Sri.Ramesh Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Sri.Ramesh Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Direction to Respondent Nos.3 and 4 (Director, Directorate of Municipal Administration; Chief Officer, Town Municipal Council, Periyapattana) to consider the petitioner's representation dated 13.08.2021 (Annexure-S), together with any additional representation to be filed within two weeks, and take a decision in accordance with law within three months; no adjudication on the entitlement to regularization/permanent absorption itself.

Issue for consideration

Whether the respondents ought to be directed to consider the petitioner's representation (Annexure-S) seeking regularization/permanent absorption of his services in Respondent No.4 Town Municipal Council, which had remained undecided since 13.08.2021 despite liberty granted on 05.07.2021.

Court's answer

The Court recorded that although liberty had been granted in the earlier round (W.P.No.7839/2021) and the petitioner submitted a representation on 13.08.2021, no decision had been taken on that representation till the date of the order.

Ratio / Principle

Respondent Nos.3 and 4 were directed to consider the representation vide Annexure-S, along with any additional representation submitted by the petitioner, as expeditiously as possible and not later than three months from receipt of a copy of the order, in accordance with law.

Key takeaways

The petitioner was granted liberty to file an additional representation along with all necessary documents within two weeks from the date of receipt of a copy of the order.ratio¶47

Detailed headnote1 paragraphs

High Court of Karnataka at Bengaluru (H.T. Narendra Prasad, J.), W.P. No. 13661 of 2022 (S-REG), decided 16.09.2025 — Mandamus for consideration of long-pending representation seeking regularization. The petitioner, appointed as a Mechanic on a temporary basis by Respondent No.4 (Chief Officer, Town Municipal Council, Periyapattana) on a consolidated salary of Rs.1,200/- w.e.f. 01.04.1997, had earlier approached the Court in W.P.No.7839/2021 over non-payment of salary (November 2017 to 2019); arrears were paid during pendency and, by order dated 05.07.2021, liberty was granted to submit a fresh representation. The representation dated 13.08.2021 (Annexure-S) remained undecided for about four years. Without deciding entitlement to regularization, the Court directed Respondent Nos.3 and 4 to consider the Annexure-S representation, along with any additional representation the petitioner might file within two weeks, in accordance with law, within three months. Note: the prayer recites the representation as dated 07.08.2021, while the body of the order records it as dated 13.08.2021.

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF SEPTEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO.13661 OF 2022 (S-REG)

BETWEEN:

SRI. RAMESH S/O NAGEGOWDA AGED ABOUT 50 YEARS RESIDING AT POST OFFICE ROAD NEAR BUS STAND PERIYAPATTANA -571107 MYSORE DISTRICT.

…PETITIONER

(BY SRI. ANANDRAMA K, ADV.,)

Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA

AND:

THE STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT REPRESENTED BY ITS PRINCIPAL SECRETARY VIDHANA SOUDHA BANGALORE-560001.

THE DEPUTY COMMISSIONER MYSORE DISTRICT MYSORE-570005.

THE DIRECTOR DIRECTORATE OF MUNICIPAL ADMINISTRATION AMBEDKAR ROAD 9TH AND 10TH FLOOR VISHVESHWARAIAH TOWER BANGALORE-560001.

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THE CHIEF OFFICER TOWN MUNICIPAL COUNCIL PERIYAPATTANA TALUK MYSORE DISTRICT-571107.

THE PROJECT DIRECTOR DISTRICT URBAN DEVELOPMENT CELL MYSORE DISTRICT MYSORE-570005.

…RESPONDENTS

(BY SRI. B.J. ESWARAPPA, AGA FOR R1 TO R3 & R5 SRI. PRABHAKAR M.B. ADV., FOR R4)

THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS. ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION DTD 07.08.2021 AT ANNEXURE-S SUBMITTED BY THE PETITIONER AND PASS APPROPRIATE ORDERS REGULARIZING/PERMANENTLY ABSORBING THE SERVICES OF THE PETITIONER IN R4 TOWN MUNICIPAL COUNCIL IN THE INTEREST OF JUSTICE AND EQUITY & ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

ORAL ORDER

In this writ petition, the petitioner has sought for

following relief/s:

“ a) Call for records;

b) Issue a Writ of Mandamus or any other Writ, order or direction directing the Respondents to consider the representation dated 07.08.2021 (Annexure S)

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submitted by the Petitioner and pass appropriate orders regularizing / permanently absorbing the services of the Petitioner in Respondent No.4 Town Municipal Council in the interest of justice and equity;

c) Issue a Writ of Mandamus or any other Writ, order or direction directing the Respondents to permit the Petitioner to attend work and sign the attendance register in the Respondent No.4, Town Municipal Council in the interest of justice and equity.

d) Grant costs of the proceedings;

e) Issue any other appropriate writ, order or direction as deemed fit in the facts and circumstances of the case to meet the ends of justice.”

The case of the petitioner is that he was appointed as a Mechanic on a temporary basis by respondent No.4 on a consolidated salary of Rs.1,200/- with effect from 01.04.1997. Since his appointment, the petitioner has been diligently performing and discharging all the duties assigned to him in respondent No.4-Town Municipal Council. However, his salary was not paid for the period from November 2017 to 2019. As a result, the petitioner approached this Court in

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W.P.No.7839/2021. During the pendency of that petition, the respondents have paid the arrears of salary.

In respect of his regularization is concerned, this Court, by order dated 05.07.2021, granted liberty to the petitioner to submit a fresh representation. Accordingly, the petitioner submitted a representation dated 13.08.2021 vide Annexure-S. However, no decision has been taken on the said representation till date. Hence, the petitioner is before this Court.

The learned counsel for the petitioner submitted that the representation was submitted on 13.08.2021. Even after four years, no decision has been taken. He placed reliance on the order of this Court in W.P.No.100556/2024, disposed of on 20.02.2025. In terms of that order, he sought for consideration of his representation.

Be that as it may, pursuant to the liberty granted by this Court in the earlier round of litigation in W.P.No.7839/2021, the petitioner submitted a representation on 13.08.2021. Till today, no decision has been taken on that representation. Under these circumstances, it is sufficient for this Court to direct respondent

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Nos.3 and 4 to consider the representation submitted by the petitioner, in accordance with law.

The petitioner is also at liberty to file an additional representation along with all necessary documents within two weeks from the date of receipt of a copy of this order.

Respondent Nos.3 and 4 are directed to consider the representation vide Annexure-S along with any additional representation submitted, as expeditiously as possible, not later than three months from the date of receipt of a copy of this order.

Sd/(H.T. NARENDRA PRASAD) JUDGE

HA List No.: 1 Sl No.: 38 CT:MS