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2025 DAILYLAW 71740 (KAR)

MANJULA v. STATE OF KARNATAKA

WP/17577/2025 · 2025-12-10

Ashok S Kinagi

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:52293 WP No. 17577 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 17577 OF 2025 (S-REG) BETWEEN: 1. MANJULA W/O MALLIKARJUNAIAH, AGED ABOUT 62 YEARS, RETD. BALAWADI TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL CAMPUS, SRIGANDHADA KAVALU SUNKADAKATTE BENGALURU - 560 091 R/AT NO. 27, 7TH CROSS, AGB 2ND STAGE NANDINI LAYOUT, BENGALURU - 560096 2. RUKMINI W/O LATE C BABU, AGED ABOUT 62 YEARS RETD. BALAWADI TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL CAMPUS, SRIGANDHADA KAVALU SUNKADAKATTE BENGALURU - 560 091 R/AT NO.11, 10TH CROSS RIGHT SIDE, SANJEEVINI NAGARA, MANJUNATHA TENT ROAD MUDALAPALYA, BENGALURU - 560079 Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52293 WP No. 17577 of 2025 3. K S MADHUSUDAN S/O K SHANKARAMURTHY AGED ABOUT 63 YEARS RETD. DRIVER, O/O THE MEDICAL OFFICER IN HEALTH, DASARAHALLI ZONE, BRUHAT BENGALURU MAHANAGARA PALIKE, BENGALURU - 560079 R/AT NO.14 E 261, 5TH CROSS, 3RD PHASE, NEAR SUNRISE BAR, DUGGALAMMA LAYOUT LAGGERE, PEENYA POST BENGALURU - 560058 4. B K CHANDRAPPA S/O KAVERAPPA, AGED ABOUT 63 YEARS, RETD. DRIVER, O/O THE ASSISTANT EXECUTIVE ENGINEER HOODI SUB-DIVISION BRUHAT BENGALURU MAHANAGARA PALIKE BENGALURU - 560048 R/AT NO.131, NEAR MARIA BHAVAN, DEVARABISANAHALLI, AMBEDKAR NAGAR, BELLANDUR POST, BENGALURU - 560103. 5. M SHANMUGAM, S/O MURUGESH, AGED ABOUT 63 YEARS, RETD. DRIVER, O/O THE NODAL OFFICER, MANAGED HEALTH CARE PROJECT, BRUHAT BENGALURU MAHANAGARA PALIKE DASAPPA HOSPITAL COMPOUND BENGALURU - 560002 - 3 - HC-KAR NC: 2025:KHC:52293 WP No. 17577 of 2025 R/AT NO.98, 7TH MAIN, NARASIPURA LAYOUT, VIDYANARAYAPURA BENGALURU - 560097 6. MUTHARAJU M T., S/O MUTHAIAH, AGED ABOUT 63 YEARS RETD. SECOND DIVISION ASSISTANT, O/O THE REVENUE OFFICER, K.R.PURAM DIVISION, MAHADEVAPURA ZONE, BRUHAT BENGALURU MAHANAGARA PALIKE, BENGALURU - 560036 R/AT NO.9, 1ST CROSS, MANJUNATHAPURA GOKULAM, 4TH STAGE, MYSURU - 570020 …PETITIONERS (BY SRI. MURALIDHAR K B., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT, URBAN DEVELOPMENT DEPARTMENT, 4TH FLOOR, VIKASA SOUDHA BENGALURU - 560001. 2. THE DIRECTOR, MUNICIPAL ADMINISTRATION DEPARTMENT 9TH FLOOR, VISHVESHWARAIAH TOWERS BENGALURU - 560001. …RESPONDENTS (BY SMT. SUKANYA BALIGA, AGA) - 4 - HC-KAR NC: 2025:KHC:52293 WP No. 17577 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF DATED THE PETITIONERS DATED 16.07.2024 (ANNEXURE - AK) FOR REGULARIZATION OF THEIR SERVICES WITH EFFECT FROM THE DATE OF COMPLETION OF 10 YEARS OF DAILY WAGE SERVICE, WITH ALL CONSEQUENTIAL SERVICE AND FINANCIAL BENEFITS AND ABSORPTION OF THEIR SERVICES IN BBMP AS DONE IN THE CASE OF SIMILARLY SITUATED 70 DAILY WAGE GROUP- C EMPLOYEES VIDE ORDER BEARING NO.25260 DMA 26 DWE/2018-19 DATED 20.05.2023 PASSED BY THE 2ND RESPONDENT (ANNEXURE-X) AND VIDE GOVERNMENT ORDER BEARING NO.NA.AA.E 33 BBM 2023 (E) DATED 18.12.2023 PASSED BY THE 1ST RESPONDENT (ANNEXURE - Y) AND AS DONE IN THE CASE OF SIMILARLY SITUATED RETIRED GROUP -C EMPLOYEE VIDE ORDER NO.603614/DMA/EST2/DWE/76/2021 DATED 22.06.2023 PASSED BY THE 2ND RESPONDENT (ANNEXURE -Z) ON THE GROUND OF PARITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI - 5 - HC-KAR NC: 2025:KHC:52293 WP No. 17577 of 2025 ORAL ORDER The petitioner filed this writ petition seeking a mandamus directing the respondents to consider the petitioners’ representations vide Annexure-AK dated 16.07.2024 for regularisation of their services with effect from the date of completion of 10 years of daily wage service with all consequential service and financial benefits. 2. Brief facts leading rise to the filing of this petition are as follows: 2.1. While the petitioners were in service, the Commissioner, BBMP1, had submitted a proposal to respondent No.1 for regularisation of the services of 424 daily wage employees including the petitioners. Thereafter, respondent No.1 addressed a letter to respondent No.2 to take appropriate action on the proposal submitted by THE Commissioner, BBMP. 1 Bruhat Bengaluru Mahanagara Palike - 6 - HC-KAR NC: 2025:KHC:52293 WP No. 17577 of 2025 However, respondent No.2 passed an order regularising the services of 70 daily wage Group-C employees, leaving the names of the petitioners on the ground that they have been retired from service. The petitioners have submitted a representation for regularisation of their services as per Annexure-AK dated 16.07.2024. Respondent No.2 has not passed any order on the said representation. Hence, this writ petition. 3. Learned AGA submits that, if reasonable time is granted, respondent No.2 will consider the representation vide Annexure-AK and would pass an appropriate order in accordance with law. 4. In view of the submission made by learned AGA, I proceed to pass the following: ORDER i. The writ petition is disposed of; ii. Respondent No.2 is directed to consider the representation vide Annexure-AK dated 16.07.2024 and pass an appropriate order in - 7 - HC-KAR NC: 2025:KHC:52293 WP No. 17577 of 2025 accordance with law, within 8 weeks from the date of receipt of a copy of this order; iii. Pending IA(s), if any, shall stand disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE PA CT:KHV List No.: 2 Sl No.: 11