- 1 - HC-KAR NC: 2025:KHC:53988 WP No. 34046 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO.34046 OF 2024 (S-RES) BETWEEN: 1. SRI MANCHEGOWDA SINCE DEAD REP BY HIS LEGAL REPRESENTATIVES GAGANA M D/O MANCHEGOWDA AGED ABOUT 27 YEARS 2. H CHIKKAMMA BHARATHI W/O MANCHEGOWDA AGED ABOUT 44 YEARS, BOTH ARE R/AT NO.18/19.B,9TH CROSS RBI LAYOUT, OM SHIVASHAKTI NAGAR, BENGALURU - 560 078 …PETITIONERS (BY SRI. SHARATH S GOWDA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, B. R. AMBEDKAR VEEDHI, BANGALORE - 560 001. 2. THE STATE OF KARNATAKA, REP. BY THE PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53988 WP No. 34046 of 2024 VIKASA SOUDHA, B.R AMBEDKAR VEEDHI, BENGALURU - 560 001 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 - 570 024. REP BY ITS COMMISSIONER 5. THE DEPUTY COMMISSIONER, MYSURU, KRISHNARAJA BOULVARD ROAD, MYSURU DISTRICT, MYSURU - 570 001. …RESPONDENTS (BY SMT. B. SUKANAYA BALIGA., AGA FOR R1 TO R3 & R5; SMT. M. P. GEETHA DEVI, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT DIRECTING THE RESPONDENT AUTHORITIES TO CONSIDER THE SERVICE OF DECEASED EMPLOYEE, MANCHEGOWDA HEREIN WHO HAS DIED WHILE IN SERVICE, AS DEEMED REGULARIZED AND TO DISBURSE HER RETIREMENT AND OTHER CONSEQUENTIAL SERVICE BENEFITS INCLUSIVE OF PENSIONARY BENEFITS TO THE PETITIONERS HEREIN WHO ARE HIS LEGAL REPRESENTATIVES. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:53988 WP No. 34046 of 2024 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioners filed this petition seeking 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, Manchegowda herein who has died while in service, as deemed regularized and to disburse her retirement and other consequential service benefits inclusive of pensionary are his legal benefits to the petitioners herein who 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 Manchegowda, who is the father of petitioner No.1 was working in respondent No.4-Corporation as daily wage worker against the available vacant posts. The deceased employee had - 4 - HC-KAR NC: 2025:KHC:53988 WP No. 34046 of 2024 worked for more than 10 years in the same nature of work on the temporary pay scale without the cover of the orders of the Court or Tribunal, and the deceased employee died while in service. The petitioners submitted a representation dated 13.11.2024 vide Annexure-V and to disburse the retirement benefits of the deemed enmployee by way of deemed regularisation of service of the deceased employee. No order was passed on the said representation by the respondents. 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 accordingly prays to dispose of the writ petition in terms of the order passed - 5 - HC-KAR NC: 2025:KHC:53988 WP No. 34046 of 2024 in the aforesaid writ petition. Hence, prays to allow the writ petition. 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. Accordingly, prays to dispose of the petition. 6. Perused the records and considered the submissions of the learned counsel for the parties. 7. It is an undisputed fact that, Manchegowda, who worked in the respondent-Corporation for more than 10 years, died while he was in service. The legal representatives of the deceased Manchegowda submitted a representation vide Annexure-V to the respondents to consider the case of the deceased employee i.e., Manchegowda for deemed regularisation and to disburse retirement benefits. But, no order has been passed. - 6 - HC-KAR NC: 2025:KHC:53988 WP No. 34046 of 2024 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. Thus, the petitioners herein are also standing on the same footing. Therefore, the petitioners are entitled to 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 Manchegowda 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; 1 (2006) 4 SCC 1 - 7 - HC-KAR NC: 2025:KHC:53988 WP No. 34046 of 2024 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 Manchegowda and such an order is to be given effect from the date on which the said Manchegowda had completed 10 years of service; iv. Upon order of regularisation being passed, all the service benefits as granted at Annexure-S 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 List No.: 2 Sl No.: 3