- 1 - HC-KAR NC: 2025:KHC-D:16864 WP No. 103476 of 2017 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 103476 OF 2017 (S-RES) BETWEEN: VIJAY Y.B. S/O. Y.G BADAGI AGE: 45 YEARS, R/O:BASAVESWARA NAGAR GULEDGUDDA-587203 …PETITIONER (BY SRI. J S SHETTY, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER BAGALKOT DISTRICT NAVANAGAR BAGALKOT 2. GULEDGUDDA TOWN MUCNIPAL COUNCIL BAGALKOT DISTRICT BY ITS COMMISSIONER 3. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF URBAN DEVELOPMENT 4TH FLOOR, M.S.BUILDING, BENGALURU …RESPONDENTS (BY SRI. A.S. PATIL, ADVOCATE FOR R2; Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16864 WP No. 103476 of 2017 SMT. GIRIJA S. HIREMATH, HCGP FOR R1; R3-SERVED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NO.1 AND 2 TO APPOINT THE PETITIONER TO THE POST OF THE COMMUNITY ORGANISER IN THE SECOND RESPONDENT GULEDGUDDA TOWN MUNICIPAL COUNCIL, UNDER THE SWARNA JAYANTI SHAHAR ROZGAR YOJANA IN PURSUANCE OF THE NOTIFICATION NO.PU.SA.3.C.R.92/01-02 DATED:26.03.2002, THE COPY OF WHICH HAS BEEN PRODUCED HEREWITH AT ANNEXURE-A, AND ALSO TO ABSORB HIM UNDER THE EMPLOYMENT OF THE SECOND RESPONDENT BY GRANTING ALL THE CONSEQUENTIAL BENEFITS, GRANTED IN FAVOUR OF THE SIMILARLY SITUATED OTHER CANDIDATES, BY CONSIDERING THE APPLICATIONS DATED:17.12.2001, FILED BY THE PETITIONER FOR THE POST OF THE COMMUNITY ORGANISER, IN GULEDGUDDA TOWN MUNICIPAL COUNCIL UNDER THE SWARNA JAYANTI SHAHAR ROJAGAR YOJANA SCHEME, THE COPY OF WHICH HAVE BEEN PRODUCED HEREWITH AND MARKED AS ANNEXURE-'B' THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:16864 WP No. 103476 of 2017 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer. a) A writ of mandamus directing the respondents No.1 and 2 to appoint the petitioner to the post of the Community Organiser in the second respondent Guledgudda Town Municipal Council, under the Swarna Jayanti Shahar Rozgar Yojana in pursuance of the notification No.Pu.Sa.3.C.R.92/01-02 dated:26.03.2002, the copy of which has been produced herewith at Annexure-A, and also to absorb him under the employment of the second respondent by granting all the consequential benefits, granted in favour of the similarly situated other candidates, by considering the applications dated:17.12.2001, filed by the petitioner for the post of the Community Organiser, in Guledgudda Town Municipal Council under the Swarna Jayanti Shahar Rojagar Yojana Scheme, the copy of which have been produced herewith and marked as Annexure-'B'. b) Such other relief which this Hon’ble court deems fit to grant in the facts and circumstances of the case may kindly be granted in favour of the petitioner, by allowing this writ petition with cost through out, in the ends of justice and equity. 2. The petitioner is appointed in the Department of Municipal Administration in the year 1998-1999 on daily basis in the cadre of Community Organizer along with others. The State, owing to the fact that several employees were appointed in the year 1998-1999, absorbed all by framing rules on 28.10.2005. - 4 - HC-KAR NC: 2025:KHC-D:16864 WP No. 103476 of 2017 The absorption that was made qua other employees was not given benefit of, to the petitioner. Therefore, the petitioner has submitted representation to the respondents to consider his case also for absorption into the services. As Community Organizer, as was done in cases of plethora of persons who were appointed as Community Organizers or Community Affairs Officers, as is done on 28.10.2005. Therefore, the respondent – State shall now consider the cases of this petitioner also if the petitioner is entitled with all the conditions being fulfilled in terms of the Government Order dated 28.10.2005. 3. If the petitioner's case has already been considered, it is open to the petitioner to avail of such remedy as is available in law in the event he is aggrieved. If it is not considered, the same shall merit consideration at the hands of the State within an outer limit of 12 weeks from the date of receipt of the copy of this order. Order accordingly. Sd/- (M.NAGAPRASANNA) JUDGE RSH / CT: ASC LIST NO.: 2 SL NO.: 118