- 1 - HC-KAR NC: 2025:KHC:53515 WP No. 19850 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 19850 OF 2025 (S-RES) BETWEEN: 1. SRI CHIKKALINGAIAH SINCE DEAD REP. BY HIS LEGAL REPRESENTATIVES C. RAJU, S/O CHIKKALINGAIAH, AGED ABOUT 48 YEARS, R/AT NO.207, ALANAHALLI VILLAGE AND POST, MYSORE - 570011 2. KUMARI, W/O RAVI, AGED ABOUT 49 YEARS, R/AT NO.273, RAAMA MANDIRA MAIN ROAD, ALANAHALLI VILLAGE AND POST, MYSORE - 570028 …PETITIONERS (BY SRI. SHARATH S GOWDA., ADVOCATE) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53515 WP No. 19850 of 2025 AND: 1. THE STATE OF KARNATAKA THE STATE OF KARNATAKA, REP. BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, B.R. AMBEDKAR VEEDHI, BANGALORE-560001. 2. THE STATE OF KARNATAKA, REP. BY THE PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, B.R AMBEDKARVEEDHI, BENGALURU-560001. 3. DIRECTORATE OF MUNICIPAL ADMINISTRATION REP. BY ITS SECRETARY, DR. B.R. AMBEDKAR ROAD, 9TH AND 10TH FLOOR, VISHVESHWARAIAH TOWER, BENGALURU-560 001. 4. MYSURU CITY CORPORATION, NEW SAYYAJI RAO ROAD, MYSURU-570024. REP. BY ITS COMMISSIONER. - 3 - HC-KAR NC: 2025:KHC:53515 WP No. 19850 of 2025 5. THE DEPUTY COMMISSIONER, MYSURU, KRISHNARAJA BOULVARD ROAD, MYSURU DISTRICT, MYSURU-570001. …RESPONDENTS (BY SMT. SUKANYA BALIGA, AGA FOR R1 TO R3 & R5 SRI. GAURAV G.K., ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS AUTHORITIES TO CONSIDER THE SERVICE OF DECEASED EMPLOYEE, CHIKKALINGAIAH HEREIN WHO HAS DIED WHILE IN SERVICE AS DEEMED REGULARIZED AND TO DISBURSE HIS RETIREMENT AND OTHER CONSEQUENTIAL SERVICE BENEFITS INCLUSIVE OF EXPANSIONARY BENEFITS TO THE PETITIONER HEREIN WHO ARE HIS LEGAL REPRESENTATIVES. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI - 4 - HC-KAR NC: 2025:KHC:53515 WP No. 19850 of 2025 ORAL ORDER The petitioners filed this petition seeking for the following reliefs: A. Issue writ in the nature of Mandamus or any other appropriate writ directing the Respondent Authorities to consider the service of deceased employee, Chikkalingaiah herein who has died while in service, as deemed regularized and to disburse his retirement and other consequential service benefits inclusive of pensionary benefits to the Petitioners herein who are his legal representatives. B. Grant such other relief that this Hon'ble Court may deem fit in the facts and circumstances of the matter. 2. Brief facts leading rise to the filing of this petition are as follows: 2.1. The deceased employee Chikkalingaiah, who is the father of petitioner No.1 and father-in-law of petitioner No.2 was working in respondent No.4-Corporation as daily wage workers against the available vacant posts. The deceased employee had worked for more than 10 years in - 5 - HC-KAR NC: 2025:KHC:53515 WP No. 19850 of 2025 the same nature of work on the temporary pay scale without the cover of the orders of the Court or Tribunal, and died while in service. The petitioners submitted a representation dated 25.06.2025 vide Annexure-Y and to disburse the retiral benefits for deemed regularisation of service of the deceased employee. No order was passed on the said representation. Hence, this petition. 3. Heard the arguments of learned counsel for the petitioners and also learned counsel for the respondents. 4. Learned counsel for the petitioner submits that, similarly situated legal representatives of the deceased employee filed a writ petition in WP No. 28129 of 2024, wherein this Court disposed of the writ petition vide order dated 11.11.2024. He submitted that the petitioners are also entitled for the similar benefit and prays to dispose of the writ petition in terms of the order passed in the aforesaid writ petition. Hence, prays to allow the writ petition. - 6 - HC-KAR NC: 2025:KHC:53515 WP No. 19850 of 2025 5. Per contra, learned counsel for the respondents submit that, the respondents will consider the case of the petitioner in terms of the order passed by this court in WP No. 28129 of 2024. 6. Perused the records and considered the submissions of the learned counsel for the parties. 7. It is an undisputed fact that, Chikkalingaiah, who worked in the respondent-Corporation for more than 10 years, died in service. The legal representatives of the deceased Chikkalingaiah submitted a representation to the respondents to consider the case of the deceased employee i.e., Chikkalingaiah as deemed regularisation. But, no order has been passed. 8. This Court, in an identical matter in WP No. 28129 of 2024, disposed of the writ petition and directed the respondents therein to consider the case of the petitioner therein for deemed regularisation, by taking note of the death of the deceased employee in that case. - 7 - HC-KAR NC: 2025:KHC:53515 WP No. 19850 of 2025 Thus, the petitioners herein are also standing on the same footing. The petitioners are entitled for the similar benefit on the ground of parity. 9. In view of the above discussion, I proceed to pass the following: ORDER i. The writ petition is disposed of; ii. The respondents are directed to consider the case of the deceased Chikkalingaiah for regularisation in terms of the order of the Hon'ble Apex Court in State of Karnataka Vs. Umadevi and Others1 and also the Government Order dated 25.05.2006; iii. Once the conditions make out the case for passing an order of regularisation, the respondents, to pass an order of deemed regularisation by taking note of the death of the deceased Chikkalingaiah and such an order is to be given effect from the date on which the said Chikkalingaiah had completed 10 years of service; 1 (2006) 4 SCC 1 - 8 - HC-KAR NC: 2025:KHC:53515 WP No. 19850 of 2025 iv. Upon order of regularisation being passed, all the service benefits as granted at Annexure-T also to be extended to petitioner No.1; v. Such a decision to be taken within 3 months from the date of receipt of a certified copy of this order; vi. In view of disposal of the petition, pending IA(s), if any, shall stand disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE PA CT: KHV List No.: 1 Sl No.: 43