Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:31939 WP No. 29538 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 29538 OF 2024 (S-REG) BETWEEN:
1. VENKATEGOWDA H T S/O THIRUMALA GOWDA AGED ABOUT 62 YEARS RETD. BILL COLLECTOR TOWN PANCHAYAT, ALUR 573 213 R/AT 'SIRI NILAYA', OLD COURT CIRCLE DADADAHALLI BADAVANE ALUR, HASSAN DISTRICT-573 213. 2. MANJUNATHA A M S/O MALALAH AGED ABOUT 59 YEARS SECOND DIVISION ASSISTANT TOWN PANCHAYAT, ALUR
HASSAN DISTRICT-573 213. …PETITIONERS (BY SRI. MURALIDHAR K B., ADVOCATE) AND:
1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT URBAN DEVELOPMENT DEPARTMENT 4TH FLOOR, VIKASA SOUDHA BENGALURU - 560 001. 2. THE DIRECTOR MUNICIPAL ADMINISTRATION DEPARTMENT 9TH FLOOR, VISHVESHWARAIAH TOWERS DR.AMBEDKAR VEEDHI BENGALURU - 560 001. …RESPONDENTS (BY SRI.SIDHARTH BABU RAO, AGA FOR RESPONDENTS)
Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA
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HC-KAR NC: 2025:KHC:31939 WP No. 29538 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO REGULARIZE THE SERVICES OF THE PETITIONERS WITH EFFECT FROM THE DATE OF COMPLETION OF 10 YEARS OF DAILY WAGE EMPLOYMENT, WITH ALL CONSEQUENTIAL SERVICE AND MONETARY BENEFITS FLOWING THERE FROM,
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 petitioners have sought for the following reliefs: a) Issue a writ of mandamus directing the respondent to regularize the services of the petitioners with effect from the dated of completion of 10 years of daily wage employment, with all consequential service and monetary benefits flowing therefrom, in the interest of justice and equity. b) Pass such other order/orders as this Hon’ble Court deems fit and just in the matter in the interest of justice and equity in the eye of law. - 3 -
HC-KAR NC: 2025:KHC:31939 WP No. 29538 of 2024
2.
The case of the petitioners is that the Mandal Panchayat, Alur, Hassan District, constituted under the Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983, had issued notification dated 16.05.1991 vide Annexure-C inviting applications from the eligible candidates for appointment to one vacant post of clerk and one vacant post to Bill Collector temporarily on the consolidated pay of Rs.500/- per month. Pursuant to the notification, the petitioners had applied for the said post and after conducting interview, the Mandal Panchayat, Alur, issued Official Memorandum dated 13.06.1991 vide Annexure-D appointing the petitioner No.1 as Bill Collector and petitioner No.2 as Clerk. Later, the Mandal Panchayat has been upgraded to Town Panchayat. Till the date of their retirement, the petitioners worked at Town Panchayat, Alur. Petitioner No.1 retired on 28.02.2022 and petitioner No.2 has got less than one years for retirement as on the date of filing the writ petition. When the petitioners were in service, they filed W.P.No.60144-60145/2014 vide
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HC-KAR NC: 2025:KHC:31939 WP No. 29538 of 2024
Annexure-S seeking direction to regularize their service. This Court by order dated 21.09.2015 has directed the respondents to consider the case of the petitioners for regularization after giving opportunity to the petitioners. Thereafter, on 06.01.2023, the respondent No.2 has recommended the names of the petitioners to the respondent No.1 vide Annexure-AA for consideration of their case for regularization, since the petitioners have complied with all conditions as mentioned in the case of Secretary, State of Karnataka and others v. Umadevi and others (AIR 2006 SC 1806). Thereafter, the respondent No.1, State Government vide communication dated 07.06.2023 at Annexure-AB requested the respondent No.2 to furnish further documents in respect of the petitioners and other candidates. Pursuant to the said communication, respondent No.2 requested the Deputy Commissioner to send the list of eligible candidates. Pursuant to that, the Deputy Commissioner has sent the details in respect of the candidates, who were eligible for regularization vide Annexure-AD dated
14.06.2023. - 5 -
HC-KAR NC: 2025:KHC:31939 WP No. 29538 of 2024
Thereafter, no action has been taken by the State Government. Hence, the petitioners are before this Court. 3.
The learned AGA appearing for the respondent No.1- State submits that the information has been submitted by the Deputy Commissioner to the Director of Municipal Administration vide Annexure-AD, inturn, the Director has sent the information to the respondent No.1, State Government. On the basis of the documents submitted by the respondent No.2, respondent No.1 will consider the recommendation submitted by the respondent No.2 in accordance with law, and in view of the law laid down in the case of Umadevi (Supra). 4. In view of the above, without expressing any opinion on the merits of the case, the writ petition is disposed of. 5. Respondent No.1 is hereby directed to consider the recommendation submitted by the respondent No.2 vide *Annexure-AA dated 06.01.2023 to regularize the service of the petitioners in accordance with law, not later than *Corrected vide Chamber order dated:22.09.2025
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HC-KAR NC: 2025:KHC:31939 WP No. 29538 of 2024
three months from the date of receipt of certified copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE
DM LIST NO.: 1 SL NO.: 47