Sri. Venkataiah. C. Vs the Principal Secretary — Writ and Judicial Review | Karnataka HC (2026)

Sri. Venkataiah. C. Vs the Principal Secretary — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Writ petition allowed; impugned endorsement dated 31.03.2023 issued by respondent No.2 (Annexure-O) quashed; respondents directed to reconsider the representation dated 10.04.2023 (Annexure-P) considering the mandate laid down in Sukhendu Bhattacharjee v. State of Assam, Civil Appeal No.4514/2025, and pass appropriate orders in accordance with law within one month from receipt of copy of the order; pending IA(s) disposed of accordingly.

Issue for consideration

Whether the services of the petitioners, casual labourers/DREs working in respondent No.3 university for more than 10 years without interruption, are required to be regularized in permanent nature with consequential benefits. +1 more

Court's answer

It is an undisputed fact, not denied by the respondents, that the petitioners are working in respondent No.3 university for more than 10 years without interruption.

Ratio / Principle

The petitioners' services are required to be regularized in view of the proposition laid down by the Hon'ble Apex Court in Sukhendu Bhattacharjee and others Vs. State of Assam and others, Civil Appeal No.4514/2025, disposed of on 21.05.2026.

Key takeaways

The impugned endorsement issued by respondent No.2 is contrary to the proposition laid down by the Hon'ble Apex Court (Sukhendu Bhattacharjee, referred supra) and is therefore liable to be quashed.ratio¶77

Detailed headnote1 paragraphs

Service law - Regularization - Thirteen petitioners, casual labourers/DREs attached to the Departments of Livestock Farm Complex, Veterinary Extension, and Veterinary Pharmacology and Toxicology, KVAFSU Veterinary College, Hebbal, working under respondent No.3 for more than 10 years without interruption - Fact undisputed and not denied by respondents - Endorsement No.R/RECT/CASUAL LABOURS/ENDORSEMENT/2022-23/6381 dated 31.03.2023 issued by respondent No.2 (Vice-Chancellor, KVAFSU) rejecting regularization (Annexure-O) quashed - Court held the petitioners' services are 'required to be regularized' in view of the proposition laid down by the Supreme Court in Sukhendu Bhattacharjee v. State of Assam, Civil Appeal No.4514/2025 (disposed of 21.05.2026), whose quoted para 76 records that Umadevi cannot be invoked as a blanket barrier to prolonged temporary/ad hoc engagement, that the illegal/irregular distinction and long continuous service are relevant, and that decades-long retention under deceptively titled designations has been disapproved - Respondents directed to reconsider the representation dated 10.04.2023 (Annexure-P) in light of the mandate in Sukhendu Bhattacharjee and pass appropriate orders in accordance with law within one month of receipt of copy of the order - Pending IA(s) disposed of - Writ petition under Articles 226 and 227 allowed (Ashok S. Kinagi, J.).

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF JUNE, 2026

BEFORE

THE HON'BLE MR. JUSTICE ASHOK S.KINAGI

WRIT PETITION NO. 13641 OF 2023 (S-RES)

BETWEEN:

SRI. VENKATAIAH. C. S/O CHIKKABYLAPPA AGED ABOUT 55 YEARS

SRI N RAMAKRISHNAIAH S/O NARAYANAPPA, AGED ABOUT 61 YEARS

SMT PUTTASIDDAMMA W/O LATE SHANKAR P .R. AGED ABOUT 55 YEARS

Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA

SMT MAHADEVAMMA W/O VENAKTARAMANAPPA H .T. AGED ABOUT 57 YEARS

SMT LAKSHAMMA W/O RAMAKRISHNAIAH .N AGED ABOUT 55 YEARS

SMT PADMAMMA W/O B NANJAPPA AGED ABOUT 52 YEARS

SRI MUNIVENKATAPPA S/O NARASAPPA AGED ABOUT 56 YEARS

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SMT GOWRAMMA W/O NARASIMHAIAH AGED ABOUT 60 YEARS

SRI SHIVAMADEGOWDA S/O SANNA MADEGOWDA AGED ABOUT 61 YEARS

SRI VENKATAHANUMAIAH S/O NARASIMAIAH AGED ABOUT 49 YEARS

SMT GEETHA D/O MUNISWAMAPPA AGED ABOUT 49 YEARS

PETITIONER Nos. 1 TO 11 ARE CASUAL LABOURERS WORKING IN DEPARTMENT OF LIVESTOCK FARM COMPLEX, KVAFSU, VETERINARY COLLEGE HEBBAL, BENGALURU - 560024

SMT N JAYAMMA D/O NAGAIAH AGED ABOUT 53 YEARS WORKING AT DEPARTMENT OF VETERINARY EXTENSION KVAFSU, VETERINARY COLLEGE HEBBAL, BENGALURU - 560024

SMT NAGAMMA W/O RANGANATH AGED ABOUT 49 YEARS WORKING IN DEPARTMENT OF VETERINARY PHARMACOLOGY AND TOXICOLOGY, KVAFSU, VETERINARY COLLEGE HEBBAL, BENGALURU - 560024

…PETITIONERS

(BY SMT. HEMA KARIYAPPA, ADVOCATE)

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AND:

THE PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA, DEPARTMENT OF ANIMAL HUSBANDRY AND FISHERIES, VIKASA SOUDHA, BENGALURU - 560001 REPRESENTED BY ITS SECRETARY

THE VICE CHANCELLOR THE KARNATAKA VETERINARY ANIMAL AND FISHERIES SCIENCE UNIVERSITY POST BOX NO 6, NANDI NAGAR, BIDAR - 585401, REPRESENTED BY ITS REGISTRAR

THE PROFESSOR AND HEAD OF THE DEPARTMENT OF INSTRUCTIONAL LIVESTOCK FARM COMPLEX, BANGALORE - 560024 VETERINARY COLLEGE KAVAFSU HEBBAL, BENGALURU - 560024

…RESPONDENTS

(BY SRI. G. RAMESH NAIK, AGA FOR R1 VAISHALI HEGDE, ADVOCATE FOR R2 & R3 (VK FILED FOR R2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT ISSUED BY THE R-2 BEARING NO.R /RECT/CASUAL LABOURS/ENDORSEMENT/2022-23/6381 DTD 31.03.2023 VIDE ANNX-O BY ISSUE OF WRIT OF CERTIORAR, DIRECTING THE RESPONDENTS AUTHORITY TO CONSIDER REPRESENTATION DTD 10.04.2023 MADE BY THE PETITIONER VIDE ANNX-P TO REGULARIZE THEIR SERVICES IN PERMANENT NATURE WITH ALL CONSEQUENTIAL BENIFITS

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SUCH AS PENSION ARREARS OF SALARY AND OTHER MONETARY BENEFITS TO THE PETITIONERS DIRECTING THE RESPONDENT AUTHORITIES TO OBEY THE HON’BLE HIGH COURT ORDER DTD 30.09.2022 PASSED IN WP NO. 7589/2022 (S RES) VIDE ANNX-M.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

ORAL ORDER

The petitioners filed this writ petition seeking the

following prayer:

i) quash the endorsement issued by the Respondent No.2 bearing No.R/Rect/Casual Labours/ Endorsement/2022-23/638 dated 31/03/2023 vide Annexure-O, by issue of writ of certiorari,

ii) To issue writ of mandamus, directing the Respondents authority to consider representation dated 10/04/2023 made by the Petitioners vide Annexure-P, to regularize their services in permanent nature with all consequential benefits such as pension, arrears of salary and other monetary benefits to the Petitioners.

iii) To issue writ of mandamus, directing the Respondents authorities to obey the Hon'ble High Court order dated 30/09/2022 passed in WP No.7589/2022 (S-RES) vide Annexure-M,

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iv) issue any appropriate writ, order or direction as deemed fit in the circumstances of the case in the interest of justice.

2. Brief facts leading rise to the filing of this writ

petition are as follows:

The petitioners have joined the services as DRE working in respondent No.3 authorities for more than 2530 years and the respondent No.2 has issued a notification dated 12.09.2014 vide Annexures A and B, whereby university has taken a decision and that those who have joined after 01.07.1984 and those have completed 10 years continuous services as on 10.04.2006 are eligible to regularise their services in permanent nature with all consequential benefits. The petitioners are eligible, as such, they have made a representation before the respondents authorities to consider their services as permanent in nature, but the respondents have not considered the same and issued an endorsement by rejecting the request made by the petitioners for regularization. Hence, this writ petition.

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2. Heard the arguments of the learned counsel for

the petitioners, learned counsel for respondents No.2, and

learned Additional Government Advocate.

3. Learned counsel for the petitioners submits that

the petitioners have joined the services of DRE working in the respondent No.3 for last more than 10 years. Their services are required to be regularized in view of the proposition laid down by the Hon'ble Apex Court in the case of Sukhendu Bhattacharjee and others Vs. State

of Assam and others reported in Civil Appeal No.4514/2025 . Hence, on these grounds, he prays to allow the petition.

4. Per contra , learned counsel for respondent No. 2 supported the impugned order, and prays to dismiss the writ petition.

5. Perused the records and considered the submissions of the learned counsel for the parties.

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6. It is an undisputed fact that the petitioners are

working in respondent No.3 university for more than 10

years without interruption. The said fact has not been denied by the respondents. Their services are required to be regularized in view of the proposition laid down by the Hon'ble Apex Court in the case of Sukhendu Bhattacharjee and others Vs. State of Assam and others reported in Civil Appeal No.4514/2025 disposed of on 21.05.2026. The Hon'ble Apex Court held in para 76, which reads as follows:

“76. What emerges from the principles enunciated in the aforesaid decisions is that the State cannot rely upon the mere form of engagement to deny fair and equitable treatment to employees who have served it for long years. The consistent thread running through these judgments is that Umadevi (supra) cannot be invoked as a blanket barrier to justify prolonged and continued engagements of a temporary or ad hoc nature, especially where the employees have been discharging essential and recurring functions of

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the State. The Court has repeatedly emphasised that the distinction between "illegal" and "irregular" appointments must be kept in view, that long and continuous service is a relevant consideration, and that the State, as a model employer, is under a constitutional obligation to act with fairness, consistency and reasonableness. The practice of retaining employees for decades under deceptively titled designations, while simultaneously extracting regular work integral to the administration, has been disapproved consistently.

6.1 The Hon'ble Apex Court, while dispose off the said application, has considered the judgments in the cases of Dharam Singh vs. State of U.P reported in 2025 INSC 998 , J aggo V. Union of India reported in 2024 SCC Online SC 3826 , Shripal and another vs. Nagar Nigam, Ghaziabad reported in 2025 SCC Online SC 221 . Hence, the impugned endorsement issued by respondent No.2 is contrary to the proposition laid down by the Hon'ble Apex Court in the case (referred supra).

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Hence, on these grounds, the impugned order is liable to

be quashed.

7. In view of the above discussion, I proceed to

pass the following order:

ORDER

i. The writ petition is allowed .

ii. The impugned endorsement issued by respondent No.2 vide Annexure-O is hereby quashed;

iii. The respondents are directed to reconsider the representation dated 10.04.2023 vide AnnexureP. While passing the order, the respondents are directed to consider the mandate laid down in the case of Sukhendu

Bhattacharjee and others Vs. The State of Assam and others reported in Civil Appeal No.4514/2025 and pass appropriate orders in accordance with law

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within one month from the date of receipt

of copy of this order.

iv. Pending IA/s, if any, stands disposed of

accordingly.

Sd/(ASHOK S.KINAGI) JUDGE

SKS