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