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2025 Supreme(Online)(Kar) 440936

THE HIGH COURT OF KARNATAKA
M.NAGAPRASANNA
SMT. HANAMAVA W/O BASAPPA – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 111729/2017



IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

DATED THIS THE 4TH DAY OF DECEMBER 2025

BEFORE

THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 111729 OF 2017 (S-REG)

BETWEEN:

SMT. HANAMAVVA W/O. BASAPPA

AGE: 58 YEARS,

OCC: DELAY WAGERS EMPLOYEE(COOK),

R/O: TALAKAL,TQ: YALABURGA,

DIST: KOPPAL.

…PETITIONER

(BY SRI. HEMANTHKUMAR L HAVARAGI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA RPTD BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU. 2. THE PRINCIPAL SECRETARY

DEPARTMENT OF PANCHAYAT RAJ,

VIDHANA SOUDHA, BENGALURU. 3. THE PRINCIPAL SECRETARY

VISHAL

NINGAPPA DEPARTMENT OF SOCIAL WELFARE AND

PATTIHAL

OTHER BACKWARD CLASS,

Digitally signed by

V PA IS T H T A IH L A N L INGAPPA VIDHANA SOUDHA, BENGALURU.

Location: High Court of

Karnataka Dharwad Bench Date: 2025.12.11 16:18:16

+0530

4. THE COMMISSIONER

DEPARTMENT OF WELFARE OF

OTHER BACKWARD CLASS,

BENGALURU.

5. THE DIRECTOR

WELFARE OF OTHER BACKWARD CLASS,

BENGALURU.

6. THE DEPUTY COMMISSIONER

KOPPAL DISTRICT KOPPAL.

7. THE ASSISTANT COMMISSIONER KOPPAL DISTRICT, KOPPAL.

8. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYAT, KOPPAL, DIST: KOPPAL.

9. THE DEPUTY COMMISSIONER WELFARE OF THER BACKWARD CLASS KOPPAL DISTRICT KOPPAL.

10. THE EXECUTIVE OFFICER (EARLIER BLOCK DEVELOPMENT OFFICER)

TALUKA PANCHAYAT, YALABURGA, DIST: KOPPAL.

11. THE TALUKA OFFICER WELFARE OF OTHER BACKWARD CLASS AND MINORITY, YALABURGA, DIST: KOPPAL.

…RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1 TO R7, R9 AND R11;

R8 AND R10 – SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO. 4 TO 11 TO REGULARIZED THE SERVICE OF THE PETITIONER TO RESPECTIVE POST OR ANY OTHER POST WITH EFFECT FROM THE DATE OF THEIR APPOINTMENT AND PAY THEM EQUAL SALARY AND ALL OTHER CONSEQUENTIAL BENEFITS FLOWING FROM THE ORDER OF REGULARIZATION AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

1. The petitioner is before this court seeking the following prayer.:

A. A Writ in the nature of mandamus directing the respondent No. 4 to 11 to regularized the service of the petitioner to respective post or any other post with effect from the date of their appointment and pay them equal salary and all other consequential benefits flowing from the order of regularization.

B. A Writ in the nature of mandamus directing the respondent No. 1 to 5 to consider the proposal bearing Nos. ©.¹.JA.PÉÆ.¹§âA¢:¹Dgï:25:2000-01/1235 dated 10/12/2008, CgÉ ¸ÀPÁðj ¥ÀvÀæ ¸ÀA:/r©¹JAPÆÉ /¹§âA¢/«¤- 4/¹Dgï-17/2013-14/881 Nos. dated 20/11/2014 and 2//2.2/22-04/-69/2016-17 dated 22/02/2017 sent by the respondent No. 9 vide Annexure-V, W and X respectively. in sofar as petitioner is concerned.

C. Issue any other writ or direction, which this Hon’ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity.

2. The petitioner, a daily wage employee now retired on attaining the age of superannuation, is at the doors of this Court seeking regularisation of her services that she has rendered from

1982 till the date of retirement in the year 2019

3. Heard the learned counsel appearing for the petitioner and the learned HCGP appearing for respondent Nos.1 to 7.

4. The petitioner is appointed as a cook in the BCM Hostels at Yalaburga taluk with effect from 26.06.1982. The petitioner, owing to certain allegations, had been terminated from service in the year 1997. The said termination was called in question before the Labour Court. The Labour Court allowed the reference and set aside the order of termination directing reinstatement with 25% back wages. The petitioner was taken back to duties on 12.01.2001. After taking back to duties, the petitioner then registers her claim for regularisation of her services. The same is not considered. Therefore, is before this Court seeking a direction to consider her case for regularisation owing to the fact that the pet

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