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2026 DAILYLAW 50741 (KAR)

SRI SHIVAKUMAR M B v. THE STATE OF KARNATAKA

WP/28532/2023 · 2026-01-28

H T Narendra Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:4503 WP No. 28532 of 2023 C/W WP No. 26670 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 28532 OF 2023 (S-RES) C/W WRIT PETITION NO. 26670 OF 2023 (S-RES) IN WP NO. 28532/2023 BETWEEN: 1. SRI SHIVAKUMAR M B S/O BASAPPA M AGED ABOUT 41 YEARS R/AT THANIGERE CHANNAGIRI DAVANAGERE, KARNATAKA 577552. 2. NETHRAVATHI N D/O NANJAIAH M AGED ABOUT 40 YEARS R/AT 88, 3RD CROSS SUVARNAVATHI NEW STREET MAMBALLI YELANDUR CHAMARAJANAGAR, KARNATAKA-571442. 3. SRI CHIKKANINGAIAH N S/O NINGAIAH AGED ABOUT 41 YEARS R/AT 148, BUDITHITTU YELANDURU MADDUR YELANDUR CHAMRAJANAGAR, KARNATAKA-571441. 4. KOLLAMMA M D/O MALLAPPA AGED ABOUT 35 YEARS R/AT C/O JANARDHANA M NO 44, K R PURA, KASABA HOBLI Digitally signed by MALATHI CHALUVA IYENGAR Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4503 WP No. 28532 of 2023 C/W WP No. 26670 of 2023 HIRIYUR TALUK ALUR CHITRADURGA, KARNATAKA-577598. 5. SMT NAGAVENAMMA M T W/O KRISHNAMURTHY B M D/O MANJAPPA AGED ABOUT 51 YEARS R/AT NO 14, BOWRING HOSPITAL COMPOUND SHIVAJINGARA, BANGALORE-560001. 6. SUDHA S D/O SHEKAR C AGED ABOUT 35 YEARS R/AT NO 89, 1ST CROSS NEAR SUBRAMANYA TEMPLE SIDDARTHA NAGAR, CHICKPET BENGALURU-560053. 7. KAVITHA G D/O GANGAIAH S M AGED ABOUT 37 YEARS R/AT NO 1141, KAMALANAGAR NEAR SHANKAR NAG BUS STOP BASAVESHWARA NAGAR BANGALORE-560079. 8. SMT SUMA N D/O NARAYANA D W/O ANANTH KUMAR A S AGED ABOUT 32 YEARS R/AT CHANNAPATNA TALUK AVVERAHALLI RAMANAGARA KARNATAKA-562160. 9. NAGAMMA P D/O PALAIAH AGED ABOUT 35 YEARS R/AT C/O J B BHEMA NAYAKA KONAPURA VILLAGE DEVASAMUDRA HOBLI MOLAKALMURU TALUK, MURUDI CHITRADURGA, KARNATAKA-577540. - 3 - HC-KAR NC: 2026:KHC:4503 WP No. 28532 of 2023 C/W WP No. 26670 of 2023 10. SMT JYOTHI J H D/O HANUMANTHAPPA W/O RAMANNA N L AGED ABOUT 39 YEARS R/AT KALUVEHALLI YADALAGHATTA CHALLAKERE CHITRADURGA KARNATAKA 577522. 11. PREMALATHA D W/O DEVARAJA H C D/O DASEGOWDA B AGED ABOUT 36 YEARS R/AT HINDUMARANAHALLI DABBEGHATTA TUMKUR KARNTAKA-572227. 12. SUNITHA B L D/O LATE LINGADEVARU AGED ABOUT 35 YEARS R/AT NO 114, YALLENHALLI BARAGURU POST, CHIKKNAYAKANA HALLI TUMKUR, KARNATAKA-572119. 13. SMT SHARADHA BAI B L W/O RAVI NAYAK AGED ABOUT 36 YEARS R/AT NO 7 BHUVENNALATHANDA BAGEPALLI CHIKKABALLAPURA KARNATAKA-561207. 14. SOWMYA B D/O BHADRAIAH AGED ABOUT 33 YEARS R/AT NO 17, DALITARA BIDI P G PALYA KOLLEGAL CHAMARAJANAGAR, KARNTAKA-571457. 15. MUBINABI D/O SHSHANA BASHA AGED ABOUT 46 YEARS R/AT 2ND BLOCK PARASURAMAPURA, CHITRADURGA KARNTAKA-577538. - 4 - HC-KAR NC: 2026:KHC:4503 WP No. 28532 of 2023 C/W WP No. 26670 of 2023 16. RUPA D/O CHANNABASAVAIAH AGED ABOUT 37 YEARS R/AT SARAGUR CHAMRAJANAGAR KARNATAKA-571117. 17. SMT LEELAVATHI H W/O C MAHESH AGED ABOUT 44 YEARS R/AT NO 159/2, 1ST MAIN D CROSS NEW GUDDAHALLI VTC BANGALORE SOUTH PO: GOVERNMENT ELECTRIC FACTORY BANGALORE-560026. 18. SMT GEETHA R W/O BASAVARAJU K V AGED ABOUT 45 YEARS R/AT CHIKKAMMA TEMPLE ROAD HERIMAGALORE VILLAGE JYOTHI NAGAR POST CHIKKAMAGALURU KARNATAKA-577101. 19. SMT USHA R W/O MANJUNAATHHA S H AGED ABOUT 34 YEARS R/AT NO 2, SHANTHEGOWDANAPALYA NEAR GANESHA TEMPLE, SOMAPURA HEGGUNDA, BANGALORE RURAL-562111. 20. SRI PANDURANGA S/O APPANNA AGED ABOUT 36 YEARS R/AT 139/2, 11TH CROSS NEAR KRISHNA TEMPLE, KAVERI NAGAR MAHADEVAPURA, BANGALORE-560048. 21. JYOTHI LAKSHMI M R D/O MUNIRAJU C/O KRISHNA S NO 4, SMK NILAYA, 1ST CROSS - 5 - HC-KAR NC: 2026:KHC:4503 WP No. 28532 of 2023 C/W WP No. 26670 of 2023 11TH MAIN, VRUSHABHAVATHI NAGARA KAMAKSHIPALYA BANGALORE 560079. …PETITIONERS (BY SRI. RAMACHANDRA HALINATHOTA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS PRL SECRETARY DEPT OF HEALTH AND FAMILY WELFARE (MEDICAL EDUCATION), M S BUILDING 6TH FLOOR, AMBEDKAR VEEDHI BENGALURU 560001. 2. BENGALURU MEDICAL COLLEGE AND RESEARCH INSTITUTE AN AUTHORIZED INSTITUTION OF GOVT OF KARNATAKA, K R ROAD FORT BENGALURU-560002. REP BY ITS DIRECTOR AND DEAN …RESPONDENTS (BY SRI. G RAMESH NAIK, AGA FOR R1: SRI MOHAMMED AYUB ALI., ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO ABSORB THE PETITIONERS AS DIRECTED BY THE HONBLE SINGLE JUDGE IN W.P.NOS.3405-3431/2015 (S- RES) AND OTHER CONNECTED PETITIONS DATED: 25.02.2019 AND WP NO.22621/2021 DATED: 29.09.2022 VIDE ANNEXURES- AG AND AH AND ETC. IN WP NO. 26670/2023 BETWEEN: 1. SMT. PUSHPALATHA G W/O VIJAY KUMAR D AGED ABOUT 42 YEARS R/AT NO. 248, 2ND MAIN 2ND CROSS - 6 - HC-KAR NC: 2026:KHC:4503 WP No. 28532 of 2023 C/W WP No. 26670 of 2023 NEW BINNY LAYOUT, MAGADI ROAD BENGLURU-560023. 2. SMT REKHA A G W/O SHEKHARAPPA K M AGED ABOUT 38 YEARS R/AT NO. 17/1, KALIKA DEVI NILAYA NAYANDALLI, BENGALURU-560079. 3. SMT AMBIKA N B W/O B SRIDHAR D/O LATE BASAPPA N P AGED ABOUT 48 YEARS R/AT NO. 3350, 5TH CROSS C BLOCK GAYATHRINAGAR, SRIRAMPURAM BENGALURU-560021. 4. SMT LILLY PUSHPA MERY S D/O SAVARIYAPPAN W/O MANJUNATH B AGED ABOUT 38 YEARS R/AT NO. 188/6, 10TH CROSS 1ST MAIN ROAD, BAPUJINAGAR BENGALURU-560026. 5. SRI RAMAIAH C S/O CHIKKAVENKATAIAH AGED ABOUT 38 YEARS R/AT NO. 10/3, 3RD FLOOR 1ST MAIN ROAD, 10TH CROSS KANIYUR COLONY BENGALURU-560018. 6. SMT VASANTHAKUMARI P.K W/O RANGANATH D AGED ABOUT 37 YEARS R/AT NO. 43/1, 11TH CROSS 1ST N BLOCK RAJAJINAGAR BENGALURU-560010. 7. SMT PADMA V W/O SRINIVAS T.D - 7 - HC-KAR NC: 2026:KHC:4503 WP No. 28532 of 2023 C/W WP No. 26670 of 2023 AGED ABOUT 35 YEARS R/AT NO. 154, MAGADI TALUK TOOBINAKERE, SATHANUR, MAGADI RAMANAGAR DISTRICT-562120. 8. SMT MAHADEVAMMA C D/O CHIKKAMAHADEVA AGED ABOUT 37 YEARS R/AT NO.13 AMBEDKAR BEEDHI,KELLAMBALLI CHAMARAJNAGAR DISTRICT-571313. 9. SMT PRABHA N W/O SURESH C AGED ABOUT 36 YEARS R/AT NO. 236, K NO. 96/2 2ND CROSS, 8TH MAIN BEHIND ANJANEYA TEMPLE MUNESHWARA LAYOUT HOGASANDRA, BENGALURU-560068. 10. SMT SHILPA R D/O RAJANNA AGED ABOUT 41 YEARS R/AT MATADA KURUBARA HATTI CHITRADURGA-577502. 11. LATHA K W/O MALLIKARJUNA G.S AGED ABOUT 39 YEARS R/AT GOWNAHALLI CHITRADURGA DISTRICT CHITRADURGA-577599. 12. SMT RANGAMMA N W/O RAVIKUMAR S AGED ABOUT 37 YEARS R/AT NO.5 HOLERAHALLI RAMAPURA, DODDABALLAPUR TALUK DODDABELAVANGALA BENGALURU RURAL DISTRICT-561204. 13. SMT PANKAJA K H W/O SOMASHEKAR K.C - 8 - HC-KAR NC: 2026:KHC:4503 WP No. 28532 of 2023 C/W WP No. 26670 of 2023 AGED ABOUT 39 YEARS R/AT NO. 37, 7TH CROSS 4TH MAIN, MAGADI ROAD AGRAHARA DASARAHALLI BENGALURU NORTH-560079. 14. SMT DUGGAMMA S.D W/O VIJAYKUMAR AGED ABOUT 34 YEARS R/AT NO.1, MYAKALURHALLI HIRIYUR TALUK, CHITRADURGA-577599. 15. SMT RATHNA B.H W/O PREMANANDA K.R AGED ABOUT 42 YEARS R/AT NO. 139, SATHVIK NIWAS 1ST CROSS, 1ST MAIN KARNATAKA CERAMIC ROAD DR. LAYOUT, VTC NAGANATHAPURA ELECTRONIC CITY, BENGALURU-560100. 16. SMT MAMATHA N W/O GOWRISHA S.R AGED ABOUT 34 YEARS R/AT NO 186, SARAVADANAHALLI KODIGENAHALLI HOBLI MADUGIRI TALUK, TUMKUR-572127. 17. SMT GAYATHRIDEVI C N D/O C.K. NAGAIAH AGED ABOUT 37 YEARS R/AT CHOWDAHALLI VILLAGE HUNCHIPURA, GUNDLUPET TALUK CHAMARAJNAGAR-571111. 18. SMT POORNIMA C U W/O JAGADISH T S AGED ABOUT 35 YEARS R/AT ARALIKATTI ILAMANGALA CHITRADURGA-577558. 19. SMT JAYAPRIYA N W/O VENKATESHA MURTHY - 9 - HC-KAR NC: 2026:KHC:4503 WP No. 28532 of 2023 C/W WP No. 26670 of 2023 AGED ABOUT 44 YEARS R/AT NO. 163/5, 5TH CROSS 15TH MAIN, VENKATASWAMY GARDEN JJR NAGAR, BENGALURU-560026. 20. SMT SUSHEELA D/O SHIVAIAH AGED ABOUT 40 YEARS R/AT KALLAHALLI VILLAGE, KASTHUR POST CHAMRAJNAGAR (T) AND (D)-571313. ...PETITIONERS (BY SRI. RAMACHANDRA HALINATHOTA.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRL. SECRETARY DEPT OF HEALTH AND FAMILY WELFARE (MEDICAL EDUCATION), M.S BUILDING 6TH FLOOR, AMBEKDAR VEEDHI BENGALURU-560001. 2. BENGALURU MEDICAL COLLEGE AND RESEARCH INSTITUTE (AN AUTHORIZED INSTITUTE OF GOVT OF KARNATAKA) K.R. ROAD FORT BENGALURU-560002 REP BY ITS DIRECTOR AND DEAN. ...RESPONDENTS (BY SRI. G RAMESH NAIK, AGA FOR R1: SRI. MOHAMMED AYUB ALI, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO ABSORB THE PETITIONERS AS DIRECTED BY HON’BLE SINGLE JUDGE IN W.P. NOS. 3405-3431/2015 (S-RES) AND OTHER CONNECTED PETITIONS DATED 25/02/2019 AND W.P. NO. 22621/2021 DATED 29/09/2022 VIDE ANNEXURE- AB AND AC AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 10 - HC-KAR NC: 2026:KHC:4503 WP No. 28532 of 2023 C/W WP No. 26670 of 2023 CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In W.P.No.28532/2023, the petitioners have sought for the following reliefs: “i) Issue a Writ of mandamus or any other writs, directions, orders etc.. directing the respondents to absorb the petitioners as directed by the Hon'ble Single Judge in W.P.Nos.3405-3431/2015 (S-RES) and other connected petitions dated 25.02.2019 and W.P.No.22621/2021 dated 29.09.2022, Vide Annexures-AG & AH; ii) Issue a Writ of mandamus or any other writs, directions, orders etc. directing the respondents to recognize the petitioners appointment from the date of initial appointment and to sanction pay, Dearness allowance and other allowances admissible to the petitioners from the date of their entry into the service, iii) Issue a Writ of mandamus or any other writs, directions, orders etc.. directing the respondents to sanction admissible leave benefits such as casual leave, earned leave, maternity leave (women employees), leave encashment benefits etc., as admissible in the service rules, - 11 - HC-KAR NC: 2026:KHC:4503 WP No. 28532 of 2023 C/W WP No. 26670 of 2023 iv) Issue a Writ of mandamus or any other writs, directions, orders etc.. directing the respondents to pay backwages to the petitioners from the date of entering into services and fixation of pay scale admissible and increments and promotions to the higher cadre to which are admissible from the date of their entering into services. v) For costs and any other reliefs as this Hon'ble Court may deem fit, in the interests of justice.” 2. In W.P.No.26670/2023, the petitioners have sought for the following reliefs: “i) Issue a Writ of mandamus or any other writs, directions, orders etc.. directing the respondents to absorb the petitioners as directed by the Hon'ble Single Judge in W.P.Nos. 3405-3431/2015 (S-RES) and connected petitions dated 25.02.2019 and W.P.No.22621/2021 dated 29.09.2022, Vide Annexures-AB & AC; ii) Issue a Writ of mandamus or any other writs, directions, orders etc.. directing the respondents to recognize the petitioners appointment from the date of initial appointment and to sanction pay, Dearness allowance and other allowances admissible to the - 12 - HC-KAR NC: 2026:KHC:4503 WP No. 28532 of 2023 C/W WP No. 26670 of 2023 petitioners from the date of their entry into the service, (iii) Issue a Writ of mandamus or any other writs, directions, orders etc.. directing the respondents to sanction admissible leave benefits such as casual leave, earned leave, maternity leave (women employees), leave encashment benefits etc., as admissible in the service rules, iv) Issue a Writ of mandamus or any other writs, directions, orders etc., directing the respondents to pay backwages to the petitioners from the date of entering into services and fixation of pay scale admissible and increments and promotions to the higher cadre to which are admissible from the date of their entering into services, v) For costs and any other reliefs as this Hon'ble Court may deem fit, in the interests of justice.” 3. The case of the petitioners in both these petitions is that they were appointed by the respondent No.2, Bangalore Medical College and Research Institute for a block period of 6 months during 2008-09. It is contented by the petitioners that respondent No.2, Institution, - 13 - HC-KAR NC: 2026:KHC:4503 WP No. 28532 of 2023 C/W WP No. 26670 of 2023 appointed the petitioners by giving one-day break in service and extended the appointment of the petitioners from time to time. Since the petitioners’ case for regularization was not considered, they approached this Court by filing W.P.Nos.3405-3431/2015 & connected matters. This Court, by order 25.02.2019 has disposed of the said writ petitions with the following observations: “7. In the light of the above, this Court is of the opinion that these matters may be disposed of while fixing a time frame for the respondents to consider the representation made by the petitioners. In the light of the recommendation made by the 2nd respondent to the 1st respondent-State Government, the State Government shall consider the recommendation made by the 2nd respondent and pass orders within a period of three months from the date of receipt of the certified copy of this order. 8. Needless to observe that the services of the petitioners shall not be terminated since there is an interim order in favour of the petitioners protecting their services, till their representation and the recommendation of the 2nd respondent is considered by the 1st respondent-State Government. - 14 - HC-KAR NC: 2026:KHC:4503 WP No. 28532 of 2023 C/W WP No. 26670 of 2023 9. At this stage, the learned counsel for the petitioners point out to the interim orders issued by this Court, reserving 102 posts of staff nurses for consideration of the case of the petitioners from out of the 600 posts that were to be filled by the 2nd respondent. It is submitted that the respondents may be directed to keep the 102 posts reserved as has been stated in the recommendation dated 15.02.2019 made by the 2nd respondent to the 1st respondent – State Government. It is further pointed out that there are 169 petitioners before this Court, and only 102 posts were directed to be kept vacant for filling up of the posts. 10. The interim orders directing the 2nd respondent to keep the 102 posts reserved for the petitioners, shall continue till the case of the petitioners are treated in terms of the directions given above. Even otherwise, further vacancies would have occurred and therefore the interest of other petitioners i.e., 67 of them who did not have the benefit of interim order shall also be considered by the 2nd respondent before they proceed to issue fresh notification. With the aforesaid observations, these writ petitions are disposed of.” 4. Aggrieved by the order dated 25.02.2019 passed by the learned Single Judge in W.P.Nos.3405-3431/2015 and - 15 - HC-KAR NC: 2026:KHC:4503 WP No. 28532 of 2023 C/W WP No. 26670 of 2023 connected matters, the respondent No.2, Bangalore Medical and Research Institute filed W.A.No.571/2024 and connected matters. The petitioners have filed CCC No.575/2023, which was connected with the W.A.No.571/2024 and connected matters. The Division Bench of this Court, by order dated 22.07.2025, dismissed the writ appeals and granted three months time to the respondents to comply with the directions issued by the learned Single Judge. The operative portion of the order dated 22.07.2025 reads as under: “20. In the above circumstances, we are of the opinion that the instant is a fit case where the Government should be directed to consider the claim of contract appointees for regularization at least prospectively. 21. In the facts and circumstances of the case, we are of the opinion that the directions issued by the learned Single Judge do not require any interference in this intra-Court appeals. The appeals accordingly fail and are dismissed. However, three months further time is granted to the respondents to comply - 16 - HC-KAR NC: 2026:KHC:4503 WP No. 28532 of 2023 C/W WP No. 26670 of 2023 with the directions issued by the learned Single Judge. 22. In view of the orders passed in the writ appeals, list CCC No.575/2023 after completion of three months time before the roster Bench. Pending interlocutory applications, if any, in all the matters shall stand disposed of.” 5. Instead of pursuing the contempt petition, the petitioners have filed the present writ petitions. 6. Learned counsel for the petitioners submits that the present writ petitions may be disposed of directing the respondents to consider the case of the petitioners in terms of the order passed by this Court in W.P.Nos.3405- 3431/2015 and W.A.No.571/2024. 7. Since the learned Single Judge and Division Bench of this Court have already directed the respondents to consider the case of the petitioners within three months from the date of disposal of W.A.No.571/2024 disposed of on 22.07.2025, no further directions are required to be - 17 - HC-KAR NC: 2026:KHC:4503 WP No. 28532 of 2023 C/W WP No. 26670 of 2023 issued to the respondents by this Court in these writ petitions. 8. However, in view of existing directions already issued by this Court, respondent No.2 is directed to consider the case of the petitioners strictly in terms of the directions issued by the learned Single Judge in W.P.Nos.3405- 3431/2015 & connected matters, decided on 25.02.2019, and directions issued by the Division Bench in W.A.No.571/2024 and connected matters decided on 22.07.2025. 9. Accordingly, the writ petitions are disposed of. All pending, I.As., if any, are disposed. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 26