Reserved on : 15.12.2025 Pronounced on : 04.02.2026 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 04^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA WRIT PETITION No.103388 OF 2025 (S-REG)

BETWEEN:

SRI VEERABHADRAYYA SHIVAPUTARAYYA KULKARNI AGED ABOUT 59 YEARS OCC: JUNIOR ENGINEER TOWN PANCHAYATH, MUNDGOD (PRESENTLY ON DEPUTATION TO CITY MUNICIPAL COUNCIL, DANDELI) R/O BASAVESHWAR NAGAR, DANDELI DISTRICT: UTTAR KANNADA - 581 349.

... PETITIONER (BY SRI SUNIL S.DESAI, ADVOCATE )

AND:

1 . THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF URBAN DEVELOPMENT VIKAS SOUDHA, BENGALURU – 560 001.

2 . THE DIRECTOR DIRECTORATE OF MUNICIPAL ADMINISTRATION, 9^TH FLOOR DR.B.R.AMBEDKAR VEEDHI SIR M.VISHWESHWARAIAH TOWER BENGALURU – 560 001.

3 . THE DEPUTY COMMISSIONER UTTAR KANNADA – 581 349.

4 . THE CHIEF OFFICER TOWN PANCHAYAT, MUNDAGOD DISTRICT: UTTAR KANNADA – 581 349.

... RESPONDENTS (BY SMT. GIRIJA S.HIREMATH, HCGP FOR R1 TO R3;

R4 IS SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE 2^ND RESPONDENT TO REGULARIZE THE SERVICE OF THE PETITIONER IN THE OFFICE OF 4^TH RESPONDENT FROM THE DATE HE COMPLETES 10 YEARS OF SERVICE AND EXTEND ALL MONETARY BENEFITS FLOWING THERE FROM AS PER ANNEXURE A DATED 22.10.1999 IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 15.12.2025 COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-

CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA

CAV ORDER

The petitioner is before this Court seeking the following prayer:

1. “Issue a writ of mandamus directing the 2^nd respondent to regularize the service of the petitioner in the office of the 4^th respondent from the date he completes 10 years of service and extend all monetary benefits flowing therefrom as per Annexure-A dated 22-10-1999 in the interest of justice and equity;

2. Issue a direction to the 2^nd and 3^rd respondents to extend all other benefits attached to the post held by the petitioner including fixation of pay, extending the benefit immediately after completion of 10 years of service and to extend all other financial benefits attached to the post with arrears and interest thereon.

3. Pass such other order/orders as this Hon’ble Court deems fit, in the facts and circumstances of the case, including an order as to costs, in the interest of justice and equity.”

2. Heard Sri Sunil S. Desai, learned counsel appearing for the petitioner and Smt. Girija S. Hiremath, learned High Court Government Pleader appearing for respondents 1 to 3.

3. Facts, in brief, germane are as follows:-

3.1. The petitioner is said to have been appointed as a Junior Engineer in the 4^th respondent/Town Panchayat, Mundgod. His claim is that he was appointed against a sanctioned vacant post but on daily wages and he had requisite qualification to hold the post of Junior Engineer as on the date he was appointed on daily wages. The petitioner is now said to have completed 25 years of continuous service and as on date he is in the verge of retirement. In the year 1999, the petitioner is said to have been extended the benefit of equal pay for equal work like all other regular employees and claims to have become entitled to consideration for regularization of his service.

3.2. Pursuant to the judgment of the Apex Court in the case of STATE OF KARNATAKA v. UMADEVI – [(2006) 4 SCC 1], the State notified a circular directing steps to be taken for regularization of services of the employees who had worked for more than 10 years as on the said date. Since the petitioner had not completed 10 years of service, his case was not considered for regularization and continued to work in the Department of Rural Development and Panchayat Raj on daily wages. Several representations are said to have been submitted by the petitioner which had gone unheeded and the latest of the representations so submitted are appended to the pet