THE HIGH COURT OF KARNATAKA
M. Nagaprasanna, J
Nagesh Hanamant Pujeri – Appellant
Versus
State Of Karnataka – Respondent
WP No. 105364 of 2025 | WP No. 105664 of 2025
| Table of Content |
|---|
| 1. procedural history and factual foundation for regularization claims. (Para 1 , 2 , 3 , 4 , 5 , 6 , 13) |
| 2. summary of contentions regarding continuous long-term employment versus statutory reliance on umadevi. (Para 7 , 8 , 9) |
| 3. judicial assessment of the applicability of umadevi in long-standing irregular service cases. (Para 10 , 11 , 12 , 14) |
| 4. continuous ad-hoc employment over decades is arbitrary and violates article 14 of the constitution. (Para 15 , 16) |
| 5. directs state authorities to regularize long-term services within a specified timeframe. (Para 17) |
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The petitioners in W.P. No.105364/2025, four in number and the petitioner in W.P. No.105664/2025, one in number, are at the doors of this Court calling in question an endorsement dated 04.08.2022, by which the claim of these petitioners seeking regularisation of their services has been turned down. The consequential direction to regularise the services of the petitioners after completion of ten years from the date of their initial appointment, is sought.
2. Heard the learned Counsel Smt. Sanjana S.Mudhol appearing to the petitioners; learned AGA Shri V.S. Kalasurmath appearing for respondent Nos.1 to 3; and the learned counsel Shri Srinand Pachhapure appearing for respondent No.4.
3. Facts in brief germane are as follows: The petitioners in W.P. No.105364/2025 were appointed as Watermen and the petitioner in W.P. No.105664/2025 was appointed as driver on Daily Wage Basis in Gokak City Municipal Council against sanctioned vacant posts. This is an admitted fact. The particulars of appointment of the petitioners are as follows:
In W.P. No.105364 of 2025
| Sl. No. | Name of the petitioners | Date of appointment | Number of year completed |
|---|---|---|---|
| 1 | Nagesh Hanamant Pujeri (Waterman) | 01/07/1997 | 28 years |
| 2. | Balesh Yamanappa Mastamaradi (Waterman) | 01/11/1991 | 34 years |
| 3. | Kumar Balayya Kumarmath (Waterman) | 01/10/2004 | 21 years |
| 4. | Kempanna Sattayappa Pujeri (Waterman) | 01/10/2004 | 21 years |
In W.P. No.105664 of 2025
| Sl. No. | Name of the petitioners | Date of appointment | Number of year completed |
|---|---|---|---|
| 1 | Vithal Iranna Subhanji (Driver) | 01.10.2004 | 20 years |
4. In W.P. No.105364 of 2025, the first petitioner is appointed on 01.07.1997, the second petitioner on 01.11.1991, third petitioner on 01.10.2004 and fourth petitioner on 01.10.2004. Petitioner No.1, as on today completed 28 years of services, petitioner No.2 has completed 34 years of service and petitioner Nos.3 and 4 have completed 21 years respectively. In W.P. No.105664 of 2025, the petitioner is appointed on 01.10.2004.
5. The petitioners were at the doors of this Court seeking consideration of their cases for regularization in Writ Petition No.100103 of 2021, which comes to be disposed by an order dated 27.01.2021 directing consideration of the representations submitted by these petitioners for regularisation of their services within two months from the date of receipt of copy of the said order. The result of the direction is the impugned endorsement dated 12.09.2022, which declines to accept the claim of these petitioners for regularisation of their services on the score that the claim runs counter to the judgment of the Apex Court in the case of SECRETARY, STATE OF KARNATAKA VS. UMADEVI (3)1.
6. The petitioners again had approached this Court in Writ Petition No.100174 of 2023 in which the endorsement dated 12.09.2022 was not challenged. The Co-ordinate Bench of this Court disposed the writ petition reserving liberty to the petitioners to raise a challenge to the said endorsement. As an offshoot of the order passed by the Co-ordinate Bench in Writ Petition No.100174 of 2023 comes the impugned endorsement dated 23.07.2024, rejecting the claim of the petitioners on the very same ground that the petitioners have not completed 10 years of service as on the cut-off date as obtaining in the judgment of the Apex Court in the case of UMADEVI (3) (supra). It is the afore
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