- 1 - HC-KAR NC: 2025:KHC-D:10917 WP No. 111768 of 2017 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 111768 OF 2017 (S-REG) BETWEEN: 1. 1.A 1.B RODDAPPA YALLAPPA CHALAWADI, S/O YALLAPPA, AGE: 59 YEARS, OCC: WORKING AS WATCHMAN (1987-2018) O/O SUPERINTENDENT ENGINEER, KRISHNA BHAGYA JALA NIGAMA LTD. UPPER KRISHNA PROJECT, BAGALKOTE-587103 SINCE DIED ON 16.11.2020 REP BY LR’s SHARAVVA CHALAWADI (DAUGHTER) D/O YALLAPPA CHALAWADI, AGED ABOUT 55 YEARS R/A. KADLIMATTI, BAGALKOT, KARNATAKA-587111 MADEVI SHIDDAPA CHALAWADI (DAUGHTER) D/O YALLAPPA CHALAWADI, AGED ABOUT 47 YEARS R/A. KADLIMATTI, BAGALKOT, KARNATAKA-587111 2. CHANABASAPPA MALLAPPA BADAWADAGI, S/O MALLAPPA, AGE: 51 YEARS, OCC: WORKING AS PATAKARI (1988-TILL TODAY) O/O ASSISTANT EXECUTIVE ENGINEER, KNNL (KARNATAKA NIRAVARI NIGAM LTD.) NO.7. MLBC COLONY, BADAMI, BADAMI TALU, BAGALKOT-587201. R/A: M.L.B.C. COLONY BADAMI-587201. Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10917 WP No. 111768 of 2017 3. 3A 3B RAYAPPA R MUTTATI, S/O RAMAPPA, AGE: 64 YEARS, WORKED AS WATCHMAN (1986-2013) O/O ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT SUBDIVISION ALMATTI, VIJAYAPURA-586201 SINCE DEAD ON 28.04.2022 REPRESENTED BY LRs RAMAPPA R MUTTATTI (SON) S/O RAYAPPA R. MUTTATTI, AGED ABOUT 30 YEARS R/AT: MANAHALLI POST, RAMPUR, NEAR WATER TANK, BAGALKOT, KARNATAKA-587207. SIDDAPPA R. MUTTATTI (SON) S/O RAYAPPA R. MUTTATTI, AGED ABOUT 40 YEARS R/AT: MANAHALLI POST, RAMPUR, NEAR WATER TANK, BAGALKOT, KARNATAKA-587207. 4. BHADRAPPA S/O BASAPPA HUGUND, AGE: 49 YEARS, OCC: WORKING AS WATCHMAN (1986-TILL TODAY) O/O RANGE FOREST OFFICER, DEPARTMENT OF FOREST, BAGALKOT-587103. R/AT GADANAKERI CROSS, BAGALKOT TALUK, BAGALKOT-587101. 5. GUNDAPPA HUCHAPPA PARASANNAVAR, S/O HUCHAPPA, AGE: 56 YEARS, WORKING AS WATCHMAN (1987-TILL TODAY) O/O RANGE FOREST OFFICER, DEPARTMENT OF FOREST, BAGALKOT-587103. - 3 - HC-KAR NC: 2025:KHC-D:10917 WP No. 111768 of 2017 R/AT SHIROOR, BAGALKOT-587156. 6. MANOHAR L WADKAR (RETIRED) S/O LAXMAN, AGE: 61 YEARS, WORKED AS GANGMAN (1986-2022) O/O ASSISTANT EXECUTIVE ENGINEER, PANCHAYAT RAJ ENGINEERING DEPARTMENT, SUBDIVISION BAGALKOTE, R/O TIMMAPUR, BAGALKOT-587101. 7. 7A 7B 7C 7D BASAPPA HUCHAPPA PARASANAVAR (RETIRED) S/O HUCHAPPA, AGE: 60 YEARS, WORKED AS WATCHMAN (1984-2024) O/O ASSISTANT EXECUTIVE ENGINEER, DEPARTMENT RURAL WATER SUPPLY AND SANITATION, BAGALKOTE SUBDIVISION-587101 R/A: WARD NO. MINACHAMADDI, SIRUR, BAGALKOTE-587156 SINCE DEAD ON 17.03.2025 REPRESENTED BY LR’s ANNAPURNA PARASANNAVAR W/O BASAPPA HUCHCHAPPA PARASANNAVAR, AGED ABOUT 64 YEARS R/AT WARD NO. 11, SIRUR, BAGALKOTE-587156 LAXMIBAI PARASANNAVAR, W/O BASAPPA HUCHCHAPPA PARASANNAVAR, AGED ABOUT 64 YEARS R/AT WARD NO. 11, SIRUR, BAGALKOTE-587156 JAYASHREE BALAKRISHNA GUDADE, C/O BALAKRISHNA GUDADE, AGED ABOUT 35 YEARS R/AT: 3172, HUNDEKAR GALLI, ATHANI, BELAGAVI-591304. VEENA KHANDANNAVAR, - 4 - HC-KAR NC: 2025:KHC-D:10917 WP No. 111768 of 2017 7E C/O PRAVEEN, AGED ABOUT 27 YEARS R/AT RAMATHIRTHA HOSAKOPPA, BAICHAVALLI POST, HANAGAL TALUK, HAVERI-581104. KAVERI BASAPPA PARASANNAVAR, D/O LATE BASAPPA AGED ABOUT 23 YEARS, R/AT WARD NO.11, SIRUR, BAGALKOTE-587156. 8. BHIMMAPPA RANGAPPA KESHNUR (RETIRED) S/O RANGAPPA KESANUR, AGE: 72 YEARS, WORKED AS GANGMAN (1985-2013) O/O ASSISTANT EXECUTIVE ENGINEER, PANCHAYAT RAJ ENGINEERING DEPARMENT, SUBDIVISION BAGALKOTE-587101 R/AT #106, KADALIMATTI, BAGALKOT, BAGALKOTE-587111 9. MUDAKAPPA KARADI S/O KAREPPA KARADI, AGE: 59 YEARS, WORKING AS CLEANER (1988-2025), O/O ASSISTANT EXECUTIVE ENGINEER, DEPARTMENT RURAL WATER SUPPLY AND SANITATION, MUDDEBIHAL, VIJAYAPURA-586212, R/A: PILLAKYAM NAGAR BEHIND JNANABARTHI SCHOOL, MUDDEBIHAL, VIJAYAPURA-586212 10. ABDULRAHIMAN HIPPARAGI (RETIRED) S/O KAJESAB HIPARAGI, AGE: 63 YEARS, WORKED AS HANDPUMP HELPER (1986-2022) O/O ASSISTANT EXECUTIVE ENGINEER, PANCHAYAT RAJ ENGINEERING ENGINEER, PANCHAYAT RAJ ENGINEERING DEPARTMENT, SUBDIVISION MUDDEBIHAL-586212. - 5 - HC-KAR NC: 2025:KHC-D:10917 WP No. 111768 of 2017 R/AT ASHARAGALLI, MUDDEBIHAL, VIJAYAPURA-586212. 11. NAZIR AHMED NAIKODI (RETIRED) S/O DAWAL SAB, AGE: 62 YEARS, WORKED AS COOK, (1982-2022), O/O TALUK WELFARE OFFICER, BACKWARD CLASS, WELFARE DEPARTMENT, MUDDEBIHAL-586212, R/AT NO.06, MADINA NAGAR, BASAVANABAGEVADI, VIJAYAPURA-586203. …PETITIONERS (BY SRI. V. LAKSHMINARAYANA, SENIOR COUNSEL APPEARED FOR SMT. ANUSHA L. AND SRI. M.S. HALLIKERI., ADVOCATES) AND: 1. THE STATE OF KARNATAKA, BY PRINCIPAL SECRETARY, WATER RESOURCE DEPARTMENT, IIIRD FLOOR, VIKASA SOUDHA, BENGALURU-560001. 2. THE STATE OF KARNATAKA, BY ITS SECRETARY, FOREST DEPARTMENT, M.S. BUILDING, BENGALURU-560001. 3. THE PRINCIPAL CHIEF CONSERVATORS OF FORESTS, ARANYA BHAVAN, 18TH CROSS, MALLESWARAM, BENGALURU-560001. 4. THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF PANCHAYATHRAJ AND RURAL DEVELOPMENT, M.S. BUILDING, - 6 - HC-KAR NC: 2025:KHC-D:10917 WP No. 111768 of 2017 BENGALURU-5600010. 5. THE COMMISSIONER, BACKWARD CLASSES AND MINORITY DEPARTMENT, DEVARAJARASA BHAVAN, VASANTANAGAR, BANGALORE-560020. …RESPONDENTS (BY SRI. P.N,. HATTI., HCGP., FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT, DIRECTING THE RESPONDENT TO CONSIDER PETITIONER'S REPRESENTATION DATED:04.12.2017 AS PER ANNEXURE-M SERIES AND TO REGULARIZE THE SERVICES OF THE PETITIONER ON COMPLETION OF 10 YEARS BASED ON THE DECISION OF THE HON'BLE APEX COURT ON 07.03.2014 IN THE CASE OF MALTHI DAS (RETIRED) NOW P.B.MAHISHY & OTHERS V/S SURESH & OTHERS WHICH IS REPORTED IN (2014) 13 SCC 249 AS PER ANNEXURE-D AND ALSO CONSIDER THE CASES OF THE PETITIONERS ON THE PRINCIPLES OF PARITY ON PAR WITH THAT GOVERNMENT ORDER DATED:04.02.2015 AS PER ANNEXURE-B AND TO TAKE A DECISION IN THE LIGHT OF THE ORDER PASSED BY THE HON'BLE APEX COURT IN CIVIL APPEAL NO.8656-8657/2002 DISPOSED OF ON 26.02.2014 AND GOVERNMENT ORDER DATED:13.05.2016 AS PER ANNEXURE-P & Q AND ETC. THIS WRIT PETITION, COMING ON FOR FINAL HEARING, THIS DAY ORDER WAS MADE THEREIN AS UNDER: - 7 - HC-KAR NC: 2025:KHC-D:10917 WP No. 111768 of 2017 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: a. Issue a writ of mandamus or any other writ, directing the Respondent to consider petitioner’s representation dated 4.12.2017 as per Annexure-M series and to regularize the services of the petitioner on completion of 10 years based on the decision of the Hon’ble Apex Court on 07.03.2014 in the case of Malthi Das (retired) now P.B.Mahishy & others vs. Suresh & others, which is reported in (2014) 13 SCC 249 as per Annexure-D and also consider the cases of the petitioners on the principles of parity on par with that Government Order dated 04.02.2015 as per Annexure-B and to take a decision in the light of the order passed by the Hon’ble Apex Court in Civil Appeal No.8656-8657/2002 disposed of on 26.02.2014 and Government order dated 13.5.2016 as per Annexure-P & Q. b. Direct the Respondent to extend all consequential benefits such as difference of salary increment and fixation of salary on regularization of service upon completion of 10 years of service; c. Grant equal pay for equal work as per the principles laid down by the Hon’ble Supreme Court in Civil Appeal No.213/2013 (State of Punjab & ors. vs. Jagjit Singh & Ors.) disposed of on 26.10.2016 reported in (2017) 1 SCC 148. d. Issue any other writ, order or direction and such other reliefs as this Hon’ble Court may deem fit by granting the facts and circumstances of the case, in the interest of justice and equity. - 8 - HC-KAR NC: 2025:KHC-D:10917 WP No. 111768 of 2017 2. The grievance of the petitioners is that though they have completed 10 years of working with the respondent, their request for regularization submitted as far back from 4.12.2017 has not been considered. 3. The submission of Sri.V.Lakshminarayan, learned senior counsel is that petitioners No.1 and 3 having expired, petitioner No.2, 4, 5 and 9 are still continuing to serve respondents, whereas petitioners No.6, 7, 8, 10 and 11 have superannuated. In that background, his submission is that the service of the petitioners have to be regularised. 4. Considering that the earlier representation with submitted in the year 2017 and much water has flown including various other judgments which have been rendered by this court and Hon’ble Apex Court, I am of the opinion that the petitioners would be required to be provided one more opportunity to furnish additional representation to the respondents which can be - 9 - HC-KAR NC: 2025:KHC-D:10917 WP No. 111768 of 2017 considered and necessary orders passed within a period of eight weeks of such submission. 5. In that view of the matter, I pass the following: ORDER i. The writ petition is partly allowed. ii. A mandamus is issued directing the respondents to consider the representation of the petitioner dated 4.12.2017 at Annexure-M series, as also the additional representation which is permitted to be submitted by the petitioners within three weeks from the date of receipt of this order. iii. Respondents to dispose the representation and additional representation in accordance with law within a period of eight weeks of such receipt of the additional representation. iv. Pending IAs stand dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 85