Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:53519 WP No. 21472 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 21472 OF 2025 (S-RES) BETWEEN:
SRI UMESH A S/O LATE. ANNEYAPPA AGED 35 YEARS, WORKING AT SATHYA HARISHCHANDRAGHAT ELECTRIC CREMATORIUM HELPER, MALLESHWARAM, RAJAJINAGAR WEST, BENGALURU-560 003 …PETITIONER
(BY SRI. MANJUNATHA B V., ADVOCATE)
AND:
1.
THE CHIEF COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, BENGALURU -560 002.
Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:53519 WP No. 21472 of 2025
2.
MEDICAL OFFICER HEALTH, MALLESHWARAM DIVISION, BRUHATH BENGALURU MAHANAGARA PALIKE, BENGALURU -560003 …RESPONDENTS (BY SRI. B.L. SANJEEV, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO REGULARIZE THE SERVICE OF THE PETITIONER FROM THAT DAY ON WHICH THE PETITIONER COMPLETED 10 YEARS OF SERVICE. PETITIONER IS ENTITLED TO FIXATION OF THEIR SALARIES AS SUCH REGULARIZATION AS OBTAINING TO A PERMANENT EMPLOYEE FROM THAT DATE THEY COMPLETE 10 YEARS OF SERVICE, AND HE IS ENTITLE FOR ARREARS OF SALARY, AND ALSO THE PERIOD OF SERVICE SHALL BE TREATED FOR ALL CONSEQUENTIAL BENEFITS, THAT WOULD FOLLOW FROM SUCH REGULARIZATION. THE SERVICE RENDERED BY THE PETITIONER THROUGH AND SHALL BE COUNTED FOR THE PURPOSE OF DETERMINATION OF PENSION AND ALL OTHER INCIDENTAL TERMINAL BENEFITS INCLUDING THE COST OF THIS PETITION.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:53519 WP No. 21472 of 2025
CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI
ORAL ORDER
The petitioner filed this writ petition seeking a mandamus directing respondent No.1 to regularise the service of the petitioner from the day on which the petitioner completed 10 years of service with all consequential benefits that would follow from such regularisation. The petitioner submitted a representation vide Annexure-B seeking regularisation of his service to respondent No.1. Respondent No.1 has not passed any
order on the representation. Hence, this writ petition.
2. Heard the arguments of learned counsel for the petitioner and learned counsel for the respondents.
3.
Learned counsel for the petitioner submits that, the petitioner has submitted a representation vide Annexure-B and no order is passed by respondent No.1. Hence, he submits that, a direction may be issued to respondent No.1 to consider Annexure-V and pass an
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HC-KAR NC: 2025:KHC:53519 WP No. 21472 of 2025
appropriate order. Accordingly, prays to allow the writ petition.
4. Per contra, learned counsel for the respondents submits that, the petitioner worked on a temporary basis. Hence, the representation was not considered. Hence, he prays to dismiss the writ petition.
5. Perused the records and considered the
submissions of the learned counsel for the parties.
6. It is an undisputed fact that the petitioner has submitted a representation vide Annexure-B dated
16.05.2025.
Once respondent No.1 received the representation, it is a legal obligation on the part of respondent No.1 to pass an appropriate order on the said representation. Respondent No.1 cannot keep the representation pending for a long time. As no order has been passed by respondent No.1 on the representation vide Annexure-B, if directions are issued to respondent No.1 to consider the representation and pass the
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HC-KAR NC: 2025:KHC:53519 WP No. 21472 of 2025
appropriate orders, no injustice would be caused to respondent No.1.
7. In view of the above discussion, I proceed to pass the following:
ORDER i. The writ petition is disposed of; ii. Respondent No.1 is directed to consider the representation vide Annexure-B dated 16.05.2025, and pass the appropriate orders in accordance with law, within 3 weeks from the date of receipt of a certified 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.: 13