- 1 - HC-KAR CNR: KAHC010204002024 NC: 2026:KHC:46217-DB WA No. 528 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN WRIT APPEAL NO. 528 OF 2024 (S-RES) BETWEEN: 1. SMT ANNAMMA W/O PAPANNA AGED ABOUT 54 YEARS R/AT NO.92, MARKET ROAD CHANNAPPA KALYANI, NELAMANGALA, BENGALURU RURAL DISTRICT BENGALURU-562123 2. SRI LAKSHMINARAYANA S/O VENKATARAMANAPPA AGED ABOUT 58 YEARS R/AT NO.6564, GANSH RAO LAYOUT NEAR SIDDALINGESHWARA SCHOOL SUBASHNAGAR, NELAMANGALA BENGALURU RURAL DISTRICT BENGALURU-562123 2(a) SRI HARSHA K L S/O LATE LAKSHMINARAYANA AGED ABOUT 23 YEARS, 2(b) SMT RENUKAMMA W/O LATE LAKSHMINARAYANA AGED ABOUT 50 YEARS, BOTH ARE R/AT MUNICIPAL QUARTERS ROAD, Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010204002024 NC: 2026:KHC:46217-DB WA No. 528 of 2024 SUBHASH NAGAR, NELAMANGALA, VTC - NELAMANGALA, PO - NELAMANGALA, DISTRICT BANGALORE RURAL, KARNATAKA - 562123. 2(c) SMT PRATHIBHA L D/O LATE LAKSHMINARAYANA W/O NARAYANA B.N AGED 27 YEARS, R/AT NO.194, 1ST CROSS, NEAR BYALALU PO - CHUNCHANAKUPPE, BANGALORE, KARNATAKA - 562130. 3. SRI RANGAPPA S/O KULLAYAPPA AGED ABOUT 49 YEARS, R/AT MARKET ROAD NEAR CHANNAPPA KALYANI NELAMANGALA BENGALURU RURAL DISTRICT BENGALURU-562123 4. SRI GANGADHARA S/O NARAYANAPPA AGED ABOUT 42 YEARS, R/AT CHANNAPPANNA KALYANI NELAMANGALA BENGALURU RURAL DISTRICT BENGALURU-562123 5. SRI CHANDRA S/O GANGAIAH AGED ABOUT 43 YEARS R/AT CHANAPPA KALAYANI JAYADEVA HOSTAL ROAD NELAMANGALA - 3 - HC-KAR CNR: KAHC010204002024 NC: 2026:KHC:46217-DB WA No. 528 of 2024 BENGALURU RURAL DISTRICT BENGALURU-562123 6. SRI RAJA S/O KULLAYAPPA AGED ABOUT 43 YEARS, R/AT NO.10, MUNICIPAL QUARTERS SUBHASH NAGRA NELAMANGALA BENGALURU RURAL DISTRICT BENGALURU-562123 6(a) SRI CHANDAMAMA YASHWANT KUMAR S/O LATE RAJA AGED ABOUT 23 YEARS, R/AT 5-2-283, CHINA RANGAPURAM, PULLVEDIA, CUDDAPAH, ANDHRA PRADESH - 516390 6(b) SHANTHAKUMARI W/O LATE RAJA AGED ABOUT 38 YEARS, 6(c) SRI SAI KIRAN.R S/O LATE RAJA AGED ABOUT 18 YEARS, R/AT NO.56-1-42, INDIRANAGAR, SONDEKOPPE ROAD, NELAMANGALA, NELAMANGALA, BENGALORE RURAL, KARNATAKA - 562123. 7. SMT MANGALA W/O ERAPPA AGED ABOUT 49 YEARS R/AT NO.1153, CHANNAPPA KALYANI NELAMANGALA BENGALURU RURAL DISTRICT - 4 - HC-KAR CNR: KAHC010204002024 NC: 2026:KHC:46217-DB WA No. 528 of 2024 BENGALURU-562123 7(a) SRI ERAPPA HUSBAND OF LATE MANGALA S/O NAGAPPA AGED ABOUT 54 YEARS, 7(b) GANGADHARA N E S/O LATE MANGALA AGED ABOUT 27 YEARS, 7(c) SRI DHANUSH E S/O LATE MANGALA AGED ABOUT 24 YEARS, ALL ARE R/AT NO.3329, MARKET ROAD, CHANNAPPA KALYANI, NELAMANGALA, NELAMANGALA, BANGALORE RURAL, KARNATAKA - 562123. 8. SRI PATHAPPA S/O LINGANNA AGED ABOUT 49 YEARS R/AT NO.3326 CHANNAPPA KALYANI MARKET ROAD NELAMANGALA BENGALURU RURAL DISTRICT BENGALURU-562123 9. SRI NAGARJUNA S/O GANGANNA AGED ABOUT 53 YEARS R/AT N O.3294 JAYADEVA HOSTEL ROAD MARKET ROAD NEAR CHANNAPPA KALYANI NELAMANGALA - 5 - HC-KAR CNR: KAHC010204002024 NC: 2026:KHC:46217-DB WA No. 528 of 2024 BENGALURU RURAL DISTRICT BENGALURU-562123 10. SRI RAMAIAH S/O ANKAIAH AGED ABOUT 51 YEARS R/AT NO.4881 SONDEKOPPA ROAD EAST SIDE NELAMANGALA BENGALURU RURAL DISTRICT BENGALURU-562123 11. SRI S SURESH S/O SOMALINGAIAH AGED ABOUT 51 YEARS R/AT NO.475 POLICE QUARTERS BEHIND TALUK OFFICE NELAMANGALA BENGALURU RURAL DISTRICT BENGALURU-562123 …APPELLANTS (BY SRI. RAGHAVENDRA G GAYATRI., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA DR B R AMBEDKAR VEEDHI BENGALURU-560001 2. THE DEPUTY COMMISSIONER AND THE PRESIDENT SELECTION AND DIRECT RECRUITMENT AUTHORITY DEPUTY COMMISSIONERS OFFICE BENGALURU RURAL DISTRICT PODIUM BLOCK - 6 - HC-KAR CNR: KAHC010204002024 NC: 2026:KHC:46217-DB WA No. 528 of 2024 DR AMBEDKAR ROAD BENGALURU-560001 3. THE DIRECTOR DIRECTORATE OF MUNICIPAL ADMINISTRATION V V TOWER DR B R AMBEDKAR VEEDHI BENGALURU-560001 4. NELAMANGALA TOWN MUNICIPAL COUNCIL REPRESENTED BY ITS CHIEF OFFICER B H ROAD NELAMANGALA BENGALURU RURAL DISTRICT BENGALURU-562123 5. SRI GOVINDARAJU, S/O ANNAYYAPPA, AGED ABOUT 54 YEARS, RESIDING AT NEAR MARAMMA TEMPLE, KOTEBEEDI, NELAMANGALA, BENGALURU RURAL DISTRICT BENGALURU - 562123 6. SRI LAKSHMINARAYANA, S/O NAGAPPA, AGED ABOUT 56 YEARS, RESIDING AT NO.3293 CHANNAPPA KALYANI, MARKET ROAD, NELAMANGALA, BENGALURU RURAL DISTRICT BENGALURU - 562123. 7. SRI KOTESHWARA S/O LINGAIAH, AGED ABOUT 53 YEARS, RESIDING AT NO. 4881 PARAMANNA LAYOUT, NELAMANGALA - 7 - HC-KAR CNR: KAHC010204002024 NC: 2026:KHC:46217-DB WA No. 528 of 2024 BENGALURU RURAL DISTRICT BENGALURU - 562123. …RESPONDENTS (BY SRI. N.BYRE GOWDA, AGA FOR R1 TO R3; SRI. KALYAN.R, FOR R4, VIDE ORDER DATED:20.11.2024; R5 TO R7 NOTICE DISPENSED WITH VIDE ORDER DATED:20.11.2024) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 05/06/2023 PASSED IN WP NO.11704/2022 AND THE ORDER DATED 05/12/2023 PASSED IN THE REVIEW PETITION NO.327/2023 BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) Heard Mr. Raghavendra G. Gayatri, learned counsel for the appellant and Sri R. Kalyan, learned counsel for respondent No.4-Nelamangala Town Municipal Council and Mr. N. Byregowda, learned AGA for respondent Nos.1 to 3. 2. The present intra Court appeal has been directed against the judgment and order dated 05.06.2023 passed by the writ Court in W.P.No.11704/2022 (S-RES), instituted by the - 8 - HC-KAR CNR: KAHC010204002024 NC: 2026:KHC:46217-DB WA No. 528 of 2024 appellants herein, and three other persons who are not parties before this Court. 3. The parties are referred to as per their ranking before the writ Court for the sake of convenience. 4. The appellants 11 in number are the employees of 4th respondent, who have been working in the 4th respondent for the last 25 to 30 years and performing the duties of Paura Karmikas/Drivers/Loaders/Helpers. 5. Earlier respondent No.4 was Nelamangala Mandal Panchayat, which was later on converted to Town Panchayat and now it is named as Nelamangala City Municipal Council. 6. The petitioners earlier filed writ petition in W.P.No.51615/2018 seeking a writ of mandamus commanding the respondent-authorities to consider their representations dated 26.03.2018 for regularizing them in the services of Nelamangala City Municipal Council. The writ Court vide judgment and order dated 09.08.2021, disposed of the said writ petition with a direction to consider the representations of the petitioners and pass appropriate orders keeping in mind the - 9 - HC-KAR CNR: KAHC010204002024 NC: 2026:KHC:46217-DB WA No. 528 of 2024 dictum of the Supreme Court judgment in SECRETARY, STATE OF KARNATAKA AND OTHERS Vs. UMADEVI AND OTHERS (AIR 2006 SC 1806) and STATE OF KARNATAKA AND OTHERS VS. M.L.KESARI AND OTHERS ((2010) 9 SCC 247). 7. The said representations were considered in pursuance to the direction issued by the writ Court and vide endorsement dated 06.06.2022 issued by the respondent No.2-the Deputy Commissioner and the President, Selection and Direct Recruitment Authority rejected the request of the petitioners for regularizing their services in the Nelamangala City Municipal Council. 8. The petitioners aggrieved by the said endorsement dated 06.06.2022 filed the second writ petition in W.P.No.11704/2022. The writ Court vide impugned judgment and order dated 05.06.2023 dismissed the said writ petition on the ground that the petitioners were not appointed against the vacant/sanctioned posts and therefore, as they did not satisfy the requirement as laid down in the case of Umadevi Supra and they are not entitled for absorption. - 10 - HC-KAR CNR: KAHC010204002024 NC: 2026:KHC:46217-DB WA No. 528 of 2024 9. On 16.07.2026, we directed the Director of respondent No.2 to file his affidavit about the vacancy position in respect of the post against, which the petitioners are seeking realization. 10. In compliance of the said order dated 16.07.2026, the affidavit of the Commissioner, Nelamangala City Municipal Council dated 27.08.2026 has been filed today. The said affidavit would disclose that there are 162 sanctioned Group D posts, out of which only 57 are working and 105 posts are vacant. 11. It is not in dispute that the petitioners have been working with the respondent No.4- Nelamangala City Municipal Council and earlier to it - the Town Panchayat for about 25 to 30 years continuously. There are vacant posts inasmuch as the affidavit of the Commissioner itself discloses that there are 105 vacant posts. The appellants are only 11 in number. Therefore, the impugned judgment of the learned Single Judge that the petitioners were not appointed against the sanctioned posts does not appear to be correct and that finding is against the factual position as enumerated in the affidavit dated 27.08.2026 filed by the Commissioner. - 11 - HC-KAR CNR: KAHC010204002024 NC: 2026:KHC:46217-DB WA No. 528 of 2024 12. There are as many as 105 'Group D' vacant posts available in the respondent No.4-Council. The appellants have been working for more than 25 to 30 years continuously without any break. 13. Accordingly we pass the following :- ORDER a. The present appeal stands allowed. b. The impugned judgment and order dated 05.06.2023 passed by the writ Court in W.P.No.11704/2022 (S-RES) as well as the order dated 05.12.2023 passed in R.P.No.327/2023 are set aside. c. We are of the view, that when there is requirement of permanent employees and there are vacant posts, considering the long services rendered by the appellants, we direct the respondent No.4 to regularize the appellants' services within period of one month from today and make regular payment of salary on the posts against which their services are regularized w.e.f. 01.09.2026. - 12 - HC-KAR CNR: KAHC010204002024 NC: 2026:KHC:46217-DB WA No. 528 of 2024 d. Insofar as the retiral benefits is concerned, the appellants' services shall be counted w.e.f. 2018, inasmuch as the appellants came before this Court for the first time in 2018. e. As far as the remaining vacancies are concerned, the regular appointments should be made in accordance with the relevant Service Rules. SD/- (D K SINGH) JUDGE SD/- (H.SHANTHI BHUSHAN) JUDGE NG CT:SN List No.: 1 Sl No.: 28