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2025 DAILYLAW 68289 (KAR)

C NARAYANASWAMY v. THE STATE OF KARNATAKA

WP/7212/2025 · 2025-08-30

H T Narendra Prasad

Public Interest Litigationbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:33991 WP No. 7212 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 7212 OF 2025 (S-REG) BETWEEN: 1. C NARAYANASWAMY S/O CHIKKAKARIYAPPA AGED ABOUT 5TH MAIN ROAD BINNY COLONY BASAWESHWARANAGAR BANGALORE-560079. 2. RAMAIAH S/O THIMAIAH AGED ABOUT 58 YEARS R/AT NO.6/34 6TH CROSS 16TH MAIN ROAD, J C NAGAR KURUBARAHALLI BANGALORE-560 049. 3. SMT. SIDDAMMA W/O SHIVASWAMY AGED ABOUT 60 YEARS R/AT NO.1555-1, GANGANADI ROAD BASAVANAGUDI BANGALORE-560 043. 4. MOTTAIAH S/O MUNITHIMMAIAH AGED ABOUT 59 YEARS RESIDING AT NO.790 Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33991 WP No. 7212 of 2025 7TH CROSS, 14TH MAIN ROAD SRINIVASANAGAR BANGALORE-560 050. 5. PUTTARAJU S/O LINGAPPA AGED ABOUT 58 YEARS RESIDING AT NO.118/1 11TH CROSS, SHIVAPURA BACKSIDE TO NTTF BANGALORE-560050. 6. P. KRISHNAPPA S/O PILLAPPA AGED ABOUT 58 YEARS RESIDING AT NO.13 2ND CROSS BILEKAHALLI LAYOUT BANNERGHATTA ROAD BANGALORE-560 076. 7. RAMA S/O NARASAIAH AGED ABOUT 59 YEARS GARDENER OFFICE OF DEPUTY DIRECTOR HORTICULTURE CUBBON PARK, BANGALORE-560 001. 8. HUCHEGOWDA S/O K KULLAPPA AGED ABOUT 59 YEARS RESIDING AT NO.92 K G NAGAR, 2ND CROSS GAVIPURAM GUTTAHALLI BANGALORE-560013. 9. KANTHAMMA W/O MALLEGOWDA AGED ABOUT 57 YEARS - 3 - HC-KAR NC: 2025:KHC:33991 WP No. 7212 of 2025 RESIDING AT DINNURE R.T NAGAR, BANGALORE-560032. 10. JAYAMMA W/O VENKATESH AGED ABOUT 59 YEARS RESIDING AT R.T, NAGAR KAVALBYRASANDRA BANGALORE-560 032. 11. LAKSHMAMMA W/O CHELUVAIAH AGED ABOUT 59 YEARS R/AT KAMAKSHIPALYA BANGALORE-560079. 12. LAKSHMAMMA W/O BORLINGAIAH AGED ABOUT 58 YEARS R/AT NO.7, BLOCK NO.12 K S D B NEW QUARTERS KAVERINAGAR, LAKSHMIDEVINAGAR BANGALORE-560001. 13. H NAGARAJ S/O KUNNAIAH AGED ABOUT 56 YEARS RESIDING AT NO.240 7TH A CROSS, SHASTRINAGAR JAYANAGARA, BANGALORE-560 041. 14. T GUDDADARANGAPPA S/O THIMMANNA AGED ABOUT 56 YEARS RESIDING AT NO.123/1 2ND MAIN, 9TH CROSS PANCHASHEELANAGAR MUDALAPALYA BANGALORE-560 040. - 4 - HC-KAR NC: 2025:KHC:33991 WP No. 7212 of 2025 15. VASANTHAMMA W/O LATE SRI RAMANNA AGED ABOUT 59 YEARS NO.29, V R ANANTHAMURTY ROAD NEELAGIRITHOPU HEGGANAHALLI CROSS SUNKADAKATTE, BANGALORE-560 072. 16. V VASU S/O VENKATAPPA AGED ABOUT 54 YEARS R/AT YENTAGANAHALLI NELAMANGALA TALUK BANGALORE RURAL DISTRICT-56213. 17. MADAMMA W/O MADAIAH AGED ABOUT 51 YEARS RESIDING AT NO.25 MILSANDRA, HARSHA LAYOUT KENGERI, BANGALORE-560060. 18. MUNISWAMY S/O MUTTAHHAPPA AGED ABOUT 59 YEARS R/AT 150/1, 3RD CROSS 80 FEET ROAD, RANGAPPANILAYA BASAPPA LAYOUT, MALLATHALLI BANGALORE-560 061. 19. SAVITHRAMMA W/O VENKATACHALA AGED ABOUT 58 YEARS R/AT NO.87 MARUTHINAGAR BANGALORE SOUTH BANGALORE-560 033. 20. SHIVANNA S/O LINGEGOWDA AGED ABOUT 55 YEARS R/AT NO.50, 3RD CROSS - 5 - HC-KAR NC: 2025:KHC:33991 WP No. 7212 of 2025 MANJUNATHNAGAR ITTAMADAU, BSK III STAGE BANGALORE-560079. 21. B L NAGARAJ S/O LATE SRILINGAIAH AGED ABOUT 58 YEARS NO.59, SAKAMMA GARDEN 1ST MAIN ROAD 7TH CROSS, BASAVANAGUDI BANGALORE-560 004. 22. SHANTHA W/O THIMMAIAH AGED ABOUT 58 YEARS R/AT NO.4 2ND CROSS G M RAMAKRISHNAPPA LAYOUT GEDDALAHALLI BANGALORE-560 023. 23. R NARSING RAO S/O RAM RAO AGED ABOUT 59 YEARS R/A NO.32, 5TH MAIN ROAD 3RD CROSS, 3ED BLOCK 24. VENKATESH S/O HONNAPPA AGED ABOUT 58 YEARS} HONNAGANHATTI TAVAREKERE HOBLI NAGASANDRA POST DODDABIDRAKALLU BANGALORE-560073 25. RANGAPPA S/O HALLI RANGAPPA AGED ABOUT 60 YEARS R/AT 46 THIPPENAHALLI, YESHWANTHAPURA HOBLI NAGASANDRA POST - 6 - HC-KAR NC: 2025:KHC:33991 WP No. 7212 of 2025 DODDABIDRAKALLU BANGALORE-560 073. 26. LAKSHMINARASAIAH S/O DODDARAMAIH AGED ABOUT 59 YEARS KEMPADALIHALLI HALUDODDERI POST KORA HOBLI SR. ASSISTATN DIRECTOR OF HORTICULTURE. GUBBI TUMKUR TALUK-572010. 27. GURUMALLAIAH S/O LATE MADEGOWDA AGED ABOUT 60 YEARS RESIDNET OF SURKASHAHALLI MALAVALLI TALUK KRIGAVALU HOBLI, MANDYA DISTRICT-571401. 28. ARASAIAH S/O LATE CHIKKANNA AGED ABOUT 59 YEARS RESIDING AT NO.204 1ST CROSS TIMBER LAYOUT SANJAYANAGAR BANGALORE-560 001. 29. HONNAIAH S/O LATE HONNAIAH AGED ABOUT 60 YEARS R/AT HOSKEEREHALLI CHOWDAPPA FLOOR MILL BANASHANKARI III STAGE BANGALORE-560 085. 30. NARASINGA RAO S/O YELLOJI RAO AGED ABOUT 58 YEARS NO.75, 12TH CROSS - 7 - HC-KAR NC: 2025:KHC:33991 WP No. 7212 of 2025 SHIVANAGAR, RAJAJINAGAR BANGALORE-560010. 31. SIDDAIAH S/O MARI MADAIAH AGED ABOUT 60 YEARS R/AT NO.16/2, 5T MAIN ROAD 23RD CROSS BHUWANESHWARINAGAR MAGADI ROAD, BANGALORE-560 023. 32. KRISHNAMURTHY S/O KANNAN AGED ABOUT 60 YEARS R/AT NO.121 MAHARAJAMILL HOUSE 44TH MAIN ROAD, MALLESWARAM BANGALORE-560003. 33. THIMMEGOWDA S/O MUTHAPPA AGED ABOUT 60 YEARS ACCOUNT SECTION LALBAGH R/O NO.391/1, 9TH CROSS ROAD 2ND MAIN ROAD, KAMALANAGARA KEREANGALA, BANGALORE-560 079. PETITIONER NO.1 WORKING AS SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (STATE SECTOR) NAGRUR FORUM, BANGALORE NORTH. PETITIONER NOs.2 TO 33 ARE WORKING AS GARDENERS OFFICE OF THE DEPARTMENT OF DIRECTOR AND DIRECTORATE OF HORTICULTURE DEPARTMENTS, CUBBON PARK AND LALBAGH, BANGALORE – 01. 34. GOPAL RAJ ARS S/O PUTTAMADARAJ ARS - 8 - HC-KAR NC: 2025:KHC:33991 WP No. 7212 of 2025 AGED ABOUT 60 YEARS GARDENER GAMANAHALLI , SRIRANGAPATNA TALUK MANDYA DISTRICT WORKING AS SENIOR ASST. DIRECTOR OF HORTICULTURE ZILLA PANCHAYATH MANDYA-571401. 35. SHIVALINGAIAH S/O.NINGAIAH AGED ABOUT 57 YEARS GARDENER, WORKING AT SENIOR ASST. DIRECTOR OF HORTICULTURE, ZILLA PANCHAYATH MANDYA-571401. …PETITIONERS (BY SRI. RAVIKUMAR N R.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA PRINCIPAL SECRETARY DEPARTMENT OF HORTICULTURE M S BUILDINGS, BANGALORE-560001. 2. DIRECTOR OF HORTICULTURE KARNATAKA, LALBAGH BANGALORE-560004. 3. DEPUTY DIRECTOR OF HORTICULTURE CUBBON PARK BANGALORE-560001. …RESPONDENTS (BY SRI.SIDDHARTH BABU RAO, AGA FOR R1 TO R3) - 9 - HC-KAR NC: 2025:KHC:33991 WP No. 7212 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT ISSUED BY THE R2 BEARING NO. THOOE/AA/C/VINI6/35/2018-19 DATED 29/06/2019 REJECTING THE CASE OF PETITIONERS TO REGULARIZE THEIR SERVICES AT ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed under Articles 226 & 227 of the Constitution of India, challenging the endorsement dated 29.06.2019 vide Annexure-A, issued by the second respondent. 2. The said endorsement has been challenged by some of the parties, to whom the endorsement has been issued. This Court in W.P.No.7441/2021 decided on 15.10.2024 has allowed the writ petition quashing the impugned endorsement, directing the respondents to pass appropriate orders of regularization of the services of the petitioners therein. Hence, the learned counsel for the - 10 - HC-KAR NC: 2025:KHC:33991 WP No. 7212 of 2025 petitioner is seeking disposal of this writ petition in terms of the order passed by this Court in W.P.no.7441/2021. 3. In view of the order passed by this Court in case of similarly situated persons in W.P.No.7441/2021, the following order is passed: (i) The writ petition is allowed. (ii) The impugned endorsement dated 29.06.2019 as at Annexure ‘A’ shall stand quashed. (iii) The respondents are directed to pass appropriate orders of regularization of services of the petitioners herein within a period of two months from the date of receipt of a copy of this order. (iv) The consequential benefits that the petitioners are entitled shall be computed and made over to them within a period two months. - 11 - HC-KAR NC: 2025:KHC:33991 WP No. 7212 of 2025 (v) It is made clear that, if pursuant to the orders of regularization extended to other employees certain consequential benefits are extended to them, the same benefits shall be made over to the petitioners also. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 55