SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(Kar) 41063

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



Advocates:
For the Appellants/Petitioners: Sanjana S. Mudhol, Shivaraj P. Mudhol
For the Respondents: Kirilata R. Patil, Srinand Pachhapure

Prolonged ad-hoc employment spanning several decades is inherently arbitrary and violative of equality principles. State authorities must consider the regularization of long-term daily wage workers, as historical judicial cut-offs cannot be used to justify the perpetual exploitation of employees in the service sector.

Headnote:(A) Constitution of India - Article 14 - Right to equality - Prohibition of arbitrary state action - Regularization of daily wage employees - Continuous service for over two decades without interruption creates a substantive expectation and entitlement for consideration of regularization. (Paras 10, 11, 16)

(B) Administrative Law - Daily wagers - Uninterrupted and long-term service - Denial of regularization based on a historical cut-off date after substantial passage of time constitutes arbitrary action. The purpose of judicial mandates regarding employment is to prevent illegal future appointments, not to perpetuate the exploitation of personnel who have served the state for decades. (Paras 14, 15, 16)

Facts of the case:
Daily wage workers were engaged by a municipal authority for durations ranging from two to three decades in roles such as maintenance and operations. Having never ceased their employment, the workers petitioned for the benefits of regularized status. Their claims were frequently rejected by administrative authorities, who relied on a specific historical judicial cut-off date for regularization. Previous judicial intervention requiring consideration of these claims resulted in further rejections, leading to the current challenge against the formal denial of status.

Findings of Court:
The court observed that the employees had been in continuous service for over twenty years, establishing that their engagement was a matter of administrative necessity rather than fleeting temporary work. The court found that the state-authored rejections were grounded in an unduly narrow interpretation of past legal precedent, disregarding the decades of legitimate service rendered. Such prolonged ad hoc engagement without permanent benefits is inconsistent with the constitutional standard of fairness in public employment.

Issues: The central issues addressed were whether the state could indefinitely withhold regularization for employees serving consistently for decades, and whether the reference to a rigid historical cut-off date justified the continued denial of such claims despite the passage of significant time.

Ratio Decidendi: Continued employment of individuals on an ad-hoc basis for several decades is inherently arbitrary and violative of the equality principle under constitutional protection. The court reasoned that when a state utility relies upon staff for decades, it is legally and ethically obligated to consider them for permanent absorption, as failing to do so exploits the worker-employer relationship beyond the intended scope of existing judicial directives.

Result: Petitions allowed. The impugned rejection orders were quashed. The authorities were directed to consider the regularization of the service of the petitioners within a specified time frame.

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

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top