- 1 - HC-KAR NC: 2026:KHC:10628-DB RP No. 81 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND REVIEW PETITION No. 81 OF 2025 IN WRIT PETITION No. 39289 OF 2019 BETWEEN: 1. SRI. SHIVAMURTHY, S/O LATE KADRAAH, AGED ABOUT 54 YEARS, GROUP-D EMPLOYEE, OFFICE OF THE SENIOR ASSISTANT OF HORTICULTURE, STATE SECTOR TUMKUR WORKING AT INDIRA HORTICULTURE FARM, BADAVANAHILI, TUMKUR TALUK AND DISTRICT-570001. 2. 2(a) SRI PANDURANGALAH, SINCE DECEASED BY HIS LRS SMT. NARASAMMA, W/O LATE PANDURANGAIAH, AGED ABOUT 55 YEARS, 2(b) SURESH J. P., S/O LATE PANDURANGAIAH, AGED ABOUT 35 YEARS, BOTH ARE RESIDING AT JALAGUNI VILLAGE, Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:10628-DB RP No. 81 of 2025 C NANJAHALLI POST, GUBBI TALUK, TUMKUR DISTRICT-572216. 3. SRI MAHALINGAIAH S/O LATE DASAPPA, AGED ABOUT 57 YEARS, GROUP-D EMPLOYEE, OFFICE OF THE SENIOR ASSISTANT OF HORTICULTURE, STATE SECTOR TUMKUR WORKING AT INDIRA HORTICULTURE FARM, BADAVANAHLLI, TUMKUR TALUK AND DIST-570001. 4. SRI RAMACHANDRA S/O RANGADAMAIAH, AGED ABOUT 54 YEARS, GROUP-D EMPLOYEE, OFFICE OF THE SENIOR ASSISTANT OF HORTICULTURE, STATE SECTOR TUMKUR WORKING AT INDIRA HORTICULTURE FARM, BADAVANAHLLI, TUMKUR TALUK AND DIST-570001. 5. SMT. LATHA, W/O ERANNA, AGED ABOUT 51 YEARS, GROUP-D EMPLOYEE, OFFICE OF THE SENIOR ASSISTANT OF HORTICULTURE, STATE SECTOR TUMKUR WORKING AT INDIRA HORTICULTURE FARM, BADAVANAHLLI, TUMKUR TALUK AND DIST-570001. …PETITIONERS (BY SRI SUBRAMANYA BHAT M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF HORTICULTURE, M.S.BUILDING, BENGALURU-560001. - 3 - HC-KAR NC: 2026:KHC:10628-DB RP No. 81 of 2025 2. THE DIRECTOR OF HORTICULTURE, LALBAGH, BENGALURU-560002. 3. THE SENIOR ASST. DIRECTOR OF HORTICULTURE (STATE RANGE) TUMKUR-570001. …RESPONDENTS (BY SRI VIKAS ROJIPURA, AGA) THIS RP IS FILED UNDER ORDER XLVII RULE 1 R/W SECTION 114 OF CPC, PRAYING TO REVIEW THE ORDER DATED 28.11.2024 PASSED IN WP No.39289/2019 (ANNEXURE A) AND RESTORE THE WRIT PETITION TO ITS ORIGINAL FILE, TO MEET THE ENDS OF JSUTICE. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) This review petition is filed under Order 47 Rule 1 of CPC praying to review the order dated 28.11.2024 in Writ Petition No.39289/2019 by which, the petitioners' request for regularization of their service is declined. 2. Heard Sri Subramanya Bhat, learned counsel for the petitioners appearing through video conference and Sri Vikas - 4 - HC-KAR NC: 2026:KHC:10628-DB RP No. 81 of 2025 Rojipura, learned Additional Government Advocate for the respondents. 3. This Court, specifically on finding that the petitioners have failed to demonstrate that they were appointed to a sanctioned post, declined to grant regularization. 4. Sri Subramanya Bhat, learned counsel inviting attention of this Court to Annexure-B dated 10.02.2003 submits that the petitioners were appointed to a sanctioned post and their services were initially appointed in the Horticulture Wing of the Watershed Development Department and subsequently their services were transferred to the Horticulture Department. 5. It is his submissions that the extension of benefit under Karnataka Daily Wage Employees' Welfare Act, 2012, would not debar from seeking regularization. The said contention was dealt by this Court in paragraph 9 of the impugned order herein. Moreover, from Annexure-B, it cannot be gathered that the petitioners were appointed to a sanctioned post. - 5 - HC-KAR NC: 2026:KHC:10628-DB RP No. 81 of 2025 6. The petitioners have failed to point out the error, much less the error apparent from the record to review the order. We do not find any merit in the petition and accordingly, review petition stands rejected. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE DDU List No.: 1 Sl No.: 15