Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 85317 (KAR)

SHRI. RAMESH S/O SOMAPPA KALLIMANI v. THE STATE OF KARNATAKA

WP/100603/2025 · 2025-09-11

Suraj Govindaraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:11826 WP No. 100603 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100603 OF 2025 (S-REG) BETWEEN: SHRI RAMESH S/O. SOMAPPA KALLIMANI, AGE: 41 YEARS, OCC. PROTECTION OFFICER (NON-INSTITUTIONAL CARE), R/O.C/O. DR.N.S.KALLIMANI, SANJEEV CLINIC, ANKUSHKHAN NAGAR, BESIDE GODIYAVAR JEENA MANJALAPUR, HURAGERIBANA, TQ. LAXMESHWAR, DIST. GADAG-582116. …PETITIONER (BY SRI. ROSHAN SAHEB CHABBI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT AND EMPOWERMENT OF DIFFERENTLY ABLED AND SENIOR CITIZENS, REPRESENTED BY ITS PRINICIPAL SECRETARY, GATE NO.3, 1ST FLOOR, M.S.BUILDING, DR.B.R.AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE DIRECTOR OFFICE OF THE DIRECTORATE OF CHILD PROTECTION, VISHWESHWARAIAH KENDRA CHIKKA GOPURA, 3RD FLOOR, DR.AMBEDKAR VEEDHI, BENGALURU-01. Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11826 WP No. 100603 of 2025 3. THE DEPUTY COMMISSIONER AND PRESIDENT DISTRICT CHILD PROTECTION COMMITTEE, OFFICE OF THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE, MINI VIDHANA SOUDHA (DC OFFICE), HUBBALLI ROAD, GADAG, DIST. GADAG-582103. 4. THE DISTRICT CHILD PROTECTION OFFICER OFFICE OF THE DISTRICT CHILD PROTECTION UNIT, ROOM NO.225, 2ND FLOOR, DC OFFICE, GADAG, DIST. GADAG-582103. 5. SHARP WATCH INVESTIGATION SECURITY SERVICES PVT. LTD., REPRESENTED BY ITS AUTHORIZED SIGANTORY, OFFICE AT. #17/2, 1ST FLOOR, 5TH MAIN, 8TH CROSS, KAMAKSHI HOSPITAL ROAD, SARASWATHIPURAM, MYSORE, DIST. MYSORE-570009. …RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1 TO R4; R5-NOTICE SERVED) THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NO.1 TO 4, TO REGULARIZE THE EMPLOYMENT/SERVICES OF THE PETITIONER, FROM THE DATE WHEN HE COMPLETED HIS 10 YEARS OF SERVICE, WITHIN AN OUTER LIMIT OF THE TIME LIMIT WHAT WOULD BE FIXED BY THIS HON BLE COURT AS PER THE REQUESTS MADE BY THE PETITIONER VIDE ANNEXURE K AND K1, DATED. 05-12-2024, OR II) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NO.2 TO 4, TO CONTINUE THE EMPLOYMENT/SERVICES OF THE PETITIONER, UNTIL REGULAR APPOINTMENTS ARE MADE AGAINST THE SAID POST BY THE APPROPRIATE GOVERNMENT, UNDER THE CONSTITUTIONAL SCHEME OF PUBLIC EMPLOYMENT. OR III) ISSUE A WRIT OF MANDAMUS, DIRECTING THE RESPONDENTS NO.2 TO 4, TO CONTINUE THE SERVICES/EMPLOYMENT OF THE PETITIONER - 3 - HC-KAR NC: 2025:KHC-D:11826 WP No. 100603 of 2025 UNTIL CONTINUATION OF THE SCHEME, ALONG WITH THE INTEGRATION/SUBSUMING OF THE SCHEME, WITH ANY SCHEME/PROGRAMME OR UNTIL THE PETITIONER ATTAINS THE AGE OF SUPERANNUATION. AND IV) DECLARE THE PETITIONER AS A REGULAR EMPLOYEE OR AS A DIRECT/INSOURCED CONTRACTUAL EMPLOYEE OF THE RESPONDENT NO.3, ENTITLED FOR ALL THE SERVICE BENEFITS, FACILITIES AND AS ENTITLED FOR PERIODICAL HIKE OF SALARY AND OTHER MONETARY BENEFITS, AVAILABLE AND PERMISSIBLE UNDER LAW, TO THE PETITIONER AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: i. Issue a Writ of Mandamus directing the Respondents No.1 to 4, to regularize the employment/services of the Petitioner, from the date when he completed his 10 years of service, within an outer limit of the time limit what would be fixed by this Hon’ble Court as per the requests made by the Petitioner vide Annexure K and K1, dated. 05-12-2024, or ii. Issue a Writ of Mandamus directing the Respondents No.2 to 4, to continue the employment/Services of the Petitioner, until regular appointments are made against the said post by the appropriate government, under the Constitutional scheme of public employment. or iii. Issue a Writ of Mandamus, directing the Respondents No.2 to 4, to continue the Services/employment of the petitioner until - 4 - HC-KAR NC: 2025:KHC-D:11826 WP No. 100603 of 2025 continuation of the Scheme, along with the integration/subsuming of the Scheme, with any Scheme/Programme or until the Petitioner attains the age of superannuation. and iv. Declare the Petitioner as a regular employee or as a direct/insourced contractual employee of the Respondent No.3, entitled for all the service benefits, facilities and as entitled for periodical hike of salary and other monetary benefits, available and permissible under law, to the petitioner. v. Pass any other order(s) as this Hon’ble Court may deem fit in the interests of justice and equity. 2. 2. The grievance of the petitioner is that the representations, which have been submitted by the petitioner at Annexures-K and K1, have not been considered for the regularization of the services of the petitioner. 3. Whenever any representation is submitted by a citizen to an authority, the authority is required to pass necessary orders on the representation either accepting or rejecting the representation within a - 5 - HC-KAR NC: 2025:KHC-D:11826 WP No. 100603 of 2025 reasonable period of time. Neither having been done, I pass the following: ORDER i. Writ petition is allowed. ii. A mandamus is issued directing respondent Nos.1 to 4 to consider the representations of the petitioner at Annexures-K and K1 and pass necessary orders in relation thereto in accordance with law within a period of eight weeks from the date of receipt of certified copy of this order. iii. Needless to say, until consideration, the service of the petitioner shall not be disturbed. Sd/- (SURAJ GOVINDARAJ) JUDGE Sh Ct:pa List No.: 1 Sl No.: 0