- 1 - HC-KAR NC: 2025:KHC:52086-DB WA No. 1184 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 1184 OF 2025 (S-REG) BETWEEN: 1. STATE OF KARNATAKA REP BY ITS SECRETARY DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ M.S. BUILDING BENGALURU-560 001 …APPELLANT (BY SRI M N SUDEV HEGDE, AGA) AND: 1. M.K. REVATHI D/O M.M. KUNJAPPA AGED ABOUT 53 YEARS LITERATE ASSISTANT PERSONAL DIVISION OFFICE OF THE CHIEF EXECUTIVE OFFICER KODAGU ZILLA PANCHAYATH MADIKERI-571 201 KODAGU DISTRICT 2. THE CHIEF EXECUTIVE OFFICER KODAGU ZILLA PANCHAYATH - 2 - HC-KAR NC: 2025:KHC:52086-DB WA No. 1184 of 2025 KODAGU DISTRICT MADIKERI TOWN-571 201 …RESPONDENTS (BY SRI I. THARANATH POOJARY, SENIOR COUNSEL FOR SMT. VEENA T.N., ADVOCATE FOR C/R-1) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 06.08.2024 PASSED IN W.P.NO.40332/2012 (S-REG) BY THE LEARNED SINGLE JUDGE AND DISMISS THE SAID WRIT PETITION WITH EXEMPLARY COST. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) 1. This writ appeal has been filed challenging the judgment and order dated 06.08.2024 passed by the learned Single Judge allowing Writ Petition No.40332/2012 filed by the petitioner (respondent No.1 herein). 2. For the sake of convenience, the parties are referred to as per their ranking in the writ petition. - 3 - HC-KAR NC: 2025:KHC:52086-DB WA No. 1184 of 2025 3. The petitioner had filed the said writ petition challenging the endorsement dated 25.08.2012 issued by the Chief Executive Officer, Kodagu Zilla Panchayath, Kodagu District, Madikeri Town, whereby the petitioner's representation to regularise her services as Literary Assistant in the said Zilla Panchayath came to be rejected. 4. The petitioner was appointed as Literary Assistant at the office of the Chief Executive Officer, Zilla Panchayath on 27.11.1987 as daily wager. She was later transferred to the office of the Chief Secretary's Personal Section, Zilla Panchayath, Madikeri Taluk, as an Assistant on 25.06.1991. She had continued to work as daily wager. The petitioner, along with others, filed W.P.Nos.27981-27990/2001 seeking regularisation of their services. The said writ petitions came to be disposed of vide judgment and order dated 06.08.2001 giving liberty to the petitioner and others to approach the concerned Zilla Panchayath for regularization of their services and for salary that was paid to the regularly recruited employees. The Zilla Panchayath was directed to take - 4 - HC-KAR NC: 2025:KHC:52086-DB WA No. 1184 of 2025 appropriate decision on the representations that would be filed by the petitioner and others. 5. Review Petition Nos.756-965/2001 were filed seeking review of the judgment and order dated 06.08.2001 passed in the Writ Petition Nos.27981-27990/2001. The said review petitions came to be disposed of by the order dated 19.10.2001 whereby, the order passed in Writ Petition Nos.27981- 27990/2001 was modified. In the modified order, a fresh opportunity was given to the petitioner and others to file representations for regularisation of their services within four weeks, and the authorities were directed to consider the same in accordance with law. 6. The petitioner's representation, however, came to be rejected as per the endorsement dated 25.08.2012, which was the subject matter of challenge before the learned Single Judge in Writ Petition No.40332/2012 filed by her. 7. The learned Single Judge, after considering the ratio laid down by the Supreme Court in STATE OF KARNATAKA AND OTHERS vs M.L. KESARI AND OTHERS (AIR 2010 SC - 5 - HC-KAR NC: 2025:KHC:52086-DB WA No. 1184 of 2025 2587) and SECRETARY, STATE OF KARNATAKA AND OTHERS vs UMADEVI AND OTHERS (AIR 2006 SC 1806), has held that in view of the facts which are not in dispute that the petitioner was appointed on 27.11.1987 on daily wages as Literary Assistant in the office of the Zilla Panchayath and thereafter, she was transferred to the Personal Section of the Chief Secretary, it can safely be held that even if the petitioner was appointed as a Literary Assistant, her appointment was against a post reserved for Second Division Assistant which was a sanctioned post, and the same would be evident from the proceedings of the Department of Rural Development and Panchayath Raj, Government of Karnataka. The learned Single Judge also took note of the fact that the services of 11 similarly situated employees came to be regularised, however, the petitioner was left out without any rhyme or reason. The petitioner has been allowed to continue to work in the office of the Zilla Panchayath continuously from the year 1987 till date without the intervention of the Court and therefore, there was no reason not to regularise the services of the petitioner even as per the ratio laid down in UMADEVI (supra). - 6 - HC-KAR NC: 2025:KHC:52086-DB WA No. 1184 of 2025 8. The learned Single Judge rejected the contention raised by the respondent (appellant herein) that the petitioner's appointment was not against a sanctioned post inasmuch as the Zilla Panchayath had recommended that the appointment of the petitioner was against a sanctioned post, which obviously meant that though she was appointed as daily wager against the post of Second Division Assistant, but the fact of appointment against the sanctioned post cannot be denied. The learned Single Judge, therefore, directed that the petitioner should be treated at par with the other employees whose services were regularised by the Zilla Panchayath. In view thereof, the learned Single Judge set aside the endorsement dated 25.08.2012, which was issued denying the request of the petitioner for regularisation. Further direction was issued to the respondents to regularise the services of the petitioner from the date of her completing 10 years' of service. As a result of such regularisation, the petitioner would be entitled to all consequential benefits from the date of regularisation. However, the petitioner would not be entitled to the difference of pay since she had always served against a Second Division - 7 - HC-KAR NC: 2025:KHC:52086-DB WA No. 1184 of 2025 Assistant post. But, consequent to her promotion, her pay would be re-fixed in the promotional post. 9. Mr. M.N.Sudev Hegde, the learned Additional Government Advocate appearing for the appellant has not disputed the fact that the services of 11 similarly situated employees came to be regularised and the petitioner's (respondent No.1 herein) case is not different from the employees whose services were regularised. 10. On the last date of hearing i.e., 12.11.2025, we passed the following order: "The present writ appeal has been filed by the appellant-State impugning the judgment and order dated 06.08.2024 passed by the learned Single Judge in W.P.No.40332/2012 filed by the respondent No.1/petitioner seeking regularization on the post of Literary Assistant in the office of the Chief Executive Officer, Zilla Panchayath, Kodagu District, Madikeri Town. The petitioner was appointed in the Zilla Panchayath on 27.11.1987 on the said post. She has continued to perform the duties, functions and responsibilities of the said post without any interruption. As the respondents did not regularize the services of the petitioner, though they had regularized the service of 11 other daily wage workers out of 18, she had filed the aforementioned writ petition. - 8 - HC-KAR NC: 2025:KHC:52086-DB WA No. 1184 of 2025 Learned Single Judge, vide judgment and order dated 06.08.2024 directed the respondents therein to regularize the services of the petitioner from the date of her completing 10 years of service as daily wager on the post of Literary Assistant. Considering the facts and circumstances of the case, we suggest to grant all consequential benefits to the respondent No.1 herein from the date of her entry into service as daily wager except regular salary which would be paid from the date of the impugned judgment and order passed by the learned Single Judge. Mr. Mohammad Jaffar Shah, learned Additional Government Advocate submits that he will seek instructions on the suggestion of the Court. The learned Senior Counsel for the respondent No.1 will also seek instructions in the said suggestion of the Court. Post this appeal on 04.12.2025." 11. The learned Additional Government Advocate appearing for the appellant submits that this Court may pass the order as noted in the order dated 12.11.2025. 12. Considering the aforesaid facts, we modify the impugned judgment and order dated 06.08.2024 and direct the respondents to grant all consequential benefits to the respondent No.1 from the date of her entry into service as daily wager except regular salary, which should be paid from the - 9 - HC-KAR NC: 2025:KHC:52086-DB WA No. 1184 of 2025 date of the impugned judgment and order passed by the learned Single Judge. If respondent No.1 is to be promoted, she should be entitled for promotional grade from the date of the impugned judgment and order. 13. With the aforesaid modification and observations, we dispose of the writ appeal. We grant eight weeks' time to the appellant to comply with the direction issued hereinabove. In view of disposal of the writ appeal, pending IAs, if any, do not survive for consideration and accordingly, they stand disposed of. (D K SINGH) JUDGE (TARA VITASTA GANJU) JUDGE BKV List No.: 1 Sl No.: 2 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNATAKA