- 1 - HC-KAR NC: 2026:KHC:4370 WP No. 492 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 492 OF 2024 (S-RES) BETWEEN: 1. SRI. RAJA H M S/O MADDURAPPA AGED ABOUT 47 YEARS R/AT HAROHALLI PALYA KAKOLARA POST HESARAGHATTA HOBLI BENGALURU 560089. WORKING AT ALLALASANDRA PUBLIC LIBRARY YELAHANKA, BENGALURU 560064. 2. SMT. NAGARATHNA BAI N W/O PURUSHOTHAMA K AGED ABOUT 48 YEARS R/AT NO. 27 NARSIMHAKRUPA 5TH CROSS, DODDABAMMASANDRA MUNESHWARA LAYOUT, VIDYARANYAPURA BENGALURU 560097 WORKING AT DODDABAMMASANDRA PUBLIC LIBRARY BENGALURU-560097. 3. SRI. HIMANTHARAJU S/O DYAMANNA AGED ABOUT 59 YEARS R/AT 32A, 2ND MAIN KAVERI NAGAR, MAHADEVPURA BENGALURU-560048 WORKING AT GARUDACHARPALYA CITY CENTRAL LIBRARY, BENGALURU-560048. Digitally signed by MALATHI CHALUVA IYENGAR Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4370 WP No. 492 of 2024 4. SRI. A P KALLA BASAVAIAH S/O PATTAIAH AGED ABOUT 57 YEARS R/AT 6TH CROSS, ANGANAVADI ROAD NALLORAHALLI WHITEFIELD BENGALURU-560066 WORKING AT WHITE FIELD CITY CENTRAL LIBRARY BENGALURU 560 016. 5. SRI. VENKATESH T S/O LATE THIMMAYYA AGED ABOUT 52 YEARS R/AT 1041 2ND MAIN M C LAYOUT, VIJAYANAGARA BANGALORE-560040. 6. SMT MEENAKSHI N W/O C ANANDA AGED ABOUT 37 YEARS R/AT NO 07, SNEHANANDA NILAYA 9TH CROSS, 1ST MAIN ROAD AGRAHARA LAYOUT YELAHANKA, BENGALURU-560064 7. SMT ANUSUYA S Y W/O KALLA BASAVAYYA AGED ABOUT 45 YEARS R/AT 6TH CROSS, ANGANAVADI ROAD NALLORAHALLI WHITEFIELD BENGALURU-560066 WORKING AT HEGGADURU CITY CENTRAL LIBRARY, BENGALURU-560066. 8. SMT A P SHIVALINGAMMA W/O SHIVA NANJAYYA AGED ABOUT 51 YEARS R/AT 6TH CROSS, ANGANAVADI ROAD NALLORAHALI, WHITE FIELD BENGALURU 560066. - 3 - HC-KAR NC: 2026:KHC:4370 WP No. 492 of 2024 WORKING AT VIJANAPURA EAST ZONE CITY CENTRAL LIBRARY BENGALURU 560066 9. SMT PUSHPAVATHI S V W/O NARAYANASWAMY AGED ABOUT 46 YEARS R/AT NO 54, NAGONDANAHALLI WHITE FIELD, BENGALURU EAST-560066 (WORKING AT CHANNASANDRA CITY CENTRAL LIBRARY BENGALURU-560067. 10. SRI KRISHNAPPA N S/O NARASIMHAPPA AGED ABOUT 51 YEARS R/AT CHINNASANDRA CHINTAMANI TALUK CHIKKABALLAPURA-563125. 11. SRI MUNISHAMAPPA A S/O ANNAYAPPA AGED 41 YEARS R/AT NO 138, BHATHAYAMMA BUILDING OLD FLOUR MILL ROAD, KALKERE HORAMAVU POST, BENGALURU 560113 WORKING AT HORAMAVU CITY CENTRAL LIBRARAY BENGALURU -560113. 12. SMT VENKATALAKSHMI W/O GANGADHARAIAH AGED ABOUT 36 YEARS R/AT ESHWARAPPA BUILDING MADAVARA POST, DASANAPURA HOBLI BENGALURU NORTH TALUK BENGALURU 562162 WORKING AT MADAVARA CITY CENTRAL LIBRARY BENGALURU NORTH 562162. - 4 - HC-KAR NC: 2026:KHC:4370 WP No. 492 of 2024 13. SRI RAJAGOPAL H S/O HONNAGIRIYAPPA AGED ABOUT 31 YEARS R/AT NO 27, SHETTIGERE DODDAJALI HOBLI YELAHANKA TAULK, BENGALURU-562157 (WORKING AT HUNSAMARANAHALLI CITY CENRAL LIBRARAY YELAHANKA TALUK, BENGALURU-562157. 14. SMT NIRMALA H W/O KRISHNAMURTHY AGED ABOUT 40 YEARS R/AT HANUMANTHEGOWDANA PALYA MADANAYAKANAHALLI POST DASANAPURA HOBLI BENGALURU NORTH TALUK BENGALURU-562162 WORKING AT MADANAYAKANAHALLI CITY CENTRAL LIBRARY BENGALURU NORTH TALUK BENGALURU-562162. 15. SMT MANJULA K W/O KRISHNAPPA AGED ABOUT 36 YEARS R/AT GANIGARAHALLI CHIKKABANAVARA POST BENGALURU-560090 WORKING AT SOMASHETTIHALLI CITY CENTRAL LIBRARY BENGALURU SOUTH TALUK BENGALURU-560090. 16. SMT VEENA K W/O GUNDAPPA K S AGED ABOUT 40 YEARS R/AT NO.513, 4TH MAIN ROAD ATTUR BADAVANE YELAHANKA, BENGALURU-560064 - 5 - HC-KAR NC: 2026:KHC:4370 WP No. 492 of 2024 WORKING AT ATTUR BADAVANE PUBLIC LIBRARY BENGALURU-560064. 17. SMT SMITHA C G D/O SIDDA NAYAK GOVIND NAYAK AGED ABOUT 41 YEARS R/AT 385, CHOUDAPPA LAYOUT ABBIGERE CHIKKABANAVARA POST BENGALURU-560090 WORKING AT ABBIGERE PUBLIC LIBRARY, BENGALURU-560090. 18. SRI NANJAPPA H D S/O LATE DYAVANNA AGED ABOUT 40 YEARS R/AT 31/4, RAILWAY TRACK NEAR HUCCHANAPALYA HUSKUR BENGALURU-562123 WORKING AT DODDABIDARAKALLU PUBLIC LIBRARY BENGALURU-560073. 19. SMT SAMEEMA Y M D/O YAHYA P M AGED ABOUT 30 YEARS R/AT PERIYADKA MOOLE HOUSE KADABA, DAKSHINA KANNADA-574221. 20. SMT SAROJINI IRAPPA KITTUR W/O IRAPPA KITTUR AGED ABOUT 52 YEARS R/AT GANDHI CHOUK UGARA K H, UGARAKHURD POST ATHNI SUB DISTRICT BELAGAVI DISTRICT-591316. 21. SRI GURUNATH SIDDAPPA BORAGANVI S/O SIDDAPPA AGED ABOUT 52 YEARS R/AT MUGALKHOD RAYBAG TALUK BELAGAVI-591235. - 6 - HC-KAR NC: 2026:KHC:4370 WP No. 492 of 2024 22. SRI RAMESH KUMAR S/O ANANDRAO AMBURE AGED ABOUT 55 YEARS R/AT MAHAL ROAD NEAR BAVASAR KALYAN MANTAP MARATHA GALLI, AFZALPUR TALUK GULBARGA-585301. 23. SRI JAGADHEESH HOOVAPPA SIKARE S/O HOOVAPPA SIKARE AGED ABOUT 38 YEARS R/AT MUNAVALLI, SAUDATTI TALUK BELAGAVI DISTRICT-591126. 24. SRI ZAKIRHUSEN NORODDIN JINABADE S/O NORODDIN JINABADE AGED ABOUT 46 YEARS R/AT NEAR GOVT HOSPITAL KUDACHI (RURAL) BELGAUM, KUDCHI TOWN-591311. 25. SRI SUNIL BHAMMANNA KUMBAR S/O BHAMMANNA AGED ABOUT 50 YEARS R/AT NO.2181, MADDI GALLI SADALAGA CHIKKODI TALUK, BELGAUM DISTRICT-591239. 26. SMT N T NAGARATHNAMMA W/O N GOPALKRISHNA AGED ABOUT 47 YEARS R/AT ADARSHNAGAR NARASIMALU LAYOUT ARISHINAKUNTE POST NELAMANGALA TALUK BENGALURU RURAL DISTRICT - 562 123 27. SMT ANNAPOORNA W/O LOKESH AGED ABOUT 35 YEARS R/AT VISHWESHWARAPURA NEAR NARASIMHASWAMY TEMPLE - 7 - HC-KAR NC: 2026:KHC:4370 WP No. 492 of 2024 KURUBARA STREET, NELAMANGAL TALUK BENGALURU RURAL DISTRICT - 562 123. 28. SMT GAYATHRAMMA H A W/O M VENKATESH AGED ABOUT 52 YEARS R/AT NO 158/1 VIVEKANANDA STREET JAGAJEEVANRAM NAGAR, ATTHIBELE ANEKAL TALUK, BENGALURU – 562107. 29. SRI KENCHAPPA MAHADEVA HARUGERI S/O MAHADEVA AGED ABOUT 35 YEARS R/AT DHUPDALA GOKAK TLAUK BELAGAVI – 591306. 30. SRI JITENDRA TUKARAM PUJARI S/O TUKARAM PUJARI AGED ABOUT 48 YEARS R/AT JANATA PLOT SHEDBAL KAGAWAD TALUK, BELGAUM – 591315. 31. SRI ASHOKA BASALINGAPPA HOLEYACHI S/O BASALINGAPPA AGED ABOUT 46 YEARS R.AT NO 237, AKKATHANGERAHALA GOKAK TLAUK, BELGAUM DISTRICT – 591307. 32. SRI RAJU BALAPPA LAKKAGOL S/O BALAPPA LAKKAGOL AGED ABOUT 46 YEARS R/AT NO. 143/A1, PATIL GALLI PEERANWADI, HUKKERI, BELGAUM-590014. 33. SMT TEJASWINI BHANDARE W/O AJEET AGED ABOUT 39 YEARS R/AT BHEEM NAGAR AINAPUR ATHANI TALUK KAGVADA, BELAGAVI – 591303. - 8 - HC-KAR NC: 2026:KHC:4370 WP No. 492 of 2024 34. SMT GANGAMMA NAGARAJ KUDACHI W/O NAGARAJ KUDACHI AGED ABOUT 38 YEARS R/AT MACHHE, GANGA GALLI BELAGAVI – 590014. 35. SMT JYOTHI K W/O SRINIVASAYYA AGED ABOUT 33 YEARS R/AT KATTIGENAHALLI BAGLUR ROAD YELAHANKA, BENGALURU - 560064 …PETITIONERS (BY SRI. GIRI KUMAR S V., ADVOCATE) AND: 1. CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA,BANGALORE-560001. 2. PRINCIPAL SECRETARY PRIMARY AND SECONDARY EDUCATION VIKASA SOUDHA, BANGALORE-560001. 3. BRUHAT BANGALORE MAHANAGARA PALIKE REPRESENTED BY COMMISSIONER HUDSON CIRCLE, BANGALORE -560009. 4. DIRECTORATE OF MUNCIPAL ADMINISTRATION REPRESENTED BY THE DIRECTOR VV TOWER, DR. AMBEDKAR VEEDHI BANGALORE -560001. 5. DEPARTMENT PUBLIC LIBRARIES REPRESENTED BY DIRECTOR V V TOWER, 4TH FLOOR DR. AMBEDKAR VEEDHI BANGALORE-560001. …RESPONDENTS (BY SRI. G RAMESH NAIK, AGA FOR R1,R2, R4 & R5: SRI. B L SANJEEV, ADVOCATE FOR R3) - 9 - HC-KAR NC: 2026:KHC:4370 WP No. 492 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE OM VIDE EP 89 LIB 2023 DATED 08/12/2023 PASSED BY THE R2 WHICH IS PRODUCED AND ANNEXED AT ANNEXURE-AU AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed under Articles 226 and 227 of the Constitution of India, challenging the endorsement dated 08.12.2023 vide Annexure-AU issued by respondent No.2, whereby the request of the petitioners for regularization was rejected. 2. The case of the petitioners is that, they were appointed as temporary Assistant Librarians, which is a sanctioned post, by respondent No.2. Subsequently, they were posted as Librarians from 1989 onwards till 2014. They have been working in the said post continuously without any break. Even after completing ten years of service, they have not been regularized. Hence, they - 10 - HC-KAR NC: 2026:KHC:4370 WP No. 492 of 2024 approached this Court by filing a writ petition in WP No.11372/2023. This Court, by order dated 15.06.2023, disposed of the writ petition, directing respondent Nos.2, 4, and 5 to consider the representation dated 10.03.2023 in accordance with law, within an outer limit of eight weeks from the date of receipt of a copy of the said order. Pursuant to the order of this Court respondent No.4 issued an endorsement dated 06.11.2023 stating that the representation has to be considered by respondent No.5. Inspite of the directions of this Court, the representation of the petitioners were not considered by respondent No.5. During the pendency of the representation, the State Government issued the notification dated 08.12.2023. Therefore, the petitioner is before this Court. 3. The learned counsel appearing for the petitioners submits that the Apex Court in the case of JAGGO V. UNION OF INDIA AND OTHERS reported in 2024 SCC Online SC 3826, while distinguishing the judgment in the case of SECRETARY, STATE OF KARNATAKA V. - 11 - HC-KAR NC: 2026:KHC:4370 WP No. 492 of 2024 UMADEVI (3) AND OTHERS, reported in (2006) 4 SCC 1, has directed to consider the cases of employees engaged on a temporary basis for an extended period, particularly where their roles are integral to the functioning of the organization. The relevant paragraphs are extracted below: “26. While the judgment in UMA DEVI (supra) sought to curtail the practice of backdoor entries and ensure appointments adhered to constitutional principles, it is regrettable that its principles are often misinterpreted or misapplied to deny legitimate claims of long-serving employees. This judgment aimed to distinguish between “illegal” and “irregular” appointments. It categorically held that employees in irregular appointments, who were engaged in duly sanctioned posts and had served continuously for more than ten years, should be considered for regularization as a one-time measure. However, the laudable intent of the judgment is being subverted when institutions rely on its dicta to indiscriminately reject the claims of employees, even in cases where their appointments are not illegal, but merely lack adherence to procedural formalities. Government departments - 12 - HC-KAR NC: 2026:KHC:4370 WP No. 492 of 2024 often cite the judgment in UMA DEVI (supra) to argue that no vested right to regularization exists for temporary employees, overlooking the judgment's explicit acknowledgment of cases where regularization is appropriate. This selective application distorts the judgment's spirit and purpose, effectively weaponizing it against employees who have rendered indispensable services over decades. 27. In light of these considerations, in our opinion, it is imperative for government departments to lead by example in providing fair and stable employment. Engaging workers on a temporary basis for extended periods, especially when their roles are integral to the organization's functioning, not only contravenes international labour standards but also exposes the organization to legal challenges and undermines employee morale. By ensuring fair employment practices, government institutions can reduce the burden of unnecessary litigation, promote job security, and uphold the principles of justice and fairness that they are meant to embody. This approach aligns with international standards and sets a positive precedent for the private sector to follow, thereby contributing to the overall betterment of labour practices in the country.” - 13 - HC-KAR NC: 2026:KHC:4370 WP No. 492 of 2024 4. The learned counsel for the petitioners, while further relying on the judgments of the Apex Court in SHRIPAL AND ANOTHER V. NAGAR NIGAM, GHAZIABAD (CIVIL APPEAL NO.8157/2024, DISPOSED OF ON 31.01.2025) and DHARAM SINGH AND OTHERS V. STATE OF UTTARA PRADESH AND ANOTHER (CIVIL APPEAL NO.8558/2018, DISPOSED OF ON 19.08.2025), contended that even in the case of contract employees who had worked for more than ten years without any break, their claims were considered for regularization. 5. He also placed reliance on the order passed by this Court in W.P. No.13176/2017, disposed of on 13.11.2025, wherein, after considering the judgments of the Apex Court in JAGGU (supra) and SHRIPAL (supra), this Court directed regularization of the services of the petitioners therein. It is submitted that, without considering the recent judgments of the Apex Court and without appreciating the fact that the petitioners were - 14 - HC-KAR NC: 2026:KHC:4370 WP No. 492 of 2024 working against sanctioned posts, respondent Nos. 2 and 5 have not considered the representation of the petitioners. 6. In view of the above, the following : ORDER (i) The writ petition is disposed of. (ii) Liberty is reserved to the petitioners to submit fresh representations enclosing all relevant service records. (iii) The respondent Nos.2 and 5 are directed to consider the cases of the petitioners for regularization in the light of the judgments of the Apex Court in JAGGU (supra), SHRIPAL (supra) and DHARAM SINGH (supra) and to pass appropriate orders in accordance with law, as expeditiously as possible and in any event not later than three months from the date of receipt of the - 15 - HC-KAR NC: 2026:KHC:4370 WP No. 492 of 2024 fresh representations, without being influenced by the notification dated 08.12.2023 vide Annexure-AU. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 55