- 1 - HC-KAR NC: 2025:KHC:33733 WP No. 19964 of 2023 C/W WP No. 17682 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 19964 OF 2023 (S-RES) C/W WRIT PETITION NO. 17682 OF 2025 (S-RES) IN WP NO. 19964/2023 BETWEEN: 1. SRI. INDRAJITH ISLAVATH NAIK.K. S/O TRK NAIK AGED ABOUT 47 YEARS WORKING AS SUPERVISOR KSCDC, KARNATAKA ARASIKERE TALUK HASSAN DISTRICT R/AT 1ST CROSS LEFT SIDE, MALLESHWARA NAGARA ARASIKERE TALUK, HASSAN DISTRICT 573103. 2. SRI C H MAHESH S/O HANUMEGOWDA AGED ABOUT 53 YEARS WORKING AS SUPERVISOR KSCDC JAVAGAL ARASIKERE TALUK, HASSAN DISTRICT R/AT LAKSHMESHPUR HOUSING BOARD, ARASIKERE HASSAN DISTRICT-573 103 …PETITIONERS (BY SRI. RANGANATHA S JOIS., ADVOCATE) Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33733 WP No. 19964 of 2023 C/W WP No. 17682 of 2025 AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF INDUSTRIES AND COMMERCE M S BUILDING, BENGALURU 560001. 2. THE KARNATAKA STATE COIR DEVELOPMENT CORPORATION LTD BY ITS MANAGING DIRECTOR SF-4, SF-5, STERLING TOWER 2ND FLOOR, RAJAJINAGAR INDUSTRIAL ESTATE BENGALURU 560010 …RESPONDENTS (BY SRI.SIDHARTH BABU RAO, AGA FOR R1: SRI VEDAMURTHY M V, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS RELATING TO THE IMPUGNED GOVERNMENT COMMUNICATION DATED 09/09/2019 BEARING NO. CI 72 CSC 2018 VIDE ANNEXURE-L ISSUED BY THE R1 AND ENDORSEMENT BEARING NO. KSCDC/ADM/WP/END/975/ 2019-20 DATED 30/09/2019 AND ENDORSEMENT BEARING NO. KSCDC/ADM/WP/END/981/2019-20 DATED 30/09/2019 PASSED BY THE R2 VIDE ANNEXURE-M AND N AND ETC. IN WP NO. 17682/2025 BETWEEN: 1. SRI K C KOTTRAPPA S/O LATE CHANNABASAPPA AGED 58 YEARS WORKING AS UNIT IN CHARGE KSCDC, PANCHANAHALLI, KADUR TALUK CHIKKAMAGALURU DISTRICT R/AT KADALAMOGGE ARASIKERE TALUK, HASSAN DISTRICT-573103. - 3 - HC-KAR NC: 2025:KHC:33733 WP No. 19964 of 2023 C/W WP No. 17682 of 2025 2. SRI D S RAJASHEKARAPPA S/O SHIVALINGAPPA AGED 56 YEARS WORKING AS UNIT IN CHARGE KSCDC GARAGA CHANAGIRI TALUK DAVANAGERE DISTRICT R/AT DOMMENAHALLI ARASIKERE TALUK, HASSAN DISTRICT – 573103. 3. SRI M N HANUMEGOWDA S/O NANJEGOWDA AGED ABOUT 55 YEARS WORKING AS UNIT INCHARGE KSCDC HOLENARASIPURA, HASSAN DISTRICT R/AT MADALAPURA CHANNARAYAPATNA TALUK HASSAN DISTRICT – 573111. 4. SRI K N BASAVARAJU S/O NINGEGOWDA AGED 58 YEARS WORKING AS UNIT INCHARGE KSCDC GANDASI H B ARASIKERE TALUK, HASSAN DISTRICT R/AT KUDUKUNDI, GANDASI HOBLI ARASIKERE TALUK, HASSAN DISTRICT – 573103. 5. SRI CHANDREGOWDA T N S/O LATE NANJUNDEGOWDA D K AGED ABOUT 56 YEARS WORKING AS UNIT INCHARGE KSCDC KYATHANAHALLI PANDAVAPURA TALUK MANDYA DISTRICT R/AT DODDA KAREDEVE KUNDUR POST CHANNARAYAPATNA TALUK HASSAN DISTRICT - 573111. ...PETITIONERS (BY SRI. BASAVARAJA PATEL G K., ADVOCATE) - 4 - HC-KAR NC: 2025:KHC:33733 WP No. 19964 of 2023 C/W WP No. 17682 of 2025 AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF INDUSTRIES AND COMMERCE M.S.BUILDING, BENGALURU – 560001. 2. THE KARNATAKA STATE COIR DEVELOPMENT CORPORATION LTD., BY ITS MANAGING DIRECTOR SF-4, SF-5, STERLING TOWER 2ND FLOOR, RAJAJINAGAR INDUSTRIAL ESTATE BENGALURU - 560010 ...RESPONDENTS (BY SRI.SIDHARTH BABU RAO.,AGA FOR R1: VEDAMURTHY M V, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS RELATING TO THE IMPUGNED GOVERNMENT COMMUNICATION DATED 9.9.2019 BEARING NO. CI 72 CSC 2018 VIDE ANNEXURE-L ISSUED BY THE 1ST RESPONDENT AND ENDORSEMENTS BEARING NO. KSCDC/ADM/WP/END/ 980/2019-20 DATED 30.9.2019, NO. KSCDC/ADM/WP/END/ 977/2019-20 DATED 30.9.2019, NO. KSCDC/ADM/WP/END/ 976/2019-20 DATED 30.9.2019, NO. KSCDC/ADM/WP/END/ 979/2019-20 DATED 30.9.2019 AND NO. KSCDC/ADM/WP/ END/978/2019-20 DATED 30.9.2019 PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-S, T, V, W AND X RESPECTIVELY, AND ETC. THESE PETITIONS, 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 - 5 - HC-KAR NC: 2025:KHC:33733 WP No. 19964 of 2023 C/W WP No. 17682 of 2025 ORAL ORDER These writ petitions are filed under Articles 226 & 227 of the Constitution of India, challenging the communication dated 09.09.2019 vide Annexure-L, issued by the first respondent, whereby the request of the petitioners for regularization of their services has been rejected. 2. The case of the petitioners is that the petitioners were appointed as Supervisors on daily wage basis in the second respondent – Corporation on 01.01.2005. The petitioners along with others approached this Court by filing W.P.Nos.10745-10756/2012 and connected matters. This Court, by order dated 18.07.2012 directed the respondents to consider the case of the petitioners for regularization as and when it becomes inevitable for the Corporation, in such case, preference and priority should be given to the petitioners. Thereafter, the Corporation, out of 30 employees who have approached this Court on earlier occasion, has regularized 17 of them. Out of them, - 6 - HC-KAR NC: 2025:KHC:33733 WP No. 19964 of 2023 C/W WP No. 17682 of 2025 who were left out, 8 have approached this Court by filing W.P.Nos.27019-27020/2017 and connected matters. This Court, on 08.02.2019 disposed of the said writ petitions with the following directions: “8. In the light of the above, these petitions are disposed of with a direction to the second respondent – Corporation to consider the representation of the petitioners fro regularization, in terms of the order dated 18.07.2012 issued by this Court in W.P.Nos.10745-10756/2012 as expeditiously as possible and in any event, within a period of three months from the date of receipt of a certified copy of this order. If the representation given by the petitioners are not available with the respondent – Corporation, the memorandum of these writ petitions may be treated as a representation by the petitioners.” 3. Thereafter, the impugned endorsement has been issued on 09.09.2019. The only reason for rejection of the regularization is that the Corporation is having financial constraints, therefore, their services cannot be - 7 - HC-KAR NC: 2025:KHC:33733 WP No. 19964 of 2023 C/W WP No. 17682 of 2025 regularized. Accordingly, the Corporation has issued endorsements dated 30.09.2019. 4. The learned counsel for the petitioners raised the following contentions: (i) Firstly, the services of the similarly situated persons who have approached this Court along with the other petitioners in the earlier writ petitions in W.P.Nos.10745-10756/2012 and connected matters, have been regularized by the Corporation. Only the cases of the petitioners have not been considered and it amounts to discrimination. (ii) Secondly, on the ground of financial constraints, the case of the petitioners cannot be rejected. In support of his contention, he relied on the Apex Court judgment in the case of DHARAM SINGH AND OTHERS vs. STATE OF U.P. AND ANOTHER (Civil Appeal No.8558/2018 disposed of on 19.08.2025). Hence, he sought to allow the writ petitions. - 8 - HC-KAR NC: 2025:KHC:33733 WP No. 19964 of 2023 C/W WP No. 17682 of 2025 5. The learned AGA for the State and the learned counsel for the Corporation raised the following contentions: (i) Firstly, the petitioners have not satisfied the conditions stipulated in the case of SECRETARY, STATE OF KARNATAKA V. UMADEVI (3) AND OTHERS reported in (2006) 4 SCC 1, hence, their cases are not considered. (ii) Secondly, no documents have been produced by the petitioners to establish their case. 6. In reply, the learned counsel for the petitioner submits that in an earlier occasion, this Court has given a specific direction for regularization of the case of the petitioners. None of the respondents have raised the objection that the petitioners have not satisfied the conditions mentioned in UMADEVI (supra). On the other hand, the case of some of the petitioners in the earlier writ - 9 - HC-KAR NC: 2025:KHC:33733 WP No. 19964 of 2023 C/W WP No. 17682 of 2025 petition has been considered and their services have been regularized. 7. Heard the learned counsel for the parties and perused the petition papers. 8. In the impugned endorsement, the only reason assigned is that the Corporation is in financial constraints. The Apex Court in the case of DHARAM SINGH (supra) held as follows: “17. Before concluding, we think it necessary to recall that the State (here referring to both the Union and the State governments) is not a mere market participant but a constitutional employer. It cannot balance budgets on the backs of those who perform the most basic and recurring public functions. Where work recurs day after day and year after year, the establishment must reflect that reality in its sanctioned strength and engagement practices. The long-term extraction of regular labour under temporary labels corrodes confidence in public administration and offends the promise of equal protection. Financial stringency certainly has a place in public policy, but it is not a talisman that - 10 - HC-KAR NC: 2025:KHC:33733 WP No. 19964 of 2023 C/W WP No. 17682 of 2025 overrides fairness, reason and the duty to organise work on lawful lines. 18. Moreover, it must necessarily be noted that “ad-hocism” thrives where administration is opaque. The State Departments must keep and produce accurate establishment registers, muster rolls and outsourcing arrangements, and they must explain, with evidence, why they prefer precarious engagement over sanctioned posts where the work is perennial. If “constraint” is invoked, the record should show what alternatives were considered, why similarly placed workers were treated differently, and how the chosen course aligns with Articles 14, 16 and 21 of the Constitution of India. Sensitivity to the human consequences of prolonged insecurity is not sentimentality. It is a constitutional discipline that should inform every decision affecting those who keep public offices running.” 9. In view of the above and in view of the earlier direction issued by this Court, the writ petition deserves to be allowed. 10. Accordingly, the following order is passed: - 11 - HC-KAR NC: 2025:KHC:33733 WP No. 19964 of 2023 C/W WP No. 17682 of 2025 (i) The writ petitions are disposed of. (ii) The impugned communication dated 09.09.2019 (Annexure-L) from the first respondent to the second respondent and the endorsements dated 30.09.2019 issued by the second respondent stand quashed. (iii) The respondents are directed to consider the case of the petitioners for regularization, in terms of the order dated 18.07.2012 passed by this Court in W.P.Nos.10745-10756/2012 and connected matters and also the order dated 08.02.2019 passed in W.P.Nos.27019- 27020/2017 and connected matters, as expeditiously as possible, not later than three months from the date of receipt of a copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM/ LIST NO.: 1 SL NO.: 41