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2025 DAILYLAW 64367 (KAR)

RENUKA NAIKAR D/O BHIMANAYAK NAIKAR v. THE STATE OF KARNATAKA

WP/103018/2024 · 2025-10-16

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:14084 WP No. 103018 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 103018 OF 2024 (S-RES) BETWEEN: 1 . RENUKA NAIKAR D/O BHIMANAYAK NAIKAR, AGE: 42 YEARS, OCC: WORKING AS A COOK AT B.C.M., HOSTEL, NAYANAGAR, TQ: BAILHONGAL, DIST: BELAGAVI-591317. 2 RATNAVVA BAJANTRI, W/O BASAVANTAPPA AGE: 40 YEARS, OCC: WORKING AS A COOK AT PRE-METRIC GIRLS HOSTEL, BAILHONGAL, TQ: BAILHONGAL, DIST: BELAGAVI-591317. 3 NAGAVVA GANGAPPA CHACHADI, AGE: 44 YEARS, OCC: WORKING AS A ASST. COOK AT B.C.M., HOSTEL, HUNASIKATTI, TQ: BAILHONGAL, DIST: BELAGAVI-591317 4 LAGAMAPPA HARIJAN S/O RANAPPA, AGE: 40 YEARS, OCC: WORKING AS A KITCHEN ASSISTANT AT GOVT. PRE-METRIC BOYS HOSTEL, PACHCHAPUR, TQ: HUKKERI, DIST: BELAGAVI-591317. 5 MAHADEVI MANAPPA MADIWALAR, AGE: 48 YEARS, OCC: WORKING AS A COOK AT PRE-METRIC GIRLS HOSTEL, SAVADATTI, TQ: SAVADATTI, DIST: BELAGAVI-591317. 6 SRIDEVI RAIBAG W/O NARAYAN, AGE: 34 YEARS, OCC: WORKING AS A COOK AT PRE-METRIC GIRLS HOSTEL, Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:14084 WP No. 103018 of 2024 BAILHONGAL, TQ: BAILHONGAL, DIST: BELAGAVI-591317. 7 IRAVVA D/O IRAPPA TADASAL, AGE: 43 YEARS, OCC: WORKING AS A WATCHMAN AT GOVT. POST-METRIC GIRLS HOSTEL, BAILHONGAL, TQ: BAILHONGAL, DIST: BELAGAVI-591317. 8 DWARAKA YADDALAPUDI D/O AVALAYYA, AGE: 39 YEARS, OCC: WORKING AS A COOK AT B.C.M. GIRLS HOSTEL, BAILHONGAL, TQ: BAILHONGAL, DIST: BELAGAVI-591317. 9 SHANTAVVA SHANKAREPPA PADESUR, AGE: 32 YEARS, OCC: WORKING AS A COOK AT PRE-METRIC BOYS HOSTEL, SATTIGERI, TQ: SAVADATTI, DIST: BELAGAVI-591317. 10 KAMALAVVA CHARANTIMATH W/O SHANKRAYYA, AGE: 44 YEARS, OCC: WORKING AS A COOK AT GOVT. POST-METRIC GIRLS HOSTEL, BAILHONGAL, TQ: BAILHONGAL, DIST: BELAGAVI-591317. 11 SURESH DASAPPANAVAR, AGE: 38 YEARS, OCC: WORKING AS A ASST. COOK AT PRE-METRIC BOYS HOSTEL, YARAJHARVI, TQ: SAVADATTI, DIST: BELAGAVI-591317. 12. INDRAVVA MURI, AGE: 37 YEARS, OCC: WORKING AS A COOK AT POST-METRIC GIRLS HOSTEL, MUNAVALLI, TQ: SAVADATTI, DIST: BELAGAVI-591317. …PETITIONERS (BY SRI. P G CHIKKANARAGUND, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC-D:14084 WP No. 103018 of 2024 AND: 1. THE STATE OF KARNATAKA, REP. BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE PRINCIPAL SECRETARY, GOVERNMENT OF KARNATAKA, DEPARTMENT OF SOCIAL WELFARE, VIKASA SOUDHA, BENGALURU-560001. 3. THE SECRETARY, BACKWARD CLASSES WELFARE DEPARTMENT, 3RD FLOOR, DEVARAJ URS BHAVAN, MILLERS TANK ROAD, VASANTHA NAGAR, BENGALURU-560052. 4. THE DISTRICT APPOINTING AUTHORITY AND DEPUTY COMMISSIONER, BELAGAVI, OFFICE OF THE DEPUTY COMMISSIONER, BELAGAVI 590001 5. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYAT OFFICE, BELAGAVI NEAR D.C.OFFICE, BELAGAVI 590001. 6. THE DISTRICT OFFICER BELAGAVI DISTRICT BACKWARC CLASSES-WELFARE DEPARTMENT, NEAR D.C.OFFICE BELAGAVI 590001. 7. THE TALUKA OFFICER BAILHONGAL TALUKA BACKWAR CLASSES- WELFARE DEPARTMENT BAILHONGAL TQ. BAILHONGAL 591102, DIST. BELAGAVI. 8. THE TALUKA OFFICER SAVADATTI TALUKA BACKWARD CLASSES-WELFARE DEPARTMENT SAVADATTI, TQ. SAVADATTI 591126, DIST. BELAGAVI. - 4 - HC-KAR NC: 2025:KHC-D:14084 WP No. 103018 of 2024 9. THE TALUKA OFFICER HUKKERI TALUKA BACKWARD CLASSSES-WELFAARE DEPARTMENT, HUKKERI , TQ.HUKKERI 591309 DIST. BELAGAVI. 10. M/S. OBJECT TECHNOLOGIES, NO. 11/39/A, 1ST FLOOR, BULL TEMPLE ROAD, BASAVANAGUDI, BENGALURU-560004 REP BY ITS PROPRIETOR. 11 . RAM COMPUTERS, REP BY ITS PROPRIETOR, NO.4370/B1, SIDDARAMAYYA NILAYA, NEAR COURT COMPOUND, CHAVAT GALLI, BELAGAVI-590001. 12 . HUKKERI TALUKA SAMAGRA GRAMEEN ABHIVRADDI SANGH, HUKKERI, REP BY ITS PROPRIETOR ADMINISTRATIVE OFFICE: SHIVASHARANA COMPLEX, BELAGAVI ROAD, HUKKKERI - 591 309 DIST: BELAGAVI. 13 . EAGLE DETECTIVE FORCE, REP BY ITS PROPRIETOR, SHARADA COMPLEX, KITTUR BUILDING, 3RD FLOOR, P.B.ROAD, DHARWAD-580001. 14 . GEMINI SECURITY and ALLIED SERVICES, REP BY ITS PROPRIETOR, NO. 2345/6, 5TH CROSS, BHADRA COLONY EAST, NITTURVALLI NEW EXTENTION, DAVANAGERE-577 004. 15 . INFOTECH COMPUTER EDUCATION, REP BY ITS PROPRIETOR, "SRI RENUKA", D.K. NAIKAR, NEAR LAXMI TALKIES, DHARWAD. …RESPONDENTS (BY SMT. KIRILATA R. PATIL, HCGP FOR RESPONDENT/STATE) - 5 - HC-KAR NC: 2025:KHC-D:14084 WP No. 103018 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 18/07/2023 SUBMITTED BY THE PETITIONERS FOR REGULARIZATION OF THEIR APPOINTMENT AS GROUP-D VACANT POSTS IN THE RESPONDENT NO 2 TO 6 VIDE ANNEXURE – F AND G TILL THEN NOT TO TERMINATE/REMOVE THE PETITIONERS FROM THE PRESENT WORKING POSTS UNDER RESPONDENT NO 2 TO 6 IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR DISMISSAL THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioners are before this Court seeking the following prayer: A. Issue a Writ of Mandamus directing the Respondents to consider the Representation dated 14.06.2023 & 18/07/2023 submitted by the petitioners for Regularization of their appointment as Group-D vacant posts in the respondent Nos.2 to 6 department vide Annexure – F & G, till then not to terminate/remove the petitioners from the present working posts under respondent no 2 to 6 in the interest of justice and equity. B. Issue any other order/direction deemed fit and proper in the facts circumstances of the case, in the interest of justice and equity. 2. The petitioners are said to have been appointed against vacant sanctioned posts of Group-D employees through private agencies. It transpires that the petitioners were already before this Court in Writ Petition No.142498/2020 seeking the very prayer that is now sought - 6 - HC-KAR NC: 2025:KHC-D:14084 WP No. 103018 of 2024 for i.e., consideration of their cases for regularisation. The Co-ordinate Bench had disposed the petition by following the order: “4. The petitioners claim that they are entitled for regularization of their services. Petitioners grievance is that , the respondent Nos. 1 to 5 have not considered their case for regularization of their service in the light of the decision of Hon’ble Supreme Court in the case of the Secretary, State of Karnataka and others V/s Umadevi And Others. However, the petitioner have not submitted representations with the respondent authority so as to consider their claim for regularization. Hence, the writ petition seeking writ mandamus is not maintainable. 5. However, liberty is reserved with the petitioners to submit representations with the respondent Nos. 1 to 5 for consideration of their claim for regularization of their services in the light of the decision of the Division Bench of this Court in the case of Secretary, State of Karnataka and others V/s Umadevi And Others. If such representations are submitted by the petitioners, the respondent Nos. 2 to 5 are directed to consider the representations submitted by the petitioners and pass appropriate order in accordance with law and also in the light of the decision of the Hon’ble Supreme Court in the case of Secretary, State of Karnataka and others V/s Umadevi And Others. 6. It is made clear that the respondent Nos. 1 to 5 shall not terminate the petitioners from service, if already not terminated till consideration of their representations. Accordingly, writ petition stands disposed of . In view of disposal of the writ petition, all pending applications do not survive for consideration.” - 7 - HC-KAR NC: 2025:KHC-D:14084 WP No. 103018 of 2024 3. Pursuant to the order passed by the Co-ordinate Bench, representations dated 14.06.2023 & 18.07.2023 were submitted to the respondent-State seeking regularisation. The representations so submitted are pending consideration at the hands of the respondent-State even today. 4. In the light of the said circumstance, I deem it appropriate to dispose the petition with a direction to the respondent-State to consider the representations dated 14.06.2023 and 18.07.2023 and pass necessary orders in accordance with law. 5. It is needless to observe that the State while passing orders shall place reliance upon the judgment of the Apex Court in the case of SECRETARY, STATE OF KARNATAKA VS. UMADEVI1 and the subsequent judgments so rendered, upto the latest judgment of the Apex Court in the case of DHARAM SINGH AND OTHERS 1 (2006) 4 SCC 1 - 8 - HC-KAR NC: 2025:KHC-D:14084 WP No. 103018 of 2024 VS. STATE OF U.P. AND ANOTHER2. The consideration of the cases of the petitioners shall be in strict consonance with the law laid down by the Hon’ble Apex Court. 6. The representation of the petitioners shall merit consideration within twelve weeks from the date of receipt of copy of the order. Sd/- (M.NAGAPRASANNA) JUDGE KGK/CT-ASC List No.: 1 Sl No.: 54 2 2025 SCC OnLine SC 1735