- 1 - HC-KAR NC: 2025:KHC:30523 WP No. 22165 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 22165 OF 2025 (S-RES) BETWEEN: 1. SMT ANUSUYA W/O LATE K. H. JANADAN SINGH AGED ABOUT 63 YEARS RETIRED GROUP D EMPLOYEE O/O TOWN MUNICIPAL COUNCIL HUNSUR, MYSORE DISTRICT - 571105. R/AT DOOR NO.92, DREAM VILLA VIDYASHANKAR LAYOUT SAKTHI NAGAR, RAJKUMAR ROAD NEAR KODAGU MODEL SCHOOL MYSORE 570029. 2. SRI.M.RAMESH S/O LATE MAHADEVA.G AGED ABOUT 59 YEARS D GROUP, CITY COUNCIL HUNSUR TOWN, MYSURU DISTRICT - 571105. R/AT 1ST CROSS, MANJUNATHA LAYOUT HUNSUR TOWN, MYSURU DISTRICT - 571105. …PETITIONERS (BY SRI. SHREEDHAR G BIDRE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA, BENGALURU-560001. 2. THE STATE OF KARNATAKA Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30523 WP No. 22165 of 2025 REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF DISINVESTMENT AND PUBLIC SECTOR ENTERPRISES M.S.BUILDING, DR. B.R. AMBEDKAR VEEDHI BENGALURU-560001. 3. THE DIRECTOR MUNICIPAL ADMINISTRATION DEPARTMENT 9TH FLOOR, VISWESWARAIAH TOWER DR. B.R. AMBEDKAR VEEDHI BENGALURU-560 001. 4. THE PROJECT DIRECTOR DISTRICT URBAN DEVELOPMENT CELL MYSORE DISTRICT MYSORE-570001. …RESPONDENTS (BY SRI.VIKAS R, AGA FOR RESPONDENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTON OF INDIA PRAYING TO CALL FOR RECORDS RELATING TO ISSUANCE OF NOTIFICATION DATED 09.03.2022 IN REFERENCE NO. UDD 420 GEL 2014 (VIDE ANNEXURE-A) PASSED BY THE 1ST RESPONDENT AND ENDORSEMENT DATED 18.10.2023 IN NO.MUNIC(1)SIBBANDI/C.R-34/2022-23 REFERENCE (VIDE ANNEXURE-B) 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 - 3 - HC-KAR NC: 2025:KHC:30523 WP No. 22165 of 2025 ORAL ORDER 1. In this writ petition, the petitioners have sought for the following reliefs: (a) Call for records relating to issuance of notification dated 09.03.2022 in reference No. UDD 420 GEL 2014 (vide ANNEXURE-A) passed by the 1st Respondent and endorsement dated 18.10.2023 in reference No.MuNiC(1)Sibbandi/C.R-34/2022-23 (vide ANNEXURE-B) passed by the 4th Respondent. (b) Issue a writ of certiorari and quash the Sub- Clause (iii) of Rule 3 and Sub-Clause (i), (ii) and (iii) of Rule 4 in so far as granting benefit of absorption from the date of issuance of the notification dated 09.03.2022 (Vide Annexure-A) in so far as the Petitioners are concerned by declaring the same as illegal, arbitrary etc. (c) Further, issue a Writ of Mandamus or direction, directing the Respondents No.1 and 2 to extend the benefits of absorption by sanctioning regular salary, pay scale, increment, promotion and other service benefits to the Petitioners from the date of their - 4 - HC-KAR NC: 2025:KHC:30523 WP No. 22165 of 2025 deputation to the 1st Respondent urban development authority on 29.09.2001 (Annexure-F) (d) Grant such other order or direction as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity. 2. The petitioners have sought for a direction only in respect of prayers (c) and (d) of the writ petition. 3. The petitioners were initially employed by a Public Sector undertaking, M/s.Mysore Acetate and Chemicals Ltd., in the year 1992, and with a decision to close the Enterprise, the petitioners were sent on deputation to different Municipalities. The Government of Karnataka has notified the Karnataka Municipalities (Absorption of Certain Employees from the Mysore Acetate and Chemicals Limited in Urban Local Bodies) Rules, 2021 (for shot ‘the Rules 2021’). The petitioners have called in question the different provisions of Rules 2021. - 5 - HC-KAR NC: 2025:KHC:30523 WP No. 22165 of 2025 4. The learned counsel for the petitioners submits that in respect of similarly situated persons, this Court in W.P.No.10575/2023 disposed of on 18.07.2024 has granted relief in terms of the Rules 2021. Hence, he sought for allowing the writ petition with the similar relief. 5. The learned AGA appearing for the respondents- State has not disputed the decision passed by this Court in W.P.No.10575/2023 disposed of on 18.07.2024. However, he submits that: (a) There is a delay in approaching this Court by the petitioners. (b) The Rules 2021 is very clear that the employees have to be absorbed from the date of reporting to duty. In support of his case, he has relied upon the decision of the Apex Court in the case of Indu Shekhar Singh and others v. State of U.P. and others reported in (2006) 8 SC 129. (c) The petitioners, without seeking for setting aside the particular provisions of Rules 2021, are not entitled to seek for the reliefs sought in the writ petition. In support of his contention, he has relied upon the decision of the Apex Court in the case of - 6 - HC-KAR NC: 2025:KHC:30523 WP No. 22165 of 2025 Dhanraj v. Vikram Singh and others reported in 2023 SCC Online 724. 6. Heard the learned counsel for the parties. Perused the writ papers. 7. Be that as it may, it is not in dispute that the petitioners herein and the petitioners in W.P.No.10575/2023 disposed of on 18.07.2024 are similarly situated. Their services have been absorbed as per the schedule appended to Annexure-A. This Court in W.P.No.10575/2023 disposed of 18.07.2024 has held as follows: “5. This Court must opine that parity for absorption and absorption from the respective dates of deputation is established in the light of the circumstances in which the similarly circumstanced persons who are employed with M/s. Mysore Lamps Works Limited are absorbed with this Court's intervention by the Order dated 12.10.2023 in the writ petition in W.P. No.10021/2020 and the - 7 - HC-KAR NC: 2025:KHC:30523 WP No. 22165 of 2025 consequential Order dated 14.05.2024. Therefore, the petition must be preferred, and it is preferred by the following: ORDER [a] The petition is allowed declaring that the petitioners' absorption must be from the date they were sent on deputation to the concerned Local Body and that they must be admitted to all consequential financial benefits effective from such date but the interest payable at 6% per annum shall only be from the date of Notification of the Rules 2021. [b] The petitioners are reserved with liberty to file a representation along with a certified copy of this order with the Secretary, Department of Personnel and Administrative Reforms, Government of Karnataka, within four [4] weeks from the date of receipt of a certified copy of this order. (c) The Secretary, Department of Personnel and Administrative Reforms, Government of Karnataka, if a representation with a certified - 8 - HC-KAR NC: 2025:KHC:30523 WP No. 22165 of 2025 copy of this order is filed within four weeks from the date of receipt thereof, shall consider and pass just orders in the light of this Court's observations and conclusions as aforesaid within a period of three [3] months from the date of receipt of such representation. 8. The order dated 18.07.2024 passed by this Court in W.P.No.10575/2023 has attained finality and the State has not filed any appeal challenging the said order. Since the petitioners herein are similarly situated as that of the petitioners in W.P.No.10575/2023, they are also entitled to the similar relief as granted by this Court in W.P.No.10575/2023 disposed of on 18.07.2024, on the ground of parity. 9. In view of the above, the present petition is liable to be allowed. Accordingly, the following order is passed: ORDER a) The writ petition is allowed. - 9 - HC-KAR NC: 2025:KHC:30523 WP No. 22165 of 2025 b) The petitioners' absorption must be from the date they were sent on deputation to the concerned Local Body and that they must be admitted to all consequential financial benefits effective from such date but the interest payable at 6% per annum shall only be from the date of Notification of the Rules 2021. c) The petitioners are reserved liberty to file a representation along with a certified copy of the order before the respondent No.1, Principal Secretary, Department of Urban Development, Bengaluru, within four weeks from the date of receipt of copy of this order. d) On such representation, the respondent No.1 is directed to consider the same within three months from the date of representation. All pending I.As., if any, are disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 33