Authority: High Court of Karnataka at Bengaluru

Order Date: 6 December 2024

Case Overview

  • Petitioners: fifteen individuals (K.C. Jagadeesh, A. Narasimha, Karp A K., Palani, Rosaiah, Subramani, Ningaru S., Nagaraja G., Murugesh, Rajagopala, Venkatesh, Mahesha, Shridhara, G. Srinivasa, Gangadhara H.) employed as underground drainage (UGD) workers on daily wage since 1997.
  • Respondents: State of Karnataka (Chief Secretary, Principal Secretary – Urban Development), Directorate of Municipal Administration, Mysuru City Corporation, Deputy Commissioner, Mysuru.
  • Petition filed under Articles 226 and 227 seeking regularisation of service and extension of benefits, relying on representations annexures K and K1.
  • Petitioners submitted extensive documentary evidence: service certificates (Annexure‑B), bank payment extracts (Annexure‑C), identity cards (Annexure‑D), ESIC records (Annexure‑E), Provident Fund contributions (Annexure‑F), and appointment dates (Annexure‑A).
  • The petition invokes the Apex Court judgment in State of Karnataka & others v. Umadevi (2006) 4 SCC 1 and the earlier High Court order in W.P.No.50876/2019, which directed regularisation of similar daily‑wage workers.
  • The Court noted that the Karnataka Urban Development Secretariat notification dated 02‑04‑2011 framed Cadre and Recruitment Rules, placing the post of “UGD Helper” in Schedule‑IB; 264 sanctioned posts for UGD Helper remain vacant.
  • Respondent Corporation has not filled these posts by regular recruitment since 2011, a fact not contested.

Final Outcome

  • The Court issues a writ of mandamus to respondent No.4 (Mysuru City Corporation) to consider the regularisation of the petitioners’ services in accordance with the Umadevi judgment and the Government Order dated 25‑05‑2006, with effect from the date each petitioner completed ten years of service.
  • The impugned communication dated 27‑12‑2017 is quashed.
  • Respondents are directed to pass the necessary regularisation orders within three months of receipt of the certified copy of this judgment.
  • The petition is disposed off.

Topics: Regularisation of Municipal Workers; Judicial Mandamus; Urban Employment