- 1 - NC: 2025:KHC-D:34 WP No. 107721 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.107721 OF 2024 (S-REG) BETWEEN: 1. SRI H. DURAGANNA S/O. HONNURAPPA, AGE: 54 YEARS, OCC: OFFICE GARDENER, WORKING IN THE OFFICE OF THE SENIOR ASSISTANT, DIRECTOR OF HORTICULTURE (STATE-ZONE) DEPARTMENT OF HORTICULTURE, BALLARI, DIST: BALLARI-583101. 2. SRI DURUGAPPA S/O. ERAPPA, AGE: 54 YEARS, OCC: GROUP ‘D’ EMPLOYEE, WORKING IN THE OFFICE OF THE SENIOR ASSISTANT, DIRECTOR OF HORTICULTURE (ZILLA-PANCHAYATH) DEPARTMENT OF HORTICULTURE, SIRAGUPPA, TAL: SIRAGUPPA DIST: BALLARI-583121. 3. SRI B. KHAJA HUSSAIN S/O. B. IBRAHIM SAB, AGE: 57 YEARS, OCC: GROUP ‘D’ EMPLOYEE, WORKING IN THE OFFICE OF THE SENIOR ASSISTANT, DIRECTOR OF HORTICULTURE (STATE-ZONE) DEPARTMENT OF HORTICULTURE, BALLARI, DIST: BALLARI-583101. 4. SRI RANGAYYA S/O. NARASAPPA, AGE: 62 YEARS, OCC: RETIRED GROUP, ‘D’ EMPLOYEE, OFFICE OF THE SENIOR ASSISTANT, DIRECTOR OF HORTICULTURE (STATE-ZONE) DEPARTMENT OF HORTICULTURE, BALLARI, DIST: BALLARI-583101. 5. SMT. SUNANDAMMA W/O. LATE DODDBASAPPA, AGE: 40 YEARS, OCC: HOUSE HOLD, R/O WARD, NO, 17, H. NO, 2 RUPANAGUDI ROAD, NEAR ANJENAYA TEMPLE, B. GONAL BALLARI-583101. VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.01.21 11:34:04 +0530 - 2 - NC: 2025:KHC-D:34 WP No. 107721 of 2024 6. SMT. HONNAMMA W/O. LATE HANUMANTAPPA, AGE: 46 YEARS, OCC: HOUSE HOLD, H. NO. 2/26 AMBLI, BALLARI, DIST: BALLARI-583134. 7. SMT. PARVATAMMA W/O. NARASIMHA REDDY, AGE: 61 YEARS, OCC: HOUSE HOLD, R/O FAKTARA ROAD, HUCHHAREDDY, FAITH, DASANUR, BALLARI, DIST: BALLARI-583121. …PETITIONERS (BY SRI M. S. HARAVI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT VIDHANA SOUDHA, BENGALURU-260001. 2. THE STATE OF KARNATAKA REPRESENTED BY ITS PRL, SECRETARY TO GOVERNMENT, HORTICULTURE DEPARTMENT M. S. BUILDING, BENGALURU-560001. 3. THE DIRECTOR OF HORTICULTURE DEPARTMENT OF HORTICULTURE, LALBHAG, BENGALURU – 560 004. 4. THE DEPUTY DIRECTOR OF HORTICULTURE (ZILLA PANCHAYATH) BALLARI, DIST: BALLARI-583101. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE, WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO REGULARIZE THE SERVICES OF THE PETITIONERS AS PER THE ORDER PASSED BY THIS HON’BLE COURT IN WP. NO. 40204/2012 (S-REG) C/W W.P. NO. 54553/2014(S-R) DATED 22-07-2024 AS PER ANNEXURE-N BY CONSIDERING THE - 3 - NC: 2025:KHC-D:34 WP No. 107721 of 2024 REPRESENTATIONS SUBMITTED BY THEM DATED 05-10-2024, 18-10-2024, 3/10/2024, 09-12-2024 AND 10-12-2024 VIDE ANNEXURE-P TO T AND R-3 DEPT COMMUNICATION DATED 6-11-2024 BEARING NO. HISATONI/JIPAM/C/VINI/PRADASA/ 2024-25/223 VIDE ANNEXURE-W AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioners few of them who have retired and few of them are serving in the Horticulture Department are knocking at the doors of this Court seeking a direction by issuance of a writ in the nature of mandamus to regularize their services in terms of the order passed by the Coordinate Bench in W.P.No.40204/2012. 2. Heard Sri M.S. Haravi, learned counsel for petitioners and Smt. Kirthilatha R. Patil, learned HCGP for respondents No.1 to 4. 3. Learned counsel for the petitioners submits that the petitioners are also similarly situated, as few of the petitioners in the decision rendered by the Coordinate - 4 - NC: 2025:KHC-D:34 WP No. 107721 of 2024 Bench were all their colleagues. The Coordinate Bench has on elaborate discussion allowed those petitions by quashing the endorsements directing consideration of their cases for regularization, holding as follows: “ [a] The petitions are allowed quashing the impugned Endorsements dated 14.06.2010 and 15.06.2012 [Annexures- H and C] issued respectively by the corresponding third respondent in these petitions and declaring that the petitioners are entitled for regularization in terms of 2002/2005 Schemes. [b] The corresponding second respondents in these petitions are directed to issue appropriate Orders in view of this Court's declaration as aforesaid within a period of three [3] months from the date of receipt of a certified copy of this order. [c] The petitioners are reserved liberty to file a representation enclosing a certified copy of this order with the corresponding respondents within a period of four [4] weeks from the date of receipt of such order.” 4. In the light of the petitioners similarly situated and are seeking the same benefit as that of those in the order in the Writ Petition, passed by the Coordinate Bench, I deem it appropriate to direct the respondents to consider the representations of the petitioners strictly in - 5 - NC: 2025:KHC-D:34 WP No. 107721 of 2024 consonance with what the Coordinate Bench has held as aforequoted within an outer limit of three months from the date of receipt of a copy of the order if not earlier. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NAA/CT-ASC List No.: 1 Sl No.: 86