- 1 - HC-KAR NC: 2025:KHC-D:9207-DB WP No. 105592 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND WRIT PETITION NO.105592 OF 2024 (S-KAT) BETWEEN: SRI BALARAM P. JORAPUR S/O PRAHLAD RAO AGE. 60 YEARS, OCC. JUNIOR CHEMIST, OFFICE OF THE EXECUTIVE ENGINEER, DEPARTMENT OF RURAL DRINKING WATER AND SANITATION, BALLARI. R/O S.N. PET, NIJALINGAPPA COLONY, PLOT NO.3, NEAR GANESH TEMPLE, BALLARI 583103, TQ/DIST. BALLARI. …PETITIONER (BY SRI. BHUSHAN B. KULAKARNI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY. ITS PRINCIPAL SECRETARY, TO THE GOVERNMENT, RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT, M.S. BUILDING, BENGALURU 560001. 2. THE CHIEF ENGINEER, PANCHAYAT RAJ ENGINEERING DEPARTMENT, KARNATAKA SLUM CLEARANCE BOARD, COMPLEX RASILDAR ROAD, SHESHADRIPURAM, BENGALURU 560001. MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.07.26 10:34:52 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9207-DB WP No. 105592 of 2024 3. THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYAT, BALLARI 583101, TQ/DIST. BALLARI. 4. THE SUPERINTENDING ENGINEER, PANCHAYAT RAJ ENGINEERING CIRCLE, BALLARI 583101, TQ/DIST. BALLARI. 5. THE EXECUTIVE ENGINEER, PANCHAYAT RAJ ENGINEERING DIVISION, BALLARI 583101, TQ/DIST. BALLARI. …RESPONDENTS (BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1, R2 & R4; SRI. V. SHIVARAJ HIREMATH, ADVOCATE FOR R3 & R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR DIRECTION OR ORDER IN THE NATURE OF WRIT OF CERTIORARI, TO QUASH THE IMPUGNED ORDER DATED 06.06.2024 IN APPLICATION NO.10571/2023 PASSED BY THE HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BELAGAVI AS PER ANNEXURE-A, AND ALLOW THE APPLICATION NO.10571/2023 BY DIRECTING THE RESPONDENTS TO REGULARIZE THE SERVICES OF THE PETITIONER & ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND - 3 - HC-KAR NC: 2025:KHC-D:9207-DB WP No. 105592 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) Petitioner had filed an application before the Karnataka State Administrative Tribunal, Belagavi in the year 2023 with a prayer to quash an endorsement issued on 24.08.2013, at the hands of respondent No.3-Chief Executive Officer, Zilla Panchayat, Ballary declining to regularize the service of the petitioner. 2. On the previous occasion, we noticed that the Tribunal dismissed the application only on the ground of delay and laches. It is found that the petitioner herein who was appointed on daily wages as Chemist (Junior) was considered along with several other employees for regularization. However, it is informed to the petitioner that as per the Government Order No.RDP 607 RWS(1) 91 Bangalore dated 28.08.1991, the post of Chemist (Junior) was not vacant at the time when the petitioner was taken in as daily wager and therefore, such an appointment was not against vacant post. Further, as far back as - 4 - HC-KAR NC: 2025:KHC-D:9207-DB WP No. 105592 of 2024 31.03.2016, the petitioner was given the benefit of the scheme in terms of the Welfare Rules, 2013 only to the extent of protection of continuation of the service till the age of superannuation and other benefits in terms of the scheme. The Tribunal therefore, held that the application filed in the year 2023 cannot be entertained. However, at the request of the learned counsel for the petitioner we had adjourned the matter thrice to enable the learned counsel either to secure instruction from the petitioner to withdraw the writ petition or to place any judgment supporting the contention of the petitioner. 3. Today, learned counsel for the petitioner on instruction submits that since the petitioner has already attained the age of superannuation, no useful purpose would be served in pursuing this writ petition. However, the petitioner may be permitted to make representation to the respondents for re-fixing the pay scale and grant of arrears of salary, since the petitioner was treated as First - 5 - HC-KAR NC: 2025:KHC-D:9207-DB WP No. 105592 of 2024 Division Assistant, when admittedly he was appointed as Chemist (Junior). 4. The writ petition is accordingly disposed of reserving liberty to the petitioner to make such a representation seeking re-fixation of salary and payment of arrears in the appropriate cadre. Ordered accordingly. Sd/- (R.DEVDAS) JUDGE Sd/- (K V ARAVIND) JUDGE MBS, CT:VP LIST NO.: 1 SL NO.: 54