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2025 DAILYLAW 85604 (KAR)

SMT. NANDA KALAL v. THE STATE OF KARNATAKA

WP/101152/2025 · 2025-09-11

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:11829 WP No. 101152 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. 101152 OF 2025 (S-REG) BETWEEN: 1. SMT. NANDA KALAL @ SMT.NANDA W/O.YALLAPPA KALAL, AGE: 48 YEARS, OCC.: PRESENTLY UNEMPLOYED, R/O.: LIG 167, 3RD MAIN, HUDCO COLONY, VTC: GADAG, TQ. AND DIST.: GADAG – 582 103. 2. SMT.SUMA KUMBAR @ SUMA W/O. RAMESH SHIVALINGAPPA KUMBAR, AGE: 50 YEARS, OCC.: PRESENTLY UNEMPLOYED, R/O.: KUMBAR ONI, OKKALAGERI ONI, GADAG, TQ. AND DIST.: GADAG – 582 101. 3. SMT.YASMIN PAMDI @ SMT.YASMIN W/O. JANDISAB PAMDI, AGE: 32 YEARS, OCC.: PRESENTLY UNEMPLOYED, R/O.: USAGIN KATTI ONI, YALIGAR PLOT, GADAG, TQ. AND DIST.: GADAG – 582 101. …PETITIONERS (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 PRINCIPAL SECRETARY, GATE NO.3, 1ST FLOOR, M. S. BUILDING, Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11829 WP No. 101152 of 2025 DR. B. R. AMBEDKAR VEEDHI, BENGALURU – 560 001 2. THE DIRECTOR, OFFICE OF THE DIRECTORATE OF CHILD PROTECTION, VISHWESHWARAIAH KENDRA, CHIKKA GOPURA, 3RD FLOOR, DR.AMBEDKAR VEEDHI, BENGALURU – 01. 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 – 582 103. 4. THE DISTRICT CHILD PROTECTION OFFICER, OFFICE OF THE DISTRICT CHILD PROTECTION UNIT, ROOM NO.225, 2ND FLOOR, DC OFFICE, GADAG, DIST.: GADAG – 582 103. 5. THE SUPERINTENDENT, GIRLS CHILDREN HOME (SARKARI BALAKIYARA BALA MANDIRA), G.S. PATIL NAGARA, SAMBAPURA ROAD, GADAG, DIST.: GADAG – 582 101. 6. SHARP WATCH INVESTIGATION SECURITY SERVICES PVT. LTD., REPRESENTED BY ITS AUTHORIZED SIGNATORY, OFFICE AT: #17/2, 1ST FLOOR, 5TH MAIN, 8TH CROSS, KAMAKSHI HOSPITAL ROAD, SARASWATHIPURAM, MYSORE, DIST.: MYSORE – 570 009. 7. SMT.NIRMALA MALLAPPA TALAWAR AGE: MAJOR, OCC.: CHIEF COOK, R/O.: C/O. GIRLS CHILDREN HOME (SARKARI BALAKIYARA BALA MANDIRA), J.S. PATIL NAGAR, SAMBAPURA ROAD, GADAG, DIST.: GADAG – 582 101. 8. SMT.VEENA KARABASAPPA MALODE, AGE: MAJOR, - 3 - HC-KAR NC: 2025:KHC-D:11829 WP No. 101152 of 2025 OCC.: SECURITY GUARD AND ASSISTANT COOK, R/O.: C/O. GIRLS CHILDREN HOME (SARKARI BALAKIYARA BALA MANDIRA), J.S. PATIL NAGAR, SAMBAPURA ROAD, GADAG, DIST.: GADAG – 582 101. 9. SMT.NINGAMMA DETKAVANI, AGE: MAJOR, OCC.: SECURITY GUARD AND SWEEPER, R/O.: C/O. GIRLS CHILDREN HOME (SARKARI BALAKIYARA BALA MANDIRA), J.S. PATIL NAGAR, SAMBAPURA ROAD, GADAG, DIST.: GADAG – 582 101. …RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1 TO R5; R6 TO R9-NOTICE SERVED) THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I) ISSUE A WRIT OF CERTIORARI QUASHING THE ENDORSEMENT WRITTEN BY THE RESPONDENT NO.4/THE DISTRICT CHILD PROTECTION OFFICER, GADAG ON LETTER DATED 31/05/2024 VIDE ANNEXURE B. AND II) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NO.1 TO 5, TO REGULARIZE THE EMPLOYMENT/SERVICES OF THE PETITIONER NO.1 AND 2, FROM THE DATE WHEN THEY COMPLETED THEIR 10 YEARS OF SERVICES/EMPLOYMENT, WITHIN AN OUTER LIMIT OF THE TIME LIMIT WHAT WOULD BE FIXED BY THIS HON’BLE COURT. OR III) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NO.1 TO 5, TO CONTINUE THE EMPLOYMENT/SERVICES OF THE PETITIONER NO.3 IN THE SAME POST FROM WHICH HER EMPLOYMENT WAS TERMINATED, UNTIL REGULAR APPOINTMENTS ARE MADE AGAINST THE SAID POST, BY THE APPROPRIATE GOVERNMENT, UNDER THE CONSTITUTIONAL SCHEME OF PUBLIC EMPLOYMENT. OR IV) ISSUE A WRIT OF MANDAMUS, DIRECTING THE RESPONDENTS NO.1 TO 5, TO CONTINUE THE SERVICES/EMPLOYMENT OF THE PETITIONERS UNTIL CONTINUATION OF THE SCHEME, ALONG WITH THE INTEGRATION/SUBSUMING OF THE SCHEME, WITH ANY OTHER SCHEME/PROGRAMME OR UNTIL THE PETITIONERS ATTAINS THE AGE OF SUPERANNUATION. AND V) DECLARE THE PETITIONERS AS A REGULAR EMPLOYEE OR AS A - 4 - HC-KAR NC: 2025:KHC-D:11829 WP No. 101152 of 2025 DIRECT/INSOURCED CONTRACTUAL EMPLOYEE OF THE RESPONDENT NO.5, 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 PETITIONERS. AND/ORVI) DIRECT THE RESPONDENT NO.4/THE DISTRICT CHILD PROTECTION OFFICER, GADAG, TO PAY THE COST OF LITIGATION TO THE PETITIONERS. AND/OR VII) PASS ANY OTHER ORDER(S) AS THIS HON’BLE COURT MAY DEEM FIT IN THE INTERESTS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS 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 Certiorari quashing the endorsement written by the Respondent No.4/the District Child Protection Officer, Gadag on letter dated 31/05/2024 vide Annexure B; and ii. Issue a Writ of Mandamus directing the Respondents No.1 to 5, to regularize the employment/services of the petitioner no.1 and 2, from the date when they completed their 10 years of services/employment, within an outer limit of the time limit what would be fixed by this Hon’ble Court; or iii. Issue a Writ of Mandamus directing the Respondents No.1 to 5, to continue the employment/Services of the Petitioner No.3 in the same post from which her employment was terminated, until regular appointments are - 5 - HC-KAR NC: 2025:KHC-D:11829 WP No. 101152 of 2025 made against the said post, by the appropriate government, under the constitutional scheme of public employment; or iv. Issue a Writ of Mandamus, directing the Respondents No.1 to 5, to continue the Services/employment of the petitioners until continuation of the scheme, along with the integration/subsuming of the scheme, with any other Scheme/Programme or until the petitioners attains the age of superannuation; and v. Declare the Petitioners as a regular employee or as a direct/insourced contractual employee of the Respondent No.5, 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 Petitioners; and/or vi. Direct the Respondent No.4/the District Child Protection Officer, Gadag, to pay the cost of litigation to the Petitioners. and/or vii. Pass any other order(s) as this Hon’ble Court may deem fit in the interests of justice and equity. 2. The grievance of the petitioner is that the representations, which have been submitted by the petitioner at Annexure-B, have not been considered for the regularization of the services of the petitioner. - 6 - HC-KAR NC: 2025:KHC-D:11829 WP No. 101152 of 2025 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 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 Annexure-B 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