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High Court of Karnataka · body

2026 DAILYLAW 37847 (KAR)

SRI SURESH NAIK, v. THE STATE OF KARNATAKA,

WP/20177/2026 · 2026-08-31

Ashok S Kinagi

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010443212026 NC: 2026:KHC:47163 WP No. 20177 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 20177 OF 2026 (S-RES) BETWEEN: 1. SRI SURESH NAIK, S/O. GANGA NAIK, AGED ABOUT 42 YEARS, WORKING AS ASSISTANT TEACHER (2011-TILL TODAY), B.B.M.P. HIGH SCHOOL, KODANDARAMAPURA, MALLESHWARAM, BENGALURU-560003, R/AT KASABA HOBLI, MAGADI TALUK, CHIKKATHOREPALYA, BACHENAHATTI, RAMANAGAR DISTRICT-562120. 2. SRI RAMANNA A., S/O. LATE ANDANAIAH, AGED ABOUT 44 YEARS, WORKING AS ASSISTANT TEACHER (2013-TILL TODAY), B.B.M.P. GIRLS HIGH SCHOOL, CLEVELAND TOWN, BENGALURU-560073, R/AT MATHIKERE, GUBBI TALUK, TUMAKURU-572213. 3. SMT. SHOBHA A W/O. SRI. MUNIKRISHNA, AGED ABOUT 43 YEARS, WORKING AS ASSISTANT TEACHER (2012-TILL TODAY), Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010443212026 NC: 2026:KHC:47163 WP No. 20177 of 2026 B.B.M.P. HIGH SCHOOL, BYRASANDRA, JAYANAGARA, BENGALURU-560011, R/AT MUNIKRISHNA C., ANAKANUR PATRENAHALLI, CHIKKABALLAPURA TALUK-562101. 4. SMT. SUJATHA S., W/O. SRI. CHINNAIAH T AGED ABOUT 41 YEARS, WORKING AS ASSISTANT TEACHER (2011-TILL TODAY), BYRASANDRA, JAYANAGAR, BENGALURU-560011, R/AT NO.13, NEW NO.8, K.S. POLYTECHNIC ROAD, CHENNAMMA LAYOUT, NEAR SSN SCHOOL, T.R.NAGAR, BENGALURU-560028. 5. SMT. SWATHI V., W/O. SRI. LOKESH BABU, AGED ABOUT 43 YEARS, WORKING AS ASSISTANT TEACHER (2014-TILL TODAY), B.B.M.P. HIGH SCHOOL, PILLANNA GARDEN, BENGALURU-560084, R/AT NO.1/25, MUNIYAPPA GARDEN, P.S.K. NAIDU ROAD, DODDIGUNTA COX TOWN, BENGALURU-560005. 6. SMT. RAJESHWARI, W/O. SRI. BASAVARAJU K.S., AGED ABOUT 43 YEARS, WORKING AS ASSISTANT TEACHER (2008-TILL TODAY), B.B.M.P. HIGH SCHOOL, BYRAVESHWARANAGAR, BENGALURU-560072, R/AT NO. 146, THAVAREKERE HOBLI, CHUNCHANAKUPPE, BENGALURU-562130. - 3 - HC-KAR CNR: KAHC010443212026 NC: 2026:KHC:47163 WP No. 20177 of 2026 7. SRI. MARUTHESHA, S/O. THIPPESWAMY, AGED ABOUT 46 YEARS, WORKING AS ASSISTANT TEACHER (2008-TILL TODAY), B.B.M.P. HIGH SCHOOL, MAGADI ROAD, BENGALURU-560023, R/AT 18/A, SUBRAMANYA NILAYA, 4TH CROSS, JANATHA COLONY, NAGARABHAVI CIRCLE, HOYSALA NAGARA, BENGALURU-560073. 8. SMT. SUDHARANI S.P., W/O. SRI. VIJAY, AGED ABOUT 40 YEARS, WORKING AS ASSISTANT TEACHER (2014-TILL TODAY), B.B.M.P. HIGH SCHOOL, KASTURIBA NAGAR, MYSORE ROAD, BENGALURU-560026, R/AT NO.87, SHYANBOGANAHALLI, KODAMBALLI POST, CHANNAPATNA TALUK, RAMANAGARA-562138. 9. SMT. GAYATHRI C., W/O. SRI. MAHANTESH B., AGED ABOUT 43 YEARS, WORKING AS ASSISTANT TEACHER (2015-TILL TODAY), B.B.M.P. HIGH SCHOOL, BYRAVESHWARANAGAR, BENGALURU-560072. 10. SMT. MAMATHA P., W/O. SRI. SIDDARAJU, AGED ABOUT 46 YEARS, WORKING AS ASSISTANT TEACHER (2014-TILL TODAY), B.B.M.P. HIGH SCHOOL, KASTURIBA NAGAR, BENGALURU-560026, R/AT NO.U64, 6TH MAIN ROAD, R.G.I. COLONY, BENGALURU-560021. - 4 - HC-KAR CNR: KAHC010443212026 NC: 2026:KHC:47163 WP No. 20177 of 2026 11. SMT. NIRMALA C.S., W/O. SRI. KALLAPPA S.B., AGED ABOUT 42 YEARS, WORKING AS ASSISTANT TEACHER (2016-TILL TODAY), B.B.M.P. HIGH SCHOOL, BYRAVESHWARANAGAR, BENGALURU-560072, R/AT 302/B, 5TH MAIN, 1ST STAGE, 2ND BLOCK, NAGARABHAVI KALYANA NAGAR, BENGALURU-560072. 12. SRI. MAHESH KUMAR M.B., S/O. SRI BYREGOWDA, AGED ABOUT 43 YEARS, WORKING AS LECTURER (2008-TILL TODAY), B.B.M.P. P.U. COLLEGE FOR GIRLS, DISPENSARY ROAD, SHIVAJINAGAR, BENGALURU-560021, R/AT NO.83, MALLURE MOTAGONDANAHALLI, RAMANAGARA-562127. 13. SRI. THIMMAIAH, S/O. SRI. RAMAIAH, AGED ABOUT 39 YEARS, WORKING AS ASSISTANT TEACHER (2013-TILL TODAY), B.B.M.P. HIGH SCHOOL, COTTON PETE, BENGALURU-560053, R/AT NO.14, R.BYADARAHALLY, KUNIGAL TALUK, TUMAKURU DISTRICT-572123. 14. SMT. LALITHA KUMARI S.N., W/O. SRI. NAGESH, AGED ABOUT 36 YEARS, WORKING AS ASSISTANT TEACHER (2011-TILL TODAY), B.B.M.P. HIGH SCHOOL, COTTON PETE, BENGALURU-560053, R/AT NO.306, 8TH B CROSS, 3RD BLOCK, NANDHINI LAYOUT, BENGALURU-560096. - 5 - HC-KAR CNR: KAHC010443212026 NC: 2026:KHC:47163 WP No. 20177 of 2026 15. SRI. SANJEEVARAJU M.A., S/O. SRI ANJINAPPA M.S., AGED ABOUT 42 YEARS, WORKING AS ASSISTANT TEACHER (2009-TILL TODAY), B.B.M.P. HIGH SCHOOL, MAGADI ROAD, BENGALURU-560023, R/AT MOTAGONDANAHA, SOLUR HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT-561127. 16. SMT. SAVITHA C., D/O. CHIKKANATHEGOWDA, AGED ABOUT 46 YEARS, WORKING AS ASSISTANT TEACHER (2009-TILL TODAY), B.B.M.P. HIGH SCHOOL, JOUGUPALYA, HALASURU, BENGALURU-560008, R/AT NO.171/2, CHIKKONAHALLI, MADDUR TALUK, KOPPA POST, MANDYA DISTRICT-571425. 17. SMT. LEELA M.G., W/O. NAGENDRAPPA, AGED ABOUT 45 YEARS, WORKING AS ASSISTANT TEACHER (2009-TILL TODAY), B.B.M.P. HIGH SCHOOL, JOUGUPALYA, HALASURU, BENGALURU-560008, R/AT NO.37, 2ND CROSS, CASHIER LAYOUT, NEAR INDIRA CONVENT, TAVAREKERE, DHARMARAM COLLEGE POST, BENGALURU-560029. 18. SRI. SRIDHARA, S/O. CHIKKAVENKATAIAH, AGED ABOUT 43 YEARS, WORKING AS ASSISTANT TEACHER (2008-TILL TODAY), B.B.M.P. HIGH SCHOOL, JOUGUPALYA, HALASURU, BENGALURU-5600008, R/AT NO.108/A, UJIANAHALLI, SINGARAJIPURA, CHANNAPATNA TALUK, RAMANAGARA DISTRICT-562138 - 6 - HC-KAR CNR: KAHC010443212026 NC: 2026:KHC:47163 WP No. 20177 of 2026 19. SMT. THRIVENI BAI H.S., W/O. RAMAPPA CHAVAN, AGED ABOUT 46 YEARS, WORKING AS ASSISTANT TEACHER (2017-TILL TODAY), B.B.M.P. HIGH SCHOOL, PADARAYANAPURA, J.J.R.NAGAR, BENGALURU-560026. R/AT NO.259/2E, 1ST CROSS, 2ND MAIN, BYRAPPA BLOCK, THYAGARAJANAGAR, BENGALURU-560070. 20. SRI. RAGHAVENDRA, S/O. RAMACHANDRAPPA, AGED ABOUT 44 YEARS, WORKING AS ASSISTANT TEACHER (2008-TILL TODAY), B.B.M.P. HIGH SCHOOL, BYRAVESHWARANAGAR, BENGALURU-560072. R/AT NEAR GOVT. JUNIOR COLLEGE, RANGAMPET, YADGIR-585220 21. SMT. SHOBHA R., D/O. RANGANATHAN, AGED ABOUT 42 YEARS, WORKING AS ASSISTANT TEACHER (2015-TILL TODAY), B.B.M.P. HIGH SCHOOL, PADARAYANAPURA, BENGALURU-560026. R/AT 22, 15TH CROSS, BABASAHEB COLONY, H.A.L. 2ND STAGE, BENGALURU-560008. 22. SRI. VIJAYA KUMAR N., S/O. D. NARASHIMAIAH, AGED ABOUT 44 YEARS, WORKING AS ASSISTANT TEACHER (2009-TILL TODAY), B.B.M.P. HIGH SCHOOL, KASTURIBANAGAR, BENGALURU-560026. R/AT LALAGHATTA, CHANNAPATNA TALUK, RAMANAGARA DISTRICT-562160. 23. SMT. ANITHA KUMARI, W/O. SRINIVASA, - 7 - HC-KAR CNR: KAHC010443212026 NC: 2026:KHC:47163 WP No. 20177 of 2026 AGED ABOUT 42 YEARS, WORKING AS ASSISTANT TEACHER (2017-TILL TODAY), B.B.M.P. HIGH SCHOOL, PADARAYANAPURA, BENGALURU-560026. R/AT NANJUNDESHWARA FLOUR MILL, SANGAMA MAIN ROAD, KURUPETE, KANAKAPURA TALUK, RAMANAGARA DISTRICT-562117 …PETITIONERS (BY SRI. N R NAIK., ADVOCATE (VC)) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU - 560001. 2. THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, BENGALURU - 560001. 3. BRUHATH BENGALURU MAHANAGARA PALIKE, REP. BY ITS COMMISSIONER, N R SQUARE, BENGALURU - 560002 4. THE SPECIAL COMMISSIONER (EDUCATION) BRUHATH BENGALURU MAHANAGARA PALIKE N.R. SQUARE, BENGALURU - 560010. 5. THE CHIEF COMMISSIONER, GREATER BENGALURU AUTHORITY, HUDSON CIRCLE, BENGALURU 560002. 6. THE COMMISSIONER, BENGALURU CENTRAL CITY CORPORATION, HUDSON CIRCLE, BENGALURU - 560002. - 8 - HC-KAR CNR: KAHC010443212026 NC: 2026:KHC:47163 WP No. 20177 of 2026 7. THE COMMISSIONER, BENGALURU EAST CITY CORPORATION, WHITEFIELD, MAHADEVAPURA - 560048. 8. THE COMMISSIONER, BENGALURU WEST CITY CORPORATION, RAJARAJESHWARI NAGAR, BBMP COMPLEX, 9TH MAIN, 9TH CROSS, 2ND BLOCK, BENGALURU 560011. 9. THE COMMISSIONER, BENGALURU SOUTH CITY CORPORATION, R.V. ROAD, SOUTH END CIRCLE, 1ST BLOCK, BENGALURU - 560041. 10. THE COMMISSIONER, BENGALURU NORTH CITY CORPORATION, AMRUTHAHALLI MAIN ROAD, BELLARI ROAD, BENGALURU - 560092. …RESPONDENTS (BY SRI. G RAMESH NAIK, AGA FOR R1 & R2 SMT/MISS M R SINCHANA, ADVOCATE FOR R3 TO R10 (VK NOT FILED) SRI. M A SUBRAMANI, ADVOCATE FOR R3 TO R10) THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GOVERNMENT ORDER DATED 07.09.2017 NO. NAE 33 MNG 2017 PASSED BY THE 2ND RESPONDENT WHICH HAS BEEN PRODUCED AND MARKED ANNEXURE-B, IN THE INTEREST OF JUSTICE AND EQUITY. B) ISSUE A WRIT OF MANDAMUS DIRECTING THE CORPORATION TO REGULARIZE THE SERVICES OF THE PETITIONERS ON COMPLETION OF 10 - 9 - HC-KAR CNR: KAHC010443212026 NC: 2026:KHC:47163 WP No. 20177 of 2026 YEARS OF SERVICE IN VIEW OF THE ORDER DATED 06.04.2026 PASSED IN WP NO. 8346/2018 IN RAGHAVENDRA CASE (ANNEXURE-D) C) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO PAY EQUAL PAY FOR EQUAL WORK AS PER THE DECISION OF THE HON'BLE COURT APEX COURT IN AIR 2016 SC 5176 IN TERM OF ARTICLE 39D OF THE CONSTITUTION OF INDIA. D) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NOT TO DISCRIMINATE IN THE MATTER OF ABSORPTION AND PAYMENT OF SALARY AS IT VIOLATES ARTICLE 14, 16, AND 21 OF CONSTITUTION OF INDIA. E) ISSUE A WRIT OF MANDAMUS TO THE RESPONDENT NO.3 AND THE GOVERNMENT (R 1 AND 2) TO CONSIDER THE CASES OF THE PETITIONERS ON COMPLETION OF 10 YEARS OF SERVICE IN EXTENDING THE SECURITY OF TENURE AND FURTHER THE CASE OF THE PETITIONERS SHOULD ALSO BE CONSIDERED ON COMPLETION OF 3 YEARS FROM QUASI-PERMANENT TO PERMANENT POSTS IN TERMS OF THE RULE 40-A AND 40-B KCSR RULES AND ALSO IN TERMS OF 5 OF THE KARNATAKA TEMPORARY SERVICE RULES OF 1967 AS AMENDED. 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 - 10 - HC-KAR CNR: KAHC010443212026 NC: 2026:KHC:47163 WP No. 20177 of 2026 ORAL ORDER Learned counsel for the petitioners seeks leave of the Court to withdraw the writ petition with a liberty to submit representations to the respondents seeking for regularisation of the petitioners’ services in terms of the judgments rendered by the Hon’ble Apex Court in the cases of Jaggo Vs. Union of India and Others1, Dharam Singh and Others Vs. State of U.P. and Another2, Shripal and Another Vs. Nagar Nigam, Ghaziabad3 and Sukhendu Bhattacharjee and Others Vs. State of Assam and Others4. 2. Leave granted. 3. Accordingly, I proceed to pass the following: ORDER i. The writ petition is dismissed as withdrawn; 1 2024 SCC OnLine SC 3826 2 2025 SCC OnLine SC 1735 3 2025 SCC OnLine SC 221 4 2026 SCC OnLine SC 909 - 11 - HC-KAR CNR: KAHC010443212026 NC: 2026:KHC:47163 WP No. 20177 of 2026 ii. A liberty is reserved in favour of the petitioners to submit representations to the respondents for regularisation of their services; iii. If such representations are made, the respondents are directed to consider the same and pass appropriate orders in accordance with law; iv. The said exercise shall be accomplished within eight weeks from the date of receipt of the representations; v. Pending IA(s), if any, shall stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE PA List No.: 1 Sl No.: 41