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2025 Supreme(Online)(Kar) 36138

THE HIGH COURT OF KARNATAKA
ASHOK S.KINAGI
SRI SHIVAIAH – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 14096/2019



IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 14096 OF 2019 (S-REG)

BETWEEN:

1. SRI. SHIVAIAH S/O CHIKKAREVANNA, AGED ABOUT 47 YEARS, WORKING AS LITERATE ASSISTANT, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, NO.3, GAUGING SUB-DIVISION, ANANDARAO CIRCLE, BANGALORE – 560 009.

Digitally signed by SREEDHARAN BANGALORE SUSHMA PRESENTLY WORKING AT:

LAKSHMI Location: High OFFICE OF THE INSPECTOR GENERAL OF POLICE Court of Karnataka (VIGILANCE)

WATER RESOURCES DEPARTMENT, 3RD FLOOR, BASAVA BHAVAN, HIGH GROUNDS, BANGALORE – 560 001.

…PETITIONER (BY SRI. RAGHUPATHI M J, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA THE SECRETARY, DEPARTMENT OF WATER RESOURCES, GOVT OF KARNATAKA, 3RD FLOOR, VIKASA SOUDHA,.

DR. B.R. AMBEDKAR VEEDHI, BANGALORE – 560 001.

…RESPONDENT (BY SRI. B J ESHWARAPPA, AGA)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT ISSUED BY THE RESPONDENT, DATED

14.12.2018 VIDE NO.JASAME 23 PWC2018, (ANNEXUER-F).

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

ORAL ORDER

1. The petitioner has filed this writ petition seeking for the following reliefs:

“a) Issue a writ of certiorari to quash the endorsement issued by the Respondent, dated 14.12.2018 Vide.No.JASAME 23 PWC2018, (Annexure-F), b) Issue a writ of mandamus directing the respondent to regularize the petitioner service in accordance with two scheme Vide.No. G.O.No.GRAAAPA/75/GPAAA/20 01, Bangalore dated 19.07.2022, (ANNEXURE-C) and Vide.G.O.No.AHD/ 125/KAVI/2004, Bangalore dated 20.12.2005 at Annexure-C2, and scheme dated 19.06.2014 at Annexure-C3 Vide.No.LOE/DINOUSE/2007, Bangalore and also in accordance with the high court orders dated 10.09.1999, 15.12.1999 at Annexure-B1 & B2, and further to extend all the consequential benefits on par with regular employees.

c) Pass any other appropriate order or direction as this Hon’ble court deems fit under the fact and circumstance of the case, in the interest of justice and equity.”

2. The brief facts leading rise to the filing of this petition are as follows:

The petitioner was appointed as a Literate Assistant in the office of the Assistant Executive Engineer, No.7, Hemavathi Canal Sub Division, Tumkuru on daily wage basis on 05.10.1987. The petitioner was taken in office of the Inspector General of Police (Vigilance), Water Resources Department, Bengaluru in the year 2000, though, he had completed 26 years, continued on daily wages, and his service was not regularized. On 20.12.2005, the State Government had formulated a scheme to regularize the daily wage employees and few of the employees, who had joined along with the petitioner, were regularized. The petitioner had made a detail representation to the respondent seeking for regularization of his service on parity with the similarly placed employees, on 08.05.2014. The State Government, on

19.06.2014, had again formulated a scheme to regularize the daily wages employees, but the petitioner was not considered for the same.

Again, the petitioner submitted a representation, the respondent did not consider the said representation. The petitioner approached this Court in W.P No.48282/2014. This Court, disposed of the writ petition directing the respondents to consider the representation of the petitioner for regularization of his service on the line of the schemes dated 20.12.2005 and 19.06.2014. Pursuant to the order passed by this Court in aforesaid writ petition, the petitioner submitted one more representation on 03.05.2018. The respondent has issued an endorsement vide Annexure – F rejecting the petitioner’s representation for regularization of his service. The petitioner aggrieved by the endorsement dated 14.12.2018, filed this writ petition.

3. Heard the learned counsel for the petitioner and also the learned AGA for the respondent.

4.

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