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2026 DAILYLAW 44408 (KAR)

B.R. ANIL KUMAR v. STATE OF KARNATAKA

WP/30819/2026 · 2026-10-01

S Sunil Dutt Yadav

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010673062026 NC: 2026:KHC:54649 WP No. 30819 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 30819 OF 2026 (S-REG) BETWEEN: 1. B.R. ANIL KUMAR S/O RAJAPPA @ RAJEGOWDA, AGED ABOUT 47 YEARS, HELPER, TOWN MUNICIPAL COUNCIL, SAKALESHAPURA - 573 134, HASSAN DISTRICT. 2. S.K. MANJU, S/O KRISHNEGOWDA, AGED ABOUT 48 YEARS, WATER SUPPLY HELPER, TOWN MUNICIPAL COUNCIL, SAKALESHAPURA - 573 134, HASSAN DISTRICT. 3. REVANNA, S/O SHIVEGOWDA, AGED ABOUT 47 YEARS, WATER SUPPLY HELPER, TOWN MUNICIPAL COUNCIL, SAKALESHAPURA - 573 134, HASSAN DISTRICT. Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010673062026 NC: 2026:KHC:54649 WP No. 30819 of 2026 4. GIRISHA, S/O S.S. RUDREGOWDA, AGED ABOUT 52 YEARS, WATER SUPPLY HELPER, TOWN MUNICIPAL COUNCIL, SAKALESHAPURA - 573 134, HASSAN DISTRICT. 5. VIRUPAKSHA, S/O SIDDEGOWDA, AGED ABOUT 53 YEARS, WATER SUPPLY HELPER, TOWN MUNICIPAL COUNCIL, SAKALESHAPURA - 573 134, HASSAN DISTRICT. 6. NASIR KHAN, S/O NAZEER KHAN, AGED ABOUT 44 YEARS, WATER SUPPLY HELPER, TOWN MUNICIPAL COUNCIL, SAKALESHAPURA - 573 134, HASSAN DISTRICT. 7. D.E. BASAVARAJU S/O ERAIAH, AGED ABOUT 51 YEARS, WATER SUPPLY HELPER, TOWN MUNICIPAL COUNCIL, SAKALESHAPURA - 573 134, HASSAN DISTRICT. 8. S.E.RUDRESH, S/O EREGOWDA, - 3 - HC-KAR CNR: KAHC010673062026 NC: 2026:KHC:54649 WP No. 30819 of 2026 AGED ABOUT 50 YEARS, WATER SUPPLY HELPER, TOWN MUNICIPAL COUNCIL, SAKALESHAPURA-573 134. HASSAN DISTRICT. 9. M. UMESHA, S/O MARIGOWDA, AGED ABOUT 49 YEARS, WATER SUPPLY HELPER, TOWN MUNICIPAL COUNCIL, SAKALESHAPURA - 573 134, HASSAN DISTRICT. 10. B. PUTTARAJU, S/O BASAVARAJA SHETTY, AGED ABOUT 48 YEARS, ELECTRICAL LINEMAN, TOWN MUNICIPAL COUNCIL, SAKALESHAPURA - 573 134, HASSAN DISTRICT. 11. NAGAMANI, D/O REVANA SHETTY, AGED ABOUT 54 YEARS, ATTENDER, TOWN MUNICIPAL COUNCIL, SAKALESHAPURA - 573 134, HASSAN DISTRICT. 12. SRINIVASA M.P E PUTTA SHETTY, AGED ABOUT 53 YEARS, HELPER, - 4 - HC-KAR CNR: KAHC010673062026 NC: 2026:KHC:54649 WP No. 30819 of 2026 TOWN MUNICIPAL COUNCIL, SAKALESHAPURA 573 134, HASSAN DISTRICT. 13. RAM BAHADDUR, S/O JAI BAHADDUR, AGED ABOUT 55 YEARS, WATCHMAN, TOWN MUNICIPAL COUNCIL, SAKALESHAPURA 573 134, HASSAN DISTRICT. …PETITIONERS (BY SRI. MURALIDHAR K B., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT, URBAN DEVELOPMENT DEPARTMENT, 4TH FLOOR, VIKASA SOUDHA, BENGALURU-560 001. 2. THE DIRECTOR, MUNICIPAL ADMINISTRATION DEPARTMENT, 9TH FLOOR, VISHVESHWARAIAH TOWERS, BENGALURU 560 001. 3. THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN-573 201. …RESPONDENTS (BY SMT. ASHVINI PATIL, AGA) - 5 - HC-KAR CNR: KAHC010673062026 NC: 2026:KHC:54649 WP No. 30819 of 2026 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE PETITIONERS DATED 16.01.2026 (ANNEXURE - K) IN SO FAR AS THE PETITIONERS ARE CONCERNED FOR REGULARIZATION OF THEIR SERVICES WITH EFFECT FROM THE DATE OF COMPLETION OF 10 YEARS OF DAILY WAGE SERVICE, WITH ALL CONSEQUENTIAL SERVICE AND FINANCIAL BENEFITS AS DONE IN THE CASE OF SIMILARLY SITUATED 330 DAILY WAGE GROUP - D EMPLOYEES VIDE ORDER BEARING NO. JI.NA.KO/ SIBBANDI/BEM.NAGARA/ CR/ 80/ 2021-22 DATED 16.04.2022 PASSED BY THE DEPUTY COMMISSIONER, BENGALURU URBAN (ANNEXURE - D), AND AS DONE IN THE CASE OF DISTRICT SIMILARLY SITUATED 70 DAILY WAGE GROUP - C EMPLOYEES VIDE ORDER BEARING NO.25260 DMA 26 DWE/2018-19 DATED 20.05.2023 PASSED BY THE 2ND RESPONDENT (ANNEXURE - E) AND AS DONE VIDE GOVERNMENT ORDER BEARING DATED NO.NA.AA.E 33 BBM 2023 (E) 18.12.2023 PASSED BY THE 1ST RESPONDENT (ANNEXURE -F) AND AS DONE IN THE CASE OF SIMILARLY SITUATED 15 DAILY WAGE GROUP D EMPLOYEES VIDE ORDER BEARING NO. CHAA.JI.NA.KO/ SIBBANDI/ CR/426/2018-19 DATED 07.02.2024 PASSED BY THE DEPUTY COMMISSIONER, CHAMARAJANAGARA DISTRICT (ANNEXURE-G) ON THE GROUND OF PARITY AND BEARING IN MIND THE JUDGMENT OF THE HON'BLE SUPREME COURT RENDERED IN THE CASE OF SHRIPAL AND ANOTHER (ANNEXURE - H), AND THE JUDGMENT OF THIS HON'BLE COURT RENDERED IN W.P.NO.105364/2025 (S-RES) AND CC DATED 15/10/2025 IN THE CASE OF NAGESH AND OTHERS (ANNEXURE - J) IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV - 6 - HC-KAR CNR: KAHC010673062026 NC: 2026:KHC:54649 WP No. 30819 of 2026 ORAL ORDER Learned Additional Government Advocate accepts notice for respondents No.1 to 3. Office objections are permitted to be comply with. 2. The present petition has been filed seeking for a direction to the respondents to consider the representation of the petitioners dated 16.01.2026 for a regularization of their services with effect from the date of completion of 10 years of daily wage service and to extend all consequential service and financial benefits as has been done in the case of similarly situated 330 daily wage Group - D employees in terms of the order of the Deputy Commissioner at Annexure-D, as well as on parity pass orders taking note of orders passed as regards other daily wage employees in terms of Annexures-E, F and G. The representation of the petitioners is found at Annexure-K. The said representation is self-explanatory. - 7 - HC-KAR CNR: KAHC010673062026 NC: 2026:KHC:54649 WP No. 30819 of 2026 3. Learned counsel for the petitioners submits that the petitioners though appointed after 01.07.1984 are entitled for regularization, taking note of the observations of the Apex Court in the case of Shripal and Another vs. Nagar Nigam, Ghaziabad reported in 2025 SCC OnLine SC 221. It is further submitted that the date of 01.07.1984 need not be adhered to strictly as a cut-off date, in light of subsequent judicial pronouncements including that of the Apex Court. 4. It is specifically contended that the respondent has regularized services of similarly placed employees as evidenced by the orders at Annexures-D, E, F and G. Accordingly, it is submitted that even on the principle of parity, placing reliance on the judgment of the Apex Court in the case of Shripal and Another (supra), the petitioners' representation is to be considered and orders passed on the principle of parity. - 8 - HC-KAR CNR: KAHC010673062026 NC: 2026:KHC:54649 WP No. 30819 of 2026 5. Learned Additional Government Advocate submits that they would look into the records and pass appropriate orders. 6. In light of the limited prayer sought for, the representation at Annexure-K to be considered and appropriate orders to be passed within a period not later than two (2) months from the date of receipt of certified copy of this order. 7. It is often noticed that in many matters relating to regularization, the authorities pass mechanical orders still referring to non-availability of sanction post, cut-off date of 01.07.1984 and taking other such reasons. It must be noticed that the legal position as emanating from the orders of the Apex Court, needless to state, are binding by virtue of law laid down under Article 141 of the Constitution of India and the law laid down in the decisions including that of Shripal's case, copy of which is enclosed and referred to above, ought to be taken note of. - 9 - HC-KAR CNR: KAHC010673062026 NC: 2026:KHC:54649 WP No. 30819 of 2026 8. It is also necessary to notice that when the petitioners claim parity and specifically relies on orders passed regarding similarly placed employees at Annexure- D, E, F and G, the authorities concerned must apply their mind to such aspect as well, while passing the order. Accordingly, petition is disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE MCR List No.: 2 Sl No.: 13