. 104311 of 2025
KUMTA - 581343 UTTARA KANNADA DISTRICT. …PETITIONERS (BY SRI. MURALIDHAR K B, ADVOCATE)
AND:
1. THE DIRECTOR MUNICIPAL ADMINISTRATION DEPARTMENT 9TH FLOOR, ISHVESHWARAIAH TOWERS, BENGALURU 560001. 2. THE DEPUTY COMMISSIONER UTTAR KANNADA DIST. 581301 …RESPONDENTS (BY SMT.
GIRIJA S. HIREMATH, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO,
I) ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS OF THE PETITIONERS DATED 23.05.2024 AND 03.02.2025 (ANNEXURE-H AND J) FOR REGULARIZATION OF THEIR SERVICES WITH EFFECT FROM THE DATE OF COMPLETION OF 10 YEARS OF DAILY WAGE SERVICE, WITH ALL CONSEQUENTIAL SERVICE AND FINANCIAL BENEFITS AS DONE IN THE CASE OF SIMILARLY SITUATED 330 DAILY WAGE GROUP-D EMPLOYEES VIDE
ORDER BEARING NO.JI.NA.KO/SIBBANDI/ BEM.NAGARA/CR/80/2021-22 DATED 16.04.2022 PASSED BY THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT (ANNEXURE-D) AND ETC.
II) PASS SUCH OTHER ORDER/ORDERS AS THIS HON BLE COURT DEEMS FIT AND JUST IN THE MATTER IN THE INTEREST OF JUSTICE AND EQUITY IN THE EYE OF LAW.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
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HC-KAR NC: 2025:KHC-D:16427 WP No. 104311 of 2025
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
The petitioners are before this Court seeking the following prayer.
“i) Issue WRIT OF MANDAMUS directing the Respondents to consider the Representations of the Petitioners dated 23.05.2024 and 03.02.2025 (ANNEXURE-H AND J) for regularization of their services with effect from the date of completion of 10 years of daily wage service, with all consequential service and financial benefits as done in the case of similarly situated 330 daily wage Group-D employees vide
order bearing No.Ji.Na.Ko/Sibbandi/Bem.Nagara/ CR/80/2021-22 dated 16.04.2022 passed by the Deputy Commissioner, Bengaluru Urban District (ANNEXURE-D), and as done in the case of similarly situated 70 daily wage Group-C employees vide order bearing No.25260 DMA 26 DWE/2018-19 dated 20.05.2023 passed by the 2nd Respondent (ANNEXURE-E) and as done vide Government
Order bearing No.Na.Aa.E 33 BBM 2023 (E) dated 18.12.2023 passed by the 1st
Respondent (ANNEXURE-F) and as done in the case of similarly situated 15 daily wage Group-D employees vide
order bearing No.Chaa.Ji.Na.Ko/ Sibbandi/CR/426/2018-19 dated 07.02.2024 passed by the Deputy Commissioner, Chamarajanagara District (ANNEXURE-G) on the ground of parity and in the light of the judgment of the Hon’ble Supreme Court rendered in the case of SHRIPAL AND ANOTHER (ANNEXURE-K) in the interest of justice and equity.
ii) Pass such other Order/orders as this Hon’ble Court deems fit and just in the matter in the interest of justice and equity in the eye of law.”
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HC-KAR NC: 2025:KHC-D:16427 WP No. 104311 of 2025
2. Heard the learned counsel Sri. Muralidhar K.B. and the learned HCGP for the respondents.
3. The petitioners are said to have been appointed between the years 1998 to 2001 as Group ‘C’ or ‘D’ employees in Town Municipal Council, Kumta, Uttara Kannada. It is the claim of the petitioners that they have been working for the last 23 to 27 years and are entitled to be considered for regularisation of their services. The representations having gone unheeded, the petitioners are before this Court in the subject petition, quoting several illustrations of either the pourakarmikas of the BBMP or other departments to buttress the submission with regard to the claim or entitlement for regularisation.
4. The learned HCGP submits that if reasonable time is granted, the representations of these petitioners would merit
consideration in accordance with law and appropriate orders would be passed thereon.
5. In the light of the said submission without going into the merit of the claim of these petitioners, I deem it appropriate to dispose of the subject petition with a direction to the
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HC-KAR NC: 2025:KHC-D:16427 WP No. 104311 of 2025
respondent – State to consider the cases of these petitioners strictly in consonance with law bearing in mind the law declared by the Apex Court as followed by this Court from time to time qua the cases of regularisation and pass necessary orders thereon in accordance with law within a period of 12 weeks from the date of receipt of copy of this order.
Sd/- (M.NAGAPRASANNA) JUDGE
Rsh / CT:ANB List No.: 1 Sl No.: 28