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2026 Supreme(Online)(Kar) 22774
THE HIGH COURT OF KARNATAKA
S.R.Krishna Kumar, J
Kavitha S. – Appellant
Versus
State of Karnataka – Respondent
WP No. 33417 of 2024
For the Appellants/Petitioners: G. Gurumath, Sadhana S. Desai
For the Respondents: G. Ramesh Naik, B. L. Sanjeev
Government entities acting as constitutional employers cannot use contractual nomenclature or outsourcing labels to indefinitely deny regularisation to employees performing perennial, essential duties. Such denial, without cogent justification, constitutes an arbitrary exercise of power violating the constitutional mandate of fairness and equality.
Headnote:(A) Constitution of India - Articles 14, 16, and 21 - Employment - Regularisation of service - State as constitutional employer - Outsourcing and contract labour - Prohibition against exploitative engagement - Requirement to regularise long-serving employees performing perennial functions - The State acts as a model employer and cannot use contractual nomenclature as a shield against constitutional obligations - Mere labelling of employment is not a decisive factor when work is ongoing and essential - Regularisation is appropriate for irregular appointments that are not illegal, particularly when employees have completed long years of service and the nature of duty is inherent to institutional functioning. (Paras 8-16)
Facts of the case:
A group of employees working as teachers and repair personnel sought regularisation of their services, having served for over two decades. The authorities rejected their request, citing a lack of provision for such positions under governing cadre and recruitment rules. The employees challenged the endorsement before the court, seeking a mandamus for regularisation and consequential benefits, citing the perennial nature of their work and their long history of service.
Findings of Court:
The court observed that the authorities acted in an arbitrary manner by relying solely on contractual labels to deny job security. The court noted that in the absence of cogent evidence of a genuine outsourced arrangement, the State's rejection could not stand. The court affirmed that government entities, acting as constitutional employers, must ensure fair treatment in line with the equality mandate. It was determined that the petitioners' roles were integral to the functioning of the institution and that long-serving employees performing such roles are entitled to consideration for regularisation.
Issues: The main issues were whether contractual nomenclature precludes a claim for regularization, whether long-term continuous service in perennial roles confers a right to regularisation, and whether the respondent failed to act as a model employer by denying benefits to long-serving workers.
Ratio Decidendi: The court held that judicial review must look beyond surface labels of employment to the realities of service. Since the work was perennial and the petitioners performed fundamental functions for decades, the denial of regularisation on the basis of procedural formalities or contractual labels was arbitrary and violative of constitutional rights. The State's failure to provide a speaking order or genuine justification for its refusal warranted the quashing of the impugned endorsement. Result : Petition allowed; impugned endorsement quashed; directions issued for consideration of regularisation.
| Table of Content |
|---|
| 1. petitioners seek regularization of long-term service. (Para 2) |
| 2. parties contest regularization based on rules and precedents. (Para 3 , 4 , 5 , 6 , 7) |
| 3. constitutional employers must regularize perennial, long-serving temporary employees. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. court grants relief quashing endorsement and directs consideration. (Para 18) |
BETWEEN:
1. SMT KAVITHA S.,
W/O R. SOUNDERRAJAN
AGED ABOUT 55 YEARS,
R/AT NO.3, 3RD J MAIN ROAD,
4TH CROSS, RAMAIAH LAYOUT,
KAMMANAHALLI, BENGALURU – 560 084.
EMP ID NO.: 14600
2. SMT. VINODA L.,
W/O M. N. PRAKASH,
AGED ABOUT 58 YEARS,
R/AT SRI KRISHNA NILAYA,
ASHTALAKSHMI LAYOUT, 1ST CROSS,
J. P. NAGAR, 7TH PHASE,
BENGALURU – 560 078
EMP ID NO.: 15787
3. SMT. SHEELA J.,
W/O JAI PRAKASH S.B.
AGED ABOUT 54 YEARS
R/AT NO.72, 7TH BLOCK,
JANAPRIYA HEAVENS, ALLALASANDRA,
YALAHANKA, BENGALURU NORTH,
G.K.V.K. BENGALURU – 560 065.
EMP ID NO.: 14709
4. SMT. SHAHZADI BI
W/O YOUSUF SHARIFF
AGED ABOUT 59 YEARS,
R/AT NO.90/2,
BHAKTHA MARKENDEYA LAYOUT,
VITTALA NAGAR, BENGALURU SOUTH,
BENGALURU – 560 026.
EMP ID NO.: 15837
5. SMT. JOSEPHINE
W/O RAPHAEL FRANCIS
AGED ABOUT 54 YEARS,
R/AT NO.3, AVE MARIA NILAYA
7TH CROSS, MANDI MARIYAPPA REDDY ROAD,
MARIYANAPALYA, BENGALURU NORTH
H.A FARM, BENGALURU – 560 024.
EMP ID NO.: 19185
6. SMT. M. GAUDHAMI
D/O P. MAHADEVAN
AGED ABOUT 55 YEARS,
NO.632, 1ST CROSS, KULLAPPA CIRCLE
NEAR SUPER BAZAAR, KAMMANAHALLI,
ST.THOMAS TOWN, BENGALURU NORTH TALUK
BENGALURU – 560 084.
EMP ID NO.: 14593
7. SMT. J. JASINTHA
D/O C.S. MANI
AGED ABOUT 59 YEARS
R/AT NO.17-3, G STREET, 7TH CROSS,
E AND F ROAD, 3RD MAIN ROAD,
GORIPALYA, J.J.NAGAR,
BENGALURU – 560 026
EMP ID NO.: 14725
8. SMT. MANJULA G.
W/O MUDALAGIRAIAH C.S.
AGED ABOUT 47 YEARS,
R/AT NO.205/154, 2ND MAIN, 1ST CROSS,
BAPUJI NAGAR, MARUTHI NAGAR,
BENGALURU – 560 026
EMP ID NO.: 14714
9. SMT. PADMA
W/O DEVARAJU C.
AGED ABOUT 53 YEARS
R/AT NO.291, 6TH CROSS,
BEHIND GEETHA ASHRAMA,
NEW KAVIKA LAYOUT, MYSORE ROAD,
BENGALURU ELECTRIC FACTORY,
BENGALURU – 560 026.
EMP ID NO. 14684
10. SMT. NAVITHA K.,
W/O LATE.N.L. VENKATESH,
AGED ABOUT 51 YEARS
R/AT NO. 193, 2ND MAIN,
2ND CROSS, NEAR GANESH BHAVAN,
HANUMANTHANAGAR,
BENGALURU – 560 019.
EMP ID NO. 14727
11. SMT. SATHYAVATHI GURURAJ
W/O K.N. RAGHAVENDRA RAO
AGED ABOUT 58 YEARS
R/AT NO. 30, 10TH MAIN, 6TH CROSS
MARUTHI NAGAR, MALLESH PALYA,
NEW THIPPASANDRA,
BENGALURU NORTH TALUK
BENGALURU – 560 075
EMP ID NO. 14509
12. SMT. SHOBHA S.,
W/O GOPI KRISHNA M.,
AGED ABOUT 53 YEARS,
R/AT NO.48, 7TH CROSS, 4TH MAIN
SAMPANGIRAM NAGAR, BENGALURU SOUTH
WILSON GARDEN, BENGALURU – 560 027.
EMP ID NO. 14615
13. SMT. K. SHEELA
W/O BABU
AGED ABOUT 58 YEARS
R/AT NO.381, ITC ROAD,
KAMMANAHALLI MAIN ROAD,
MARUTHI SEVA NAGAR, RAMASWAMY PALYA,
BENGALURU NORTH TALUK,
BENGALURU – 560 033.
EMP ID NO. 14528
14. SMT. J. ANITHA
W/O N.K.CHANDRA SHEKAR,
AGED ABOUT 52 YEARS
R/AT NO.1932, 39TH MAIN,
28TH CROSS, D-GROUP LAYOUT
NEAR AGSTHYA VIDHYA NIKETHAN SCHOOL
SREE GANDHADA KAVALU
GIDADAKONENAHALLI,
BENGALURU – 560 091.
EMP ID NO. 14669
15. SMT. KAMALA K.,
W/O BABU
AGED ABOUT 55 YEARS
R/AT NO.92/1, 3RD CROSS,
BANK ROAD, N.C.COLONY,
NEAR GOVT. SCHOOL, BENSON TOWN
BENGALURU NORTH,
BENGALURU – 560 046
EMP ID NO. 14540
16. SMT. P. DHANALAKSHMI
D/O M.POOJAHANUMAIAH,
AGED ABOUT 56 YEARS
R/AT NO.47, 3RD CROSS,
1ST MAIN, OPP. MARUTHY THEATRE,
RAJGOPALA NAGARA, BENGALURU NORTH
BENGALURU – 560 058
EMP ID NO. 14707
17. SMT. SHAKUNTHALA N. C.
D/O CHANDULAL
AGED ABOUT 58 YEARS
R/AT NO.1-B, 15TH STREET,
SHIVAJI ROAD, SHIVAJI NAGAR
KHP ROAD, BENGALURU NORTH
BENGALURU – 560 051
EMP ID NO. 14616
18. SMT. VIJAYA P.
C/O K.S. GANESH SHET,
AGED ABOUT 54 YEARS
R/AT NO.214/6, 14TH MAIN ROAD,
A BLOCK, SUBRAMANYA NAGARA
SRIRAMPURA POST,
BENGALURU – 560 021
EMP ID NO. 14677
19. SMT. M. R. NAGARATHNA
C/O K. S. NAGARAJA
AGED ABOUT 55 YEARS
R/AT NO.54, HARSHA NILAYA
2ND MAIN ROAD, MINI BRIDGE ROAD
BHUVANESHWARI NAGARA,
K.P.AGRAHARA, MAGADI ROAD,
BENGALURU – 560 023
EMP ID NO. 14721
20. SRI. B. K. ANANDA KUMAR
S/O KRISHNAPPA
AGED ABOUT 59 YEARS
R/AT NO.222/B, 9TH B MAIN
1ST CROSS, VIJAYANAGARA
BENGALURU – 560 040
EMP ID NO. 14758
21.
