- 1 - HC-KAR NC: 2026:KHC:22557 WP No. 18706 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 18706 OF 2025 (S-R) BETWEEN: SRI RANGASWAMY, S/O MARAYYA, AGED ABOUT 60 YEARS, R/AT 19, TALUK OFFICE ROAD, TAPCS MS BAVANA FORT, KRISHNARAJPET, MANDYA-571426. …PETITIONER (BY SRI. SHARATH S GOWDA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY THE PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, B.R AMBEDKAR VEEDHI, BENGALURU-560001. 2. DIRECTORATE OF MUNICIPAL ADMINISTRATION REP. BY ITS SECRETARY. DR. B.R. AMBEDKAR ROAD, 9TH AND 10TH FLOOR, VISHVESHWARAIAH TOWER, BENGALURU-560 001. 3. THE DEPUTY COMMISSIONER, MANDYA, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:22557 WP No. 18706 of 2025 DEPUTY COMMISSIONER OFFICE, MANDYA 571401. 4. THE PROJECT DIRECTOR, DISTRICT URBAN DEVELOPMENT CELL, O/O THE DEPUTY COMMISSIONER, MANDYA DISTRICT, MANDYA-571401. 5. THE CHIEF OFFICER, TOWN MUNICIPAL COUNCIL, KRISHNARAJAPETE, OLD MYSORE ROAD, KRISHNARAJAPETE, MANDYA DISTRICT, MANDYA 571426. …RESPONDENTS (BY SRI.G.RAMESH NAIK, AGA FOR R-1 TO R-4, SRI G.M.ANANDA, ADVOCATE FOR R-5 ) THIS WRIT PETITION IS FILED UNDER ARTICLE226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 10.06.2025 IN NO.KRU. RAJ.PE.PU.KAA.NI/SIBBANDHI/CR/02/2025-26 ISSUED BY 5TH RESPONDENT, CHIEF OFFICER, TOWN MUNICIPAL COUNCIL, K R PETE VIDE ANNEXURE A AND FOR A DIRECTION, DIRECTING THE RESPONDENT AUTHORITIES TO CONSIDER THE CASE OF PETITIONER AS DEEMED REGULARIZED AND DISBURSE RETIRAL AND CONSEQUENTIAL SERVICE BENEFITS INCLUSIVE OF PENSIONARY BENEFITS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN `B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:22557 WP No. 18706 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner has sought for the following reliefs: “ a) Issue writ in the nature of certiorari or any other appropriate writ to quash the endorsement dated 10.06.2025 in No.Kru. Raj. Pe. Pu. Kaa. Ni/ Sibbandhi/CR/02/2025-26, issued by 5th respondent, Chief Officer, Town Municipal Council, K R Pete, vide Annexure-A. b) Issue writ in the nature of mandamus or any other appropriate writ or direction, directing the respondent authorities to consider the case of petitioner as deemed regularized and disburse retiral and consequential service benefits inclusive of pensionary benefits. c) Grant such other relief that this Hon'ble Court may deem fit in the facts and circumstances of the matter." 2 Heard learned counsel for the petitioner and learned counsels for respondents No.1 to 5 and perused the material on record. 3. A perusal of the material on record would indicate that the petitioner was appointed as Powrakarmika on daily wage basis in the 5th respondent - Town Municipal Council, and has been working there since 1988. It is the grievance of the petitioner that his request for regularization for having worked continuously for more - 4 - HC-KAR NC: 2026:KHC:22557 WP No. 18706 of 2025 than 35 years has been rejected by the 5th respondent vide impugned endorsement assailed in the present petition. 4 In this context, it is submitted by the learned counsel for the petitioner that the impugned endorsement, which states that the petitioner is not entitled to regularization on the ground that the petitioner's appointment was not as against the sanctioned post, is contrary to the following judgments of Hon'ble Apex Court and this Court : i) State of Karnataka v. Shashikala - WA No.5679-80/2000 in the High Court of Karnataka at Bengaluru dated 01.07.2002 ii) State of Karnataka v. Chandrashekarappa -WP No. 43246 - 43294 /2002 in the High Court of Karnataka at Bengaluru dated 14.01.2003 iii) Purnendu Mukhopadhyay Vs V K Kapoor - 2008 (14) SCC 403 iv) State of Karnataka v. K Bhagyalaksmi & Ors - WP No. 15716/2013 dated 29.10.2013 v) Nihal Singh Vs State of Punjab - 2013 (14) SCC 65 vi) Malathi Das & Ors. Vs. Suresh & Ors. Vs. Suresh & Ors. Civil Appeal No. 3338/2014 vii) Vinod Kumar Vs Union of India - SLP No. 22241-42/2016 viii) Jivanalal Vs Pravin Krishna - 2016 (15) SCC 747 - 5 - HC-KAR NC: 2026:KHC:22557 WP No. 18706 of 2025 ix) Dharam Singh and others Vs State Of U.P and Anr. Civil Appeal No(S). 8558 of 2018 x) Ravi Verma Vs Union of India - CA No. 2795-2796/2018 xi) Sheo Narain Nagar Vs State of Uttar Pradesh - 2018 (13) SCC 432 xii) Narendra Kumar Tiwari Vs State of Karnataka - 2018 (8) SCC 238 xiii) State of Karnataka Vs Khatoonbi - WP No. 107600/2017 in the High Court of Karnataka at Dharwad Bench dated 27.03.2019 xiv) State of Karnataka Vs Vijayamma - WA No. 4282/2012 in the High Court of Karnataka at Bengaluru dated 30.10.2019 xv) State of Karnataka Vs Revanna S - CA No. 5292/2019 xvi) Raman Kumar Vs Union of India - SLP No. 7898/2020 xvii) Joint Director of Agricultural v. Shankremma & Anr - WA No. 200005/2021 in the High Court of Karnataka at Kalburgi Bench dated 03.01.2022 xviii) Kuberappa Vs State of Karnataka & Ors - WP No. 107934/2017 in the High Court of Karnataka at Dharwad Bench dated 10.11.2022 xix) Dr. Sunitha N Vs Bangalore University Gnanabharathi and another -WP NO. 25103/2015(S-REG) dated 25.11.2022 xx) G Sandhya and others Vs State of Karnataka and others -WP NO. 19344/2024 C/w Premakumar M and others Vs State of Karnataka and others - WP No. 49497/2014 dated 16.05.2023 - 6 - HC-KAR NC: 2026:KHC:22557 WP No. 18706 of 2025 xxi) State of Karnataka Vs Mayanna Gowda - WP No. 8700/2021 dated 24.08.2023 xxii) State of Karnataka Vs Ashok Kumar - WP No. 201525/2023 dated 01.09.2023 xxiii) Om Prakash Banerjee Vs State of West Bengal reported in 2023 INSC 567 xxiv) Smt. Shanthalakshmi Vs State of Karnataka and others - WP No.40204/2012 (S-REG) C/w Sri. M Narayanaswamy and others Vs State of Karnataka and others - WP No.54553/2014 dated 22.07.2024 xxv) State of Madhya Pradesh Vs Shyam Kumar Yadav - SLP No. 26509/2018 dated 22.07.2024 xxvi) Mrs. Jayanti & Ors. V. The State of Karnataka & Ors.- WP No.7441/2021 (S-REG) in the High Court of Karnataka at Bengaluru dated 15.10.2024 xxvii) KM Shivagangamma Vs State of Karnataka & Ors - WP No. 201640/2016 in the High Court of Karnataka at Kalburgi Bench dated 22.10.2024 xxviii) Jaggo Vs UOI and others 2024 SCC Online SC 3826 xxix) Nagendra SG Vs KC Veeranna - CA No. 5586/2024 xxx) Mahanadi Coalfields Ltd Vs Brajrajnagar Coal Mines Worker's Union 2024 INSC 199 xxxi) Rajkaan Singh Vs Union of India 2024 INSC 621 - 7 - HC-KAR NC: 2026:KHC:22557 WP No. 18706 of 2025 xxxii) Bhola Nath Vs The State of Jharkhand & Ors - SLP(C)No. 30762 of 2024 xxxiii) Sri. Venkataraju V Vs. State of Karnataka and Others – WP. No. 4268/2022 (S-KSAT) In the High Court of Karnataka at Bengaluru dated 10.03.2025 xxxiv) P. Junjappa Vs The principal Cheif Conservator of Forests & Ors -WP No. 6238/2020(S-KSAT) C/W WP No. 48123/2019(S-KAT) in the High Court of Karnataka at Bengaluru dated 17.03.2025 xxxv) N Ashok Vs State of Karnataka - WP No. 3552/2024 in the High Court of Karnataka at Bengaluru dated 20.03.2025 xxxvi) State of Karnataka & Ors. v. Ningappa Gudagi - WA No. 1180/2024 dated 24.03.2025 xxxvii) Somashekara & Ors. V. State of Karnataka & Anr - WP No. 988/2019 in the High Court of Karnataka at Bengaluru dated 25.03.2025 xxxviii) Mahabaleshwar & Anr Vs State of Karnataka & Ors - WP No. 18058/2025 (S-KSAT) In the High Court of Karnataka at Bengaluru dated 28.04.2025 xxxix) Lakshmana Vs State of Karnataka & - WP No. 26016/2024 (S- KSAT) in the High Court of Karnataka at Bengaluru dated 29.04.2025 xl) Thyagaraju v. State of Karnataka & Anr -WP No. 3805/2023 dated 14.07.2025 - 8 - HC-KAR NC: 2026:KHC:22557 WP No. 18706 of 2025 xli) State of Karnataka & Ors Vs K Dodda Arasaiah & Anr - WA No. 1882/2024 in the High Court of Karnataka at Bengaluru dated 27.11.2025 xlii) Sharanayya Swamy Vs State of Karnataka & Ors - WP No. 100911/2022 in the High Court of Karnataka at Dharwad Bench dated 02.12.2025 xliii) The Registrar & Ors. Vs Chikkanna & Ors. Vs Chikkanna & Ors. WA No. 705/2024 C/W CCC No.626/2024 ,WA No. 629/2024,WA No. 711 of 2024 ,WA No. 742/2024 in the High Court of Karnataka at Bengaluru dated 16.12.2025 xliv) Ramesh R Vs State of Karnataka Anr. - WP No. 25892/2024 In the High Court of Karnataka at Bengaluru dated 16.12.2025 xlv) Shripal Vs Nagar Nigam, Ghaziabad 2025 INSC 144 xlvi) State of Karnataka & Ors Vs N Ashok SLP Diary No. 69711/2025 xlvii) Mahendra Prasad Agarwal v. Aravind Kumar Singh SLap 17141/2025 xlviii) Chandrappa Vs. State of Karnataka and Others – WP. No. 10973/2023 In the High Court of Karnataka at Bengaluru dated 03.04.2025 xlix) Nabisab V. The State of Karnataka & Ors. - WA No. 200160/2025 (S-REG) in the High Court of Karnataka at Bengaluru dated 30.01.2026 l) State of Karnataka Vs Somashekara & Ors. - WA No. 1072/2025 in the High Court of Karnataka at Bengaluru dated 20.02.2026 - 9 - HC-KAR NC: 2026:KHC:22557 WP No. 18706 of 2025 li) Saraswati Vs Rashmi Mahesh & ors. - CCC No. 200302 C/W WA No. 200331/2025 in the High Court of Karnataka at Kalburgi Bench dated 25.02.2026 lii) The State of Karnataka & Ors v. Smt. Lakshmi Devi - WP No. 37850/2025 (S-KSAT) in High Court of Karnataka at Bengaluru dated 11.03.2026 liii) State of Karnataka & Ors Vs Mahabaleshwar & ANR -SLP Diary No. 11476/2026 dated 08.04.2026 liv) Pawan Kumar and others Vs Union of India and others - 2026 SCC Online SC 200 lv) Mahendra Prasad Agarwal V. Aravind Kumar Singh & Ors. -2026 INSC 175 lvi) Abhishek Sharma Vs State of JK 2026 INSC 220 lvii) Smt. T. Meenakshi & Ors. Vs. State of Karnataka and Others – WP. No. 29102/2024 (S-RES) in High Court of Karnataka at Bengaluru dated 03.02.2026 lviii) Satish Mangesh Chandavar vs. The State of Karnataka and Others – WP. No. 104676/2023 (S-KAT) dated 27.03.2026 5.It is therefore submits that the impugned endorsement deserves to be set aside and the matter be remanded back to the 5th respondent for reconsideration afresh in accordance with law within a stipulated time frame. - 10 - HC-KAR NC: 2026:KHC:22557 WP No. 18706 of 2025 6. Per contra, learned counsel for respondent No.5 would reiterate the various contentions urged in the statement of objections and submits that there is no merit in the petition and that the same is liable to be dismissed. 7. A perusal of the impugned endorsement would clearly indicate that the same purport to reject the request of the petitioner for regularization only on the ground that the petitioner has not been appointed as against the sanctioned post, which is contrary to the judgments referred to above. 8. Under these circumstances, I deem it just and appropriate to set aside the impugned endorsement and remit the matter back to the concerned respondents -1 to 5, with a direction to reconsider the claim of the petitioner in accordance with law within a stipulated time frame. It is a matter of record and undisputed fact that the petitioner has attained the age of superannuation and the request for regularization would obviously be restricted to grant of retrial benefits in favour of the petitioner. 9. Accordingly, the following order : - 11 - HC-KAR NC: 2026:KHC:22557 WP No. 18706 of 2025 ORDER i) The Writ Petition is allowed. ii) The impugned endorsement dated 10.06.2025, issued by respondent No.5, vide Annexure-A, is hereby set aside and the matter is remitted to the concerned respondents-1 to 5 for reconsideration of claim of the petitioner for the purpose of grant of retrial benefits bearing in mind the judgments referred to supra, and in accordance with law, within a period of three months from the date of receipt of copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE BK List No.: 1 Sl No.: 24