- 1 - HC-KAR NC: 2025:KHC:32401 WP No. 20667 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 20667 OF 2021 (S-RES) BETWEEN: PAPANNA H P S/O PUTTAPPA AGED ABOUT 62 YEARS RETD DAILY WAGE ELECTRICIAN (GROUP-D) CITY MUNICIPAL COUNCIL HOSAKOTE -562 114 BENGALURU RURAL DISTRICT R/AT GANGAMMA GUDI ROAD 3RD CROSS RAMAKKA LAYOUT HOSAKOTE -562114 BENGALURU RURAL DISTRICT. …PETITIONER (BY SRI. MURALIDHAR K B., ADVOCATE) AND: 1. THE DIRECTOR DIRECTORATE OF MUNICIPAL ADMINISTRATION 9TH FLOOR VISHVESHWARAIAH TOWERS BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT DISTRICT OFFICE COMPLEX BEERASANDRA VILLAGE KUNDANA HOBLI DEVANAHALLI TALUK-562110 …RESPONDENTS (BY SRI. B J ESWARAPPA, AGA FOR RESPONDENTS) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED LETTER BEARING NO: 25121, Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32401 WP No. 20667 of 2021 DMA/15/DWE/2018-19 DATED: 23.09.2019 OF THE R-1 VIDE ANNEXURE-V AND THE IMPUGNED ENDORSEMENT BEARING NO: JI.NA.KO.(2)/ SIBBANDI/ CR/ 05/2015-16 DATED: 14.11.2019/14.01.2020 OF THE R-2 VIDE ANNEXURE-W 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 ORAL ORDER 1. In this writ petition, the petitioner has called in question the order dated 23.09.2019 passed by respondent No.1 at Annexure-V and endorsement dated 14.11.2019/14.01.2020 issued by respondent No.2 at Annexure-W, whereby the request of the petitioner for regularization has been rejected. 2. The petitioner was appointed as an Electrician (Group-D) in City Municipal Council, Hosakote, as daily wage employee, by order dated 18.05.1993 vide Annexure-C. Thereafter, by order dated 01.04.1995 - 3 - HC-KAR NC: 2025:KHC:32401 WP No. 20667 of 2021 vide Annexure-D, the Chief Officer of the City Municipal Council fixed the pay scale of Rs.840-1340 for Group-D employees with effect from 01.04.1995 under ‘equal pay for equal work’. Thereafter, since the petitioner has completed more than 10 years of service, he submitted a representation seeking for regularization of his service as Electrician (Group-D) or any other Group-D posts. Since his representation has not been considered, he filed W.P.No.17184/2018 before this Court and this Court by order dated 15.04.2019 has disposed of the writ petition. Paragraphs 7 and 8 of the order dated 15.04.2019 passed in W.P.No.17184/2018 reads thus: “7. As rightly pointed by the learned Counsel for the petitioner that the Hon’ble Supreme Court of India in the case of State of Karnataka and others Vs. M.L.Kesari and others reported in (2010) 9 SCC 247 has held that if an employee who has completed ten years of service but does - 4 - HC-KAR NC: 2025:KHC:32401 WP No. 20667 of 2021 not possess the educational qualifications prescribed for the post, at the time of their appointment, they may be considered for regularisation in suitable lower posts. Since the petitioner is not insisting that he be appointed as an Electrician which is a Group ‘C’ post for which the petitioner admittedly does not have the requisite qualification, he could be considered for regularisation in a Group ‘D’ post where the petitioner fulfills the required qualification. 8. In that view of the matter, this petition is disposed of while directing the respondents to consider the representation of the petitioner dated 26.10.2016 at Annexure ‘R’ and pass orders as expeditiously as possible and at any rate within a period of three months from the date of receipt of a certified copy of this order.” 3. This Court in W.P.No.17184/2018 has specifically directed the respondents to consider the case of the petitioner for regularization in a Group-D post where - 5 - HC-KAR NC: 2025:KHC:32401 WP No. 20667 of 2021 the petitioner fulfills the required qualification. But the respondent No.2 by impugned endorsement at Annexure-W has rejected the request of the petitioner for regularization on the ground that the petitioner is not qualified for regularization for Group-C post. This impugned endorsement is issued contrary to the directions issued by this Court in W.P.No.17184/2018. On this ground alone, the writ petition is required to be allowed and impugned order is liable to be quashed. 4. Accordingly, the following order is passed: ORDER a) The writ petition is allowed. b) The order dated 23.09.2019 passed by respondent No.1 at Annexure-V and endorsement dated 14.11.2019/ - 6 - HC-KAR NC: 2025:KHC:32401 WP No. 20667 of 2021 14.01.2020 passed by respondent No.2 at Annexure-W, are hereby quashed. c) The respondents are directed to consider the case of the petitioner for regularization in Group-D post, in terms of the directions issued by this Court in W.P.No.17184/2018 disposed of on 15.04.2019, within a period of three months from the date of receipt of certified copy of this order. d) All pending applications are disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 21