- 1 - HC-KAR NC: 2025:KHC:52288 WP No. 5452 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. 5452 OF 2025 (S-RES) BETWEEN: B. SHASHIKUMAR S/O. LATE BABU PURUSHA AGED 65 YEARS, RETIRED AS SECOND DIVISION ASSISTANT, TOWN MUNICIPAL COUNCIL, BANTWAL, DAKSHINA KANNADA DISTRICT R/AT, NO. 3E-19-1631/3, 2ND FLOOR, GARDEN VIEW, KADRI GARDEN, KADRI, MANGALORE - 575002 DAKSHINA KANNADA DISTRICT …PETITIONER (BY SRI. P M NAYAK., ADVOCATE) AND: 1. PRINCIPAL SECRETARY TO GOVERNMENT URBAN DEVELOPMENT DEPARTMENT, GOVERNMENT OF KARNATAKA, Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52288 WP No. 5452 of 2025 VIKASA SOUDHA, BANGALORE-56001 2. DIRECTOR DIRECTORATE OF MUNICIPAL ADMINISTRATION, GOVERNMENT OF KARNATAKA, 9TH FLOOR, VISHWESHAWARAIH TOWER, DR.AMBEDKAR VEEDHI, BANGALORE - 560 001 3. DEPUTY COMMISSIONER, DAKSHINA KANNADA DISTRICT, MANGALORE - 575 001 4. TOWN MUNICIPAL COUNCIL, BANTWAL-574211 DAKSHINA KANNADA DISTRICT BY ITS CHIEF OFFICER …RESPONDENTS (BY SMT. B. SUKANYA BALIGA, AGA FOR R1 TO R3 SRI. M. SUDHAKAR PAI, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR THE RECORDS FROM THE R-2 AS IT RELATES TO THE CASE OF REGULARIZATION OF THE SERVICE OF THE PETITIONER DIRECT THE R-2 TO CONSIDER THE PROPOSAL VIDE LETTER NO.MUN(3)/EST/CR/102/2015-16 (C.NO.168285) DTD 29.12.2015 OF THE R-3 VIDE ANNX-J AS IT RELATES TO THE PETITIONER AND TO REGULARIZE HIS SERVICE IN THE - 3 - HC-KAR NC: 2025:KHC:52288 WP No. 5452 of 2025 POST OF SDA IN THE R-4 MUNICIPALITY WITH DATE OF REGULARIZATION AS 18.12.2005. DIRECT THE R-2 TO EXTEND TO THE PETITIONER ALL CONSEQUENTIAL SERVICE AND RETIREMENT BENEFITS ATTACHED TO THE POST OF SDA AS PER THE RULES AND TO TREAT THE LENGTH OF THE SERVICE OF THE PETITIONER FROM THE DATE OF JOINING INTO SERVICE TILL THE DATE OF REGULARIZATION FOR THE PURPOSE OF LEAVE AND PENSIONARY BENEFITS. 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 ORAL ORDER The petitioner filed this writ petition seeking a mandamus directing respondent No.2 to consider the proposal vide communication dated 29.12.2015 of respondent No.3 vide Annexure-J as it relates to the petitioner and to regularise his service in the post of Second Division Assistant (SDA) in respondent No.4- Municipality with the date of regularisation as 18.12.2005 and to direct respondent No.2 to extend the petitioner all consequential service and retirement benefits attached to the post of SDA. - 4 - HC-KAR NC: 2025:KHC:52288 WP No. 5452 of 2025 2. Brief facts leading rise to the filing of this petition are as follows: 2.1. The petitioner was working on a daily wages as a Literate Assistant in respondent No.4-Municipality. As per the resolution dated 18.12.1995, respondent No.4 recommended for the payment of scheduled rates and pursuant to this, respondent No.3, as per the proceedings dated 15.07.1997, accorded to grant the pay attached to the post of SDA to the petitioner and accordingly, the date of 18.12.1995 was reckoned as the date of appointment of the petitioner in the sanctioned post of the SDA in respondent No.4-Municipality and proposal for regularisation of service of the petitioner was submitted to respondent No.2 through respondent No.3 vide Annexure-J. Respondent No.1, under the chairmanship of respondent No.2, has taken a decision for regularisation of Group-C employees appointed on or after 01.01.1986 in various local bodies. It is contented that, despite the receipt of proposal, there was no decision taken by - 5 - HC-KAR NC: 2025:KHC:52288 WP No. 5452 of 2025 respondent No.2 in regularising the service of the petitioner and the petitioner is deprived by the pensionary benefits. The petitioner, aggrieved by the inaction on the part of respondent No.2, filed this petition. Hence, prays to allow the writ petition. 3. Heard the arguments of the learned counsel for the parties. 4. Learned AGA submits that, if reasonable time is granted to respondent No.2, respondent No.2 will consider the proposal of respondent No.3, and would pass an appropriate order in accordance with law. 5. In view of the submission made by the 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 proposal of respondent No.3 vide Annexure-J and pass an appropriate order in accordance - 6 - HC-KAR NC: 2025:KHC:52288 WP No. 5452 of 2025 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. Sd/- (ASHOK S.KINAGI) JUDGE PA CT:KHV List No.: 1 Sl No.: 39