Karnataka High Court
Siddaraju Since Dead By His Legal ... vs The State Of Karnataka on 22 February, 2022
Bench: H T Prasad
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF FEBRUARY 2022
BEFORE
THE HON'BLE MR. JUSTICE H. T. NARENDRA PRASAD
WRIT PETITION No.905/2022(S-RES)
BETWEEN:
SIDDARAJU SINCE DEAD
BY HIS LEGAL REPRESENTATIVES
1. KAMALAKSHI
W/O LATE SIDDARAJU
AGED ABOUT 41 YEARS.
2. S HEMANTH KUMAR
S/O LATE SIDDARAJU
AGED ABOUT 26 YEARS.
3. LAVANYA
D/O LATE SIDDARAJU
AGED ABOUT 24 YEARS
ALL R/AT NO.1735
12TH CROSS ASHOKAPURAM
MYSORE-570007. ...PETITIONERS
(BY SRI.SHARATH S GOWDA, ADV.(PH)
[[ AND
1. THE STATE OF KARNATAKA
REP BY ITS CHIEF SECRETARY
VIDHANA SOUDHA
2
B R AMBEDKAR VEEDHI
BANGALORE-560001.
2. THE STATE OF KARNATAKA
REP BY THE PRINCIPAL SECRETARY
DEPARTMENT OF URBAN DEVELOPMENT
VIKASA SOUDHA, B R AMBEDKAR VEEDHI
BENGALURU-560001.
3. DIRECTORATE OF MUNICIPAL
ADMINISTRATION
REP BY ITS SECRETARY
DR B.R. AMBEDKAR ROAD
9TH AND 10TH FLOOR
VISHVESHWARAIAH TOWER
BENGALURU-560 001.
4. MYSURU CITY CORPORATION
NEW SAYYAJI RAO ROAD
MYSURU -570024
REP BY ITS COMMISSIONER.
5. THE DEPUTY COMMISSIONER
MYSURU, KRISHNARAJA BOULVARD ROAD
MYSURU DISTRICT
MYSURU-570001. ...RESPONDENTS
(BY SMT.M.C. NAGASHREE, AGA FOR E1 TO R3 & R5;
SMT. GEETHA DEVI M.P. ADV. FOR R4(VC))
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AN D227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ENDORSEMENT DATED 27.12.2017
ISSUED BY THE R5 VIDE ANNEXURE-A & DIRECT THE
RESPONDENTS AUTHORITIES TO CONSIDER THE SERVICE
OF LATE SIDDARAJU AS DEEMED REGULARIZED FOR THE
PURPOSE OF DISBURSING RETIREMENT AND OTHER
CONSEQUENTIAL SERVICE BENEFITS INCLUSIVE OF
3
PENSIONARY BENEFITS TO HIS LEGAL REPRESENTATIVES
AND ETC.
THIS WRIT PETITION COMING ON FOR ORDER THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri Sharath S. Gowda, learned counsel
appearing for the petitioners, Smt. Geethadevi M.P.,
learned counsel for respondent No.4 as well as
Smt. M. C. Nagashree, learned Additional Government
Advocate for respondent Nos.1 to 3 and 5.
2. Both learned counsel for the parties
submits that the issue involved in this writ petition is
covered by the order of this Court in
W.P.No.50876/2019 and connected matters disposed
of on 21.10.2020 and the same has been confirmed
by the Division Bench of this Court in
W.A.No.629/2021 dated 13.07.2021. Therefore, they
submits that this writ petition could be disposed of in
terms of the order passed in W.P.No.50876/2019 and
connected matters dated 21.10.2020.
3. This Court following the judgment of
Co-ordinate Bench of this Court passed in
W.P.No.50876/2019 and connected matters, has
disposed of the W.P.No.12224/2020 on 25.08.2021.
During the pendency of W.P.No.12224/2020, one
Siddaraj (petitioner No.12 therein), who is the
husband of petitioner No.1 and father of petitioner
Nos.2 and 3 herein died and this Court reserved the
liberty to the legal representatives of deceased-
Siddaraju to agitate their grievance, if any, in
accordance with law. Hence, the legal representatives
of deceased-Siddaraju has filed this writ petition.
4. The operative portion of the order passed
in W.P.No.50876/2019 and connected matters reads
as follows:
"13. In that view of the matter, this
Court is of the considered opinion that the writ
petitions are required to be partly allowed.
Consequently this Court proceeds to pass the
following:
ORDER
1. A writ of mandamus issues to respondent
No.5-Deputy Commissioner, Mysuru, to
consider the case of the petitioners for
regularization of their services in terms of
the directions given by the Apex Court in
the case of Uma Devi and the Government
Order dated 25.05.2006 from the date on
which the petitioners completed ten years of
service.
2. The impugned communication dated
27.12.2017 is hereby quashed and set
aside.
3. In case of the petitioners who have attained
the age of superannuation subsequent to
filing of these writ petitions, their cases also
shall be considered for deemed
regularization and after the order of deemed
regularization is passed with respect to such
of the petitioners, all the retrial benefits as
is available for a regular employees shall be
given.
4. In case of such of the petitioners who
continued to work in terms of the interim
orders passed by this Court, their salaries
shall be paid for the services rendered by
them pursuant to the interim orders.
It is ordered accordingly."
Accordingly, the above writ petition is disposed
of in terms of the order passed by this Court in
W.P.No.50876/2019 and connected matters disposed
of on 21.10.2020.
The respondents are directed to consider the
case of the petitioners within four months from the
date of receipt of copy of this order.
Sd/-
JUDGE
HA/-
