Shrishail vs The State Of Karnataka And Ors

Citation : 2026 Latest Caselaw 2595 Kant
Judgement Date : 24 March, 2026

[Cites 2, Cited by 0]

Karnataka High Court

Shrishail vs The State Of Karnataka And Ors on 24 March, 2026

Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
                                                -1-
                                                           NC: 2026:KHC-K:2636
                                                        WP No. 203501 of 2024


                      HC-KAR




                                  IN THE HIGH COURT OF KARNATAKA

                                         KALABURAGI BENCH

                               DATED THIS THE 24TH DAY OF MARCH, 2026

                                              BEFORE
                           THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
                             WRIT PETITION NO. 203501 OF 2024 (S-DIS)


                      BETWEEN:

                      SRI SHRISHAIL
                      S/O CHANDRAKANT HIREMATH,
                      AGED ABOUT 36 YEARS,
                      OCC: DISTRICT MIS CONSULTANT,
                      R/O PLOT NO.55, J.R.NAGAR,
                      NEAR VEERABHADRESHWAR TEMPLE, ALAND ROAD,
                      KALABURAGI-585101.

                                                                   ...PETITIONER

                      (BY SMT. RATNA N. SHIVAYOGIMATH, ADVOCATE)

Digitally signed by
                      AND:
SWETA KULKARNI
Location: HIGH
COURT OF              1.   THE STATE OF KARNATAKA,
KARNATAKA                  REP BY ITS SECRETARY,
                           DEPARTMENT OF PANCHAYAT RAJ AND
                           RURAL DEVELOPMENT, M.S.BUILDING,
                           DR.B.R.AMBEDKAR VEEDHI,
                           BENGALURU-1.

                      2.   THE COMMISSIONER,
                           DEPARTMENT OF RURAL DRINKING WATER
                           AND SANITATION DEPARTMENT,
                           II FLOOR, KHB COMPLEX, KAVERY BHAVAN,
                           BENGALURU-9.
                           -2-
                                       NC: 2026:KHC-K:2636
                                    WP No. 203501 of 2024


HC-KAR




3.   THE CHIEF EXECUTIVE OFFICER,
     ZILLA PANCHAYAT, KALABURAGI,
     DIST. KALABURAGI. 585 102.

4.   THE DIRECTOR,
     RURAL DRINKING WATER AND
     SANITATION DEPARTMENT,
     BENGALURU-01.

5.   THE PROJECT DIRECTOR / NODAL OFFICER,
     SWACH BHARATH MISSION,
     ZILLA PANCHAYAT,
     KALABURAGI-585101

                                          ...RESPONDENTS

(BY VIRANAGOUDA M. BIRADAR, AGA FOR R1, R2 & R4
 SRI KRUPA SAGAR PATIL, ADVOCATE FOR R3 & R5)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, a)
ISSUE A WRIT OR DIRECTIONS OR ORDER WRIT IN THE
NATURE OF CERTIORARI, QUASHING THE ORDER DATED
02.08.2024 IN NO. Zipanka/DRDA/SwaBhami/E-34227/2024-
25/61 ISSUED BY RESPONDENT NO. 3, VIDE ANNEXURE-H. b)
ISSUE A WRIT OR DIRECTIONS OR ORDER WRIT IN THE
NATURE OF MANDAMUS, DIRECTING THE RESPONDENT NO. 3
TO REGULARIZE HIS SERVICES AS PER THE DIRECTION OF
THE HON'BLE COURT IN WP NO.201545/2018 AND
201543/2021 AND CONSIDER HIS REPERSENTATION VIDE
ANNEXURE-Q. c) ISSUE A WRIT OR DIRECTIONS OR ORDER
WRIT IN THE NATURE OF MANDAMUS, DIRECTING THE
RESPONDENT NO. 3 TO RELEASE THE SALARY WHICH IS
WITHHELD SINCE TWO YEARS, BY CONSIDERING THE
REPRESENTATION VIDE ANNEXURE-J. AND d) PASS ANY SUCH
ORDER OR ORDERS AS DEEMED FIT BY THIS HON'BLE COURT
UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE.

    THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
                                           -3-
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                                                      WP No. 203501 of 2024


HC-KAR




CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY


                                ORAL ORDER

1. This writ petition under Articles 226 and 227 of Constitution of India is filed seeking for the following releifs:

"A) Issue a writ or directions or order writ in the nature of Certiorari, quashing the order dated

02.08.2024 in No. Zipanka/Drda/Swabhami/E- 34227/2024-25/61 issued by Respondent no 3, vide Annexure-H. B) Issue a writ or directions or order writ in the nature of Mandamus, directing the Respondent no.3 to regularize his services as per the direction of the Hon'ble Court in WP No.201545/2018 and 201543/2021 and consider his representation vide Annexure-Q. C) Issue a writ or directions or order writ in the nature of Mandamus, directing the respondent no.3 to release the salary which is withheld since two years, by considering the representation vide Annexure-J. and D) Pass any such order or orders as deemed fit by this Hon'ble Court under the facts and -4- NC: 2026:KHC-K:2636 WP No. 203501 of 2024 HC-KAR circumstances of the case in the interest of justice and equity".

2. The petitioner who was appointed as a District Monitoring and Evaluate MIS consultant under the Nirmal Bharat Abhiyaan on contract basis on 20.05.2014, had earlier approached this Court in WP No.201543 of 2021 with a prayer to issue a writ of mandamus directing the competent authority to consider his representation for regularization of his service. The said writ petition along with the connected writ petition was disposed of on 04.10.2023 permitting the petitioners therein to submit a fresh representation within a period of three weeks and the concerned authority was directed to consider the said representation and pass appropriate orders within a period of eight weeks from the date of receipt of such representations from petitioners. It appears that, subsequently the petitioner was dismissed from service vide the order at Annexure-H dated 02.08.2024 and it is under these circumstances, the petitioner is before this Court seeking the aforesaid reliefs.

3. During the pendency of this petition, the petitioner has been reinstated. Therefore, prayer No.(a) made in this writ -5- NC: 2026:KHC-K:2636 WP No. 203501 of 2024 HC-KAR petition will not survive for consideration. Insofar as the other two prayers are concerned, if the petitioner is granted liberty to submit a fresh representation before respondent nos.2 and 3 seeking appropriate reliefs to regularize his service and also to pay arrears of the salary and if respondent nos.2 and 3 are directed to consider the same and pass appropriate orders in accordance with law, the same would serve the ends of justice.

4. Accordingly, the following:-

ORDER Writ petition is disposed of permitting the petitioner to submit an appropriate representation to regularize his service and also to release his salary arrears. If such a representation is filed along with copy of this order before respondent nos.2 and 3 within a period of two weeks from the date of receipt of copy of this order, respondent nos.2 and 3 shall consider the same and pass appropriate orders in accordance with law as expeditiously as possible but not later than a period of three -6- NC: 2026:KHC-K:2636 WP No. 203501 of 2024 HC-KAR months from the date of receipt of copy of such representation.
Sd/-
(S.VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 53 CT:PK