Karnataka High Court
Shivashankrappa Basappa Itagi vs The State Of Karnataka, R/By, The ... on 16 October, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2025:KHC-D:14048
WP No. 103754 of 2025
AND CONNECTED MATTERS
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 16TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 103754 OF 2025 (S-R)
C/W
WRIT PETITION NOS. 103769 OF 2025 (S-R),
104120 OF 2025 (S-RES), 104130 OF 2025 (S-REG),
104145 OF 2025 (S-RES), 104148 OF 2025 (S-REG),
104568 OF 2025 (S-R), 104569 OF 2025 (S-RES),
104570 OF 2025 (S-RES), 104571 OF 2025 (S-RES),
104572 OF 2025 (S-RES), 104573 OF 2025 (S-RES),
104574 OF 2025 (S-RES), 104575 OF 2025 (S-R),
104587 OF 2025 (S-RES), 104589 OF 2025 (S-RES),
104590 OF 2025 (S-RES), 104946 OF 2025 (S-R),
104951 OF 2025 (S-R), 105026 OF 2025 (S-RES),
105122 OF 2025 (S-RES), 105123 OF 2025 (S-RES)
IN WP NO. 103754/2025
BETWEEN:
SHANKAR P. BAGALI,
AGE. 61 YEARS, OCC. RETIRED OFFICE SUPTD ,
R/O. WARD NO.5, CHALUKYA NAGAR,
BADAMI, DIST. BAGALKOT - 587 201.
...PETITIONER
Digitally signed (BY SRI. RAJA RAGHAVENRA NAIK, ADVOCATE)
by VISHAL
NINGAPPA
PATTIHAL AND:
Location: High
Court of
Karnataka, 1. THE STATE OF KARNATAKA,
Dharwad Bench, REPRESENTED BY THE PRINCIPAL SECRETARY,
Dharwad
DEPARTMENT OF HIGHER EDUCATION,
M.S. BUILDING, 6TH FLOOR,
BENGALURU - 560 001.
2. THE PRINCIPAL SECRETARY,
DEPARTMENT OF SCHOOL EDUCATION,
MS BUILDING, BENGALURU - 560 001.
3. THE COMMISSIONER,
COLLEGIATE AND TECHNICAL EDUCATION,
SHESHADRI ROAD, BENGALURU - 560 001.
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NC: 2025:KHC-D:14048
WP No. 103754 of 2025
AND CONNECTED MATTERS
HC-KAR
4. THE DIRECTOR OF VOCATIONAL EDUCATION,
SCHOOL EDUCATION DEPARTMENT/
PRE-UNIVERSITY BOARD
18TH CROSS, SAMPIGE ROAD,
MALLESHWARAM, BENGALURU - 560 012.
5. THE JOINT DIRECTOR OF COLLEGIATE EDUCATION,
MINI VIDHAN SOUDHA, DHARWAD - 580 001.
6. THE DEPUTY DIRECTOR,
SCHOOL EDUCATION AND PRE-UNIVERSITY DEPARTMENT
RODDA ROAD, DHARWAD - 580 001.
...RESPONDENTS
(BY SMT. KIRILATA R. PATIL, HCGP FOR RESPONDENT/STATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS
FROM THE RESPONDENTS PERTAINING TO THE IMPUGNED ORDER.
ISSUE A WRIT IN THE NATURE OF WRIT CERTIORARI DECLARING
THAT SECTION 5(1) OF THE KARNATAKA PART-TIME JOB ORIENTED
COURSE EMPLOYEES ABSORPTION ACT 2011 AS
UNCONSTITUTIONAL AND UNENFORCEABLE (ANNEXURE-B) AND
CONSEQUENTLY QUASH THE IMPUGNED CONDITION NO.1 IN THE
ABSORPTION ORDER DATED 31.08.2015 (ANNEXURE-C). BEARING
NO. KA.SHI.E/127/KHAHUMA/2011-12/NEPAVI-2(BHAG-3),
BANGALORE INSOFAR PETITIONER CONCERNED. ISSUE A WRIT OR
ORDER DIRECTING THE RESPONDENTS TO RECKON THE SERVICE OF
THE PETITIONER FROM THE DATE OF INITIAL ENTRY TILL THE DATE
OF REGULARIZATION FOR THE PURPOSE OF FIXATION OF PAY,
PENSIONARY BENEFITS AND FURTHER DIRECT THEM TO PAY ALL
CONSEQUENTIAL MONETARY BENEFITS INCLUDING PENSION
FORTHWITH AND ETC.,
IN WP NO. 103769/2025
BETWEEN:
SOUBHAGYA K C/O. VEERAPPA N.,
AGE. 61 YEARS, OCC. RETIRED WORKER TEACHER,
R/O: 146, 6TH WARD, MATTERA ONI HARAPANAHALLI,
DIST. VIJAYANAGAR - 583 131.
...PETITIONER
(BY SRI. RAJA RAGHAVENRA NAIK, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
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NC: 2025:KHC-D:14048
WP No. 103754 of 2025
AND CONNECTED MATTERS
HC-KAR
R/BY THE PRINCIPAL SECRETARY,
DEPARTMENT OF SCHOOL EDUCATION AND LITERACY,
2ND GATE, 6TH FLOOR, M.S. BUILDING,
DR AMBEDKAR VEEDHI BENGALURU - 560 001.
2. THE COMMISSIONER OF PUBLIC INSTRUCTION,
DEPARTMENT OF SCHOOL EDUCATION
NRUPATUNGA ROAD, BENGALURU 560 001.
3. THE DIRECTOR OF VOCATIONAL EDUCATION,
DEPARTMENT OF SCHOOL EDUCATION (PRE-UNIVERSITY)
18TH CROSS, MALLESHWARAM, BENGALURU 560 012.
4. THE DEPUTY DIRECTOR PUBLIC INSTRUCTIONS,
(SCHOOL EDUCATION AND LITERACY)
VIJAYANAGAR DIST VIJAYANAGAR.
5. THE BLOCK EDUCATION OFFICER,
HARAPANAHALLI TALUK,
DIST VIJAYANAGAR - 583 131.
...RESPONDENTS
(BY SMT. KIRILATA R. PATIL, HCGP FOR R1 TO R3, R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR
RECORDS FROM THE RESPONDENTS PERTAINING TO THE
IMPUGNED ORDER. ISSUE A WRIT IN THE NATURE OF WRIT
CERTIORARI DECLARING THAT SECTION 5(1) OF THE
KARNATAKA PART TIME JOB ORIENTED COURSE EMPLOYEES
ABSORPTION ACT 2011 AS UNCONSTITUTIONAL AND
UNENFORCEABLE ( ANNEXURE B BEARING NO. KA/BG-
GPO/2515/WPP-47/2009-2011) AND CONSEQUENTLY QUASH
THE IMPUGNED CONDITION NO. 1 IN THE ABSORPTION ORDER
DATED 19.08.2015 ( ANNEXURE K BEARING NO. C8 (6) SHA SHI
HA.JOC.VRUTHI STHALA MARPADU A08/2015-16 AND ETC.,
IN WP NO. 104120/2025
BETWEEN:
SHIVAPPA BHIMAPPA BADAGI,
AGE: 61, OCC: RETIRED,
R/O. DYAMAVVANA GUDI ONI, PO. NAVALGUND
DIST. DHARWAD 582208.
...PETITIONER
(BY SRI. RAJA RAGHAVENRA NAIK, ADVOCATE)
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NC: 2025:KHC-D:14048
WP No. 103754 of 2025
AND CONNECTED MATTERS
HC-KAR
AND:
1. THE STATE OF KARNATAKA,
REPT. BY THE PRINCIPAL SECRETARY
DEPARTMENT OF HIGHER EDUCATION MS BUILDING,
6TH FLOOR, BENGALURU 560001.
2. THE PRINCIPAL SECRETARY,
DEPARTMENT OF SCHOOL EDUCATION,
MS BUILDING, BENGALURU 560001.
3. THE COMMISSIONER,
COLLEGIATE AND TECHNICAL EDUCATION,
SHESHADRI ROAD, BENGALURU-560001.
4. THE DIRECTOR OF VOCATIONAL EDUCATION,
SCHOOL EDUCATION DEPARTMENT/PRE-UNIVERSITY
BOARD , 18TH CROSS, SAMPIGE ROAD,
MALLESHWARAM, BENGALURU.
5. THE JOINT DIRECTOR,
DEPARTMENT OF COLLEGIATE EDUCATION
MINI VIDHAN SOUDHA, DHARWAD.
6. THE DEPUTY DIRECTOR,
SCHOOL EDUCATION (PRE-UNIVERSITY DEPARTMENT)
KARNATAKA PUBLIC SCHOOL COMPOUND
VADAGAON, BELAGAVI.
...RESPONDENTS
(BY SMT. KIRILATA R. PATIL, HCGP FOR RESPONDENT/STATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR
RECORDS FROM THE RESPONDENTS PERTAINING TO THE
IMPUGNED ORDER. ISSUE A WRIT IN THE NATURE OF
CERTIORARI DECLARING THAT SECTION 5(1) OF THE
KARNATAKA PART-TIME JOB ORIENTED COURSE EMPLOYEES
ABSORPTION ACT 2011 AS UNCONSTITUTIONAL AND
UNENFORCEABLE VIDE ANNEXURE-B AND CONSEQUENTLY
QUASH THE IMPUGNED CONDITION NO.1 IN THE ABSORPTION
ORDER DATED. 31.08.2015 VIDE ANNEXURE-C BEARING NO.
KHA SHI E/127/KHAHAMA/2011-12/NEPPAVI-2 PART -3
BENGALURU PASSED BY R3 INSOFAR AS THE PETITIONER IS
CONCERNED AND ETC.,
-5-
NC: 2025:KHC-D:14048
WP No. 103754 of 2025
AND CONNECTED MATTERS
HC-KAR
IN WP NO. 104130/2025
BETWEEN:
GOVINDAPPA YAMANAPPA MUMBARADDI
S/O. YAMANAPPA MUMBARADDI,
AGE 60 YEARS, OCC RETIRED WORKER TEACHER,
R/O 05/A, WARD NO.03, BEHIND BUS STAND,
AMINAGAD, TALUK HUNAGUND,
DIST.BAGALKOT - 587 112.
...PETITIONER
(BY SRI. RAJA RAGHAVENRA NAIK, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
R/BY THE PRINCIPAL SECRETARY,
DEPT. OF SCHOOL EDUCATION AND LITERACY,
2ND GATE, 6TH FLOOR, M S BUILDING,
DR.AMBEDKAR VEEDHI, BENGALURU 560001.
2. THE COMMISSIONER OF PUBLIC INSTRUCTION
DEPT. OF SCHOOL EDUCATION, RODDA ROAD,
DHARWAD 580008.
3. THE DIRECTOR OF VOCATIONAL EDUCATION
DEPT. OF SCHOOL EDUCATION (PRE-UNIVERSITY)
18TH CROSS, MALLESHWARAM,
BENGALURU 560012.
4. THE DEPUTY DIRECTOR PUBLIC INSTRUCTION
(SCHOOL EDUCATION AND LITERACY),
CLUB ROAD, BELAGAVI 590019.
5. THE BLOCK EDUCATION OFFICER
RAMADURG TALUK,
DIST. BELAGAVI - 591 123.
...RESPONDENTS
(BY SMT. KIRILATA R. PATIL, HCGP FOR RESPONDENT/STATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR
RECORDS FROM THE RESPONDENTS PERTAINING TO THE
IMPUGNED ORDER. ISSUE A WRIT IN THE NATURE OF WRIT
CERTIORARI DECLARING THAT SECTION 5(1) OF THE
KARNATAKA PART-TIME JOB ORIENTED COURSE EMPLOYEES
ABSORPTION ACT 2011 AS UNCONSTITUTIONAL AND
-6-
NC: 2025:KHC-D:14048
WP No. 103754 of 2025
AND CONNECTED MATTERS
HC-KAR
UNENFORCEABLE (ANNEXURE-B) AND CONSEQUENTLY QUASH
THE IMPUGNED CONDITION NO. 1 IN THE ABSORPTION ORDER
DATED. 03.09.2014 (ANNEXURE-C) BEARING NO.
G8/KAHSIAA/JOC/41/2013-14. ISSUE A WRIT OR ORDER
DIRECTING THE RESPONDENTS TO RECKON THE SERVICE OF
THE PETITIONER FROM THE DATE OF INITIAL ENTRY TILL THE
DATE OF REGULARIZATION FOR THE PURPOSE OF FIXATION OF
PAY PENSIONARY BENEFITS, AND FURTHER DIRECT THEM TO
PAY ALL CONSEQUENTIAL MONETARY BENEFITS INCLUDING
PENSION FORTHWITH AND ETC.,
IN WP NO. 104145/2025
BETWEEN:
BIBI ZEHERA A. PATHAN,
AGE. 60 YEARS, OCC. RETIRED PU LECTURER IN URDU
R/O. MISSION COMPOUND, NEAR STATION ROAD,
DHARWAD-580001.
...PETITIONER
(BY SRI. RAJA RAGHAVENRA NAIK, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
R/BY THE PRINCIPAL SECRETARY,
DEPARTMENT OF SCHOOL EDUCATION AND LITERACY,
2ND GATE, 6TH FLOOR, M.S. BUILDING,
DR. AMBEDKAR VEEDHI,
BENGALURU-560001.
2. THE DIRECTOR OF VOCATIONAL EDUCATION,
DEPARTMENT OF SCHOOL EDUCATION
(PRE-UNIVERSITY) 18TH CROSS,
MALLESHWARAM, BENGALURU - 560 012.
3. THE DEPUTY DIRECTOR,
DEPARTMENT OF SCHOOL EDUCATION,
AND PRE-UNIVERSITY EDUCATION,
COLLEGE ROAD, DHARWAD-580 008.
4. THE PRINCIPAL,
ANJUMAN INDEPENDENT PU COLLEGE,
DHARWAD-580001.
...RESPONDENTS
(BY SMT. KIRILATA R. PATIL, HCGP FOR RESPONDENT/STATE)
-7-
NC: 2025:KHC-D:14048
WP No. 103754 of 2025
AND CONNECTED MATTERS
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR
RECORDS FROM THE RESPONDENTS PERTAINING TO THE
IMPUGNED ORDER. ISSUE A WRIT IN THE NATURE OF WRIT
CERTIORARI DECLARING THAT SECTION 5(1) OF THE
KARNATAKA PART-TIME JOB ORIENTED COURSE EMPLOYEES
ABSORPTION ACT 2011 AS UNCONSTITUTIONAL AND
UNENFORCEABLE (ANNEXURE-B BEARING NO. KA/BG-
GPO/2515/WPP-47/2009-2011) AND CONSEQUENTLY QUASH
THE IMPUGNED CONDITION NO.1 IN THE ABSORPTION ORDER
DATED 29.05.2015 (ANNEXURE-C BEARING NO.
PA.PU.SHI./SHIBBANDI-3/J.O.C./SIBBANDI/VILEEN/2014-15)
DATED -05-2015 PASSED BY R2 INSOFAR PETITIONER
CONCERNED AND ETC.,
IN WP NO. 104148/2025
BETWEEN:
SHIVAYYA BASAYYA MATHAPATI,
AGE: 60 YEARS, OCC: RETIRED WORKER TEACHER,
R/O: BASAVA SADAN, NEAR BEO OFFICE,
SAUNDATTI, PARASAGAD, TQ: SAUNDATTI,
DIST: BELAGAVI - 591126.
...PETITIONER
(BY SRI. RAJA RAGHAVENRA NAIK, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
R/BY. THE PRINCIPAL SECRETARY
DEPARTMENT OF SCHOOL EDUCATION AND
LITERACY, 2ND GATE, 6TH FLOOR, M S BUILDING,
DR. AMBEDKAR VEEDHI, BENGALURU-560001.
2. THE COMMISSIONER OF PUBLIC INSTRUCTION,
DEPARTMENT OF SCHOOL EDUCATION,
RODDA ROAD, DHARWAD - 580 008.
3. THE DIRECTOR OF VOCATIONAL EDUCATION
DEPARTMENT OF SCHOOL EDUCATION
(PRE-UNIVERSITY), 18TH CROSS,
MALLESHWARAM, BENGALURU - 560 012.
4. THE DEPUTY DIRECTOR OF
PUBLIC INSTRUCTIONS
(SCHOOL EDUCATION AND LITERACY)
-8-
NC: 2025:KHC-D:14048
WP No. 103754 of 2025
AND CONNECTED MATTERS
HC-KAR
BELAGAVI, DIST BELAGAVI-591101.
5. THE BLOCK EDUCATION OFFICER,
SAUNDATTI TALUK,
DIST BELAGAVI - 591 126.
...RESPONDENTS
(BY SMT. KIRILATA R. PATIL, HCGP FOR RESPONDENT/STATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) CALL FOR
RECORDS FROM THE RESPONDENTS PERTAINING TO THE
IMPUGNED ORDER. ISSUE A WRIT IN THE NATURE OF WRIT
CERTIORARI DECLARING THAT SECTION 5(1) OF THE
KARNATAKA PART- TIME JOB ORIENTED COURSE EMPLOYEES
ABSORPTION ACT 2011 AS UNCONSTITUTIONAL AND
UNENFORCEABLE (ANNEXURE-B) AND CONSEQUENTLY QUASH
THE IMPUGNED CONDITION NO.1 IN THE ABSORPTION ORDER
DATED 03.09.2014 (ANNEXURE-C) BEARING NO.
G8.KHA.SHI.A.JOC.41:2013-14. ISSUE A WRIT OR ORDER
DIRECTING THE RESPONDENTS TO RECKON THE SERVICE OF
THE PETITIONER FROM THE DATE OF INITIAL ENTRY TILL THE
DATE OF REGULARIZATION FOR THE PURPOSE OF FIXATION OF
PAY, PENSIONARY BENEFITS AND FURTHER DIRECT THEM TO
PAY ALL CONSEQUENTIAL MONETARY BENEFITS INCLUDING
PENSION FORTHWITH AND ETC.,
IN WP NO. 104568/2025
BETWEEN:
SHIVANANDAYYA BEELAGI,
AGE. 61 YEARS, OCC.RETIRED FDA,
R/O. GAVISIDDHESHWAR NILAYA,
BEHIND NIVEDITA SCHOOL,
VITTHAL MADARI NAGAR,
KOPPAL, DIST. KOPPAL - 583 231.
...PETITIONER
(BY SRI. RAJA RAGHAVENRA NAIK, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
R/BY THE PRINCIPAL SECRETARY,
DEPARTMENT OF HIGHER EDUCATION,
MS BUILDING, 6TH FLOOR,
BENGALURU - 560 001.
-9-
NC: 2025:KHC-D:14048
WP No. 103754 of 2025
AND CONNECTED MATTERS
HC-KAR
2. THE PRINCIPAL SECRETARY,
DEPARTMENT OF SCHOOL EDUCATION,
MS BUILDING, BENGALURU - 560 001.
3. THE COMMISSIONER,
DEPARTMENT OF COLLEGIATE
AND TECHNICAL EDUCATION
SHESHADRI ROAD, BENGALURU - 560 001.
4. THE DIRECTOR OF VOCATIONAL EDUCATION
DEPARTMENT OF SCHOOL EDUCATION
PRE - UNIVERSITY BOARD 18TH CROSS,
SAMPIGE ROAD, MALLESHWARAM,
BENGALURU - 560 012.
5. THE JOINT DIRECTOR,
DEPARTMENT OF COLLEGIATE EDUCATION
MINI VIDHAN SOUDHA,
DHARWAD - 580 001.
6. THE DEPUTY DIRECTOR,
DEPARTMENT OF SCHOOL EDUCATION/
PRE - UNIVERSITY DEPARTMENT DISTRICT
ADMINISTRATIVE BHAVAN, KOPPAL - 583 231.
...RESPONDENTS
(BY SMT. KIRILATA R. PATIL, HCGP FOR RESPONDENT/STATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) CALL FOR
RECORDS FROM THE RESPONDENTS PERTAINING TO THE
IMPUGNED ORDER. ISSUE A WRIT IN THE NATURE OF WRIT
CERTIORARI DECLARING THAT SECTION 5(1) OF THE
KARNATAKA PART-TIME JOB ORIENTED COURSE EMPLOYEES
ABSORPTION ACT 2011 AS UNCONSTITUTIONAL AND
UNENFORCEABLE (ANNEXURE-B) BEARING NO. KA/BG-
GPO/2515/WPP-47/2009-11 AND CONSEQUENTLY QUASH THE
IMPUGNED CONDITION NO.1 IN THE ABSORPTION ORDER
DATED 31.08.2015 (ANNEXURE-C) KASHIE/127/KAHOMA/2011-
12 NEPAVI-2(PART-3), BANGALORE. ISSUE A WRIT OR ORDER
DIRECTING THE RESPONDENTS TO RECKON THE SERVICE OF
THE PETITIONER FROM THE DATE OF INITIAL ENTRY TILL THE
DATE OF REGULARIZATION FOR THE PURPOSE OF FIXATION OF
PAY, PENSIONARY BENEFITS AND FURTHER DIRECT THEM TO
PAY ALL CONSEQUENTIAL MONETARY BENEFITS INCLUDING
PENSION FORTHWITH AND ETC.,
- 10 -
NC: 2025:KHC-D:14048
WP No. 103754 of 2025
AND CONNECTED MATTERS
HC-KAR
IN WP NO. 104569/2025
BETWEEN:
GAYATRI PRAMESHWAR MANGARSI
W/O. ULLAS KAMAT,
AGE. 66 YEARS, OCC. RETIRED SD,
R/O: MARIGUDI ROAD, MARIGUDI BAZAR,
SIRSI, DIST. UTTARA KANNADA - 581 401.
...PETITIONER
(BY SRI. RAJA RAGHAVENRA NAIK, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
R/BY THE PRINCIPAL SECRETARY,
DEPARTMENT OF SCHOOL EDUCATION AND LITERCY
2ND GATE, 6TH FLOOR, MS BUILDING,
DR. AMBEDKAR VEEDHI, BENGALURU - 560 001.
2. THE COMMISSIONER OF PUBLIC INSTRUCTION
DEPARTMENT OF SCHOOL EDUCATION RODDA ROAD,
DHARWAD - 580 008.
3. THE DIRECTOR OF VOCATIONAL EDUCATION,
DEPARTMENT OF SCHOOL EDUCATION RODDA ROAD,
DHARWAD - 580 008.
4. THE DEPUTY DIRECTOR PUBLIC INSTRUCTION
SCHOOL EDUCATION AND LITERACY,
D.C.COMPOUND, DHARWAD - 580 001.
5. THE BLOCK EDUCATION OFFICER
SIRSI, DIST UTTARA KANNADA - 581 401.
...RESPONDENTS
(BY SMT. KIRILATA R. PATIL, HCGP FOR RESPONDENT/STATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR
RECORDS FROM THE RESPONDENTS PERTAINING TO THE
IMPUGNED ORDER. ISSUE A WRIT IN THE NATURE OF WRIT
CERTIORARI DECLARING THAT SECTION 5(1) OF THE
KARNATAKA PART TIME JOB ORIENTED COURSE EMPLOYEES
ABSORPTION ACT 2011 AS UNCONSTITUTIONAL AND
UNENFORCEABLE (ANNEXURE B BEARING NO. KA/BG-
GPO/2515/WPP-47/2009-2011) AND CONSEQUENTLY QUASH
THE IMPUGNED CONDITION NO.1 IN THE ABSORPTION ORDER
- 11 -
NC: 2025:KHC-D:14048
WP No. 103754 of 2025
AND CONNECTED MATTERS
HC-KAR
DATED 03.09.2014 (ANNEXURE C BEARING NO.
G12.KHA.SHI.A./JOC/31/2011-12/3647 DATED 03.02.2014).
ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE
ENDORSEMENT ISSUED BY THE RESPONDENT NO.3 DATED
02.12.2024 VIDE ANNEXURE R BEARING NO. DPUE-EST 30
QQRETI/2/2024 E-1511050 IN THE INTEREST OF JUSTICE AND
ETC.,
IN WP NO. 104570/2025
BETWEEN:
SHAHIDBEGUM PYARE W/O. H.R.MANIYAR,
AGE. 61 YEARS, OCC. RETIRED CRAFT TEACHER,
R/O. BLOCK NO.109/2, PLOT NO.78 MANIYAR PLOT,
NAVODAYA COLONY, BEHIND ASHWAMEDHA PARK,
AMARGOL, HUBBALLI, DIST. DHARWAD - 580 025.
...PETITIONER
(BY SRI. RAJA RAGHAVENRA NAIK, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
R/BY. THE PRINCIPAL SECRETARY,
DEPARTMENT OF SCHOOL EDUCATION AND LITERACY,
2ND GATE, 6TH FLOOR, MS BUILDING,
DR. AMBEDKAR VEEDHI, BENGALURU - 560 001.
2. THE COMMISSIONER OF PUBLIC INSTRUCTION,
DEPARTMENT OF SCHOOL, EDUCATION
RODDA ROAD, DHARWAD - 580 008.
3. THE DIRECTOR OF VOCATIONAL EDUCATION
DEPARTMENT OF SCHOOL EDUCATION
(PRE - UNIVERSITY) 18TH CROSS,
MALLESHWARAM, BENGALURU - 560 012.
4. THE DEPUTY DIRECTOR,
PUBLIC INSTRUCTION,
(SCHOOL EDUCATION AND LITERACY)
D.C.COMPOUND, DHARWAD - 580 001.
5. THE BLOCK EDUCATION OFFICER,
HUBBALLI RURAL, DIST. DHARWAD - 580 020.
...RESPONDENTS
(BY SMT. KIRILATA R. PATIL, HCGP FOR RESPONDENT/STATE)
- 12 -
NC: 2025:KHC-D:14048
WP No. 103754 of 2025
AND CONNECTED MATTERS
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR
RECORDS FROM THE RESPONDENTS PERTAINING TO THE
IMPUGNED ORDER, ISSUE A WRIT IN THE NATURE OF WRIT
CERTIORARI DECLARING THAT SECTION 5(1) OF THE
KARNATAKA PART-TIME JOB ORIENTED COURSE EMPLOYEES
ABSORPTION ACT 2011 AS UNCONSTITUTIONAL AND
UNENFORCEABLE (ANNEXURE-B) BEARING NO. KA/BG-
GPO/2515/WPP-47/2009-11 AND CONSEQUENTLY QUASH THE
IMPUGNED CONDITION NO.1 IN THE ABSORPTION ORDER
DATED 03.09.2014 (ANNEXURE-C) IS BEARING NO.
SANKHYEGI8.KHASHIA.JEOSI.H1.2013-14 PASSED BY THE
RESPONDENT NO.2. ISSUE A WRIT OR ORDER DIRECTING THE
RESPONDENTS TO RECKON THE SERVICE OF THE PETITIONER
FROM THE DATE OF INITIAL ENTRY TILL THE DATE OF
REGULARIZATION FOR THE PURPOSE OF FIXATION OF PAY,
PENSIONARY BENEFITS AND FURTHER DIRECT THEM TO PAY ALL
CONSEQUENTIAL MONETARY BENEFITS INCLUDING PENSION
FORTHWITH AND ETC.,
IN WP NO. 104571/2025
BETWEEN:
GURUSHANTAYYA G. MATHAD,
AGE: 61 YEARS, OCC: RETIRED SDA,
R/O PLOT NO.6 BENGERI EXTENSION,
SIDDARAM NAGAR, HUBBALLI,
DIST: DHARWAD - 580 023.
...PETITIONER
(BY SRI. RAJA RAGHAVENRA NAIK, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
R/BY THE PRINCIPAL SECRETARY
DEPARTMENT OF SCHOOL EDUCATION
AND LITERACY 2ND GATE 6TH FLOOR MS BUILDING,
DR. AMBEDKAR VEEDHI, BENGALURU - 560 001.
2. THE COMMISSIONER OF PUBLIC INSTRUCTION
DEPARTMENT OF SCHOOL EDUCATION RODDA ROAD
DHARWAD 580008.
3. THE DIRECTOR OF VOCATIONAL EDUCATION
DEPARTMENT OF SCHOOL EDUCATION
(PRE-UNIVERSITY) 18TH CROSS,
- 13 -
NC: 2025:KHC-D:14048
WP No. 103754 of 2025
AND CONNECTED MATTERS
HC-KAR
MALLESHWARAM, BENGALURU - 560 012.
4. THE DEPUTY DIRECTOR PUBLIC INSTRUCTION,
(SCHOOL EDUCATION AND LITERACY),
D C COMPOUND DHARWAD 580001.
5. THE BLOCK EDUCATION OFFICER,
HUBBALLI CITY TALUK, HUBBALLI - 580 020.
6. THE PRINCIPAL,
UNITED ANDHRA ASSOCIATION, HIGH SCHOOL,
GADAG ROAD, HUBLI, DIST: DHARWAD.
...RESPONDENTS
(BY SMT. KIRILATA R. PATIL, HCGP FOR RESPONDENT/STATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR
RECORDS FROM THE RESPONDENTS PERTAINING TO THE
IMPUGNED ORDER, ISSUE A WRIT IN THE NATURE OF WRIT
CERTIORARI DECLARING THAT SECTION 5(1) OF THE
KARNATAKA PART- TIME JOB ORIENTED COURSE EMPLOYEES
ABSORPTION ACT 2011 PASSED BY GOVERNMENT OF
KARNATAKA THROUGH RESPONDENT NO.1 AS
UNCONSTITUTIONAL AND UNENFORCEABLE (ANNEXURE-B) AND
CONSEQUENTLY QUASH THE IMPUGNED CONDITION NO.1 IN
THE ABSORPTION ORDER DATED 17.03.2015 PASSED BY
RESPONDENT NO.2 (ANNEXURE-C-6) BEARING NO.G12.KHASH1
AA.JOC.18.2014-25. ISSUE A WRIT OR ORDER DIRECTING THE
RESPONDENTS TO RECKON THE SERVICE OF THE PETITIONER
FROM THE DATE OF INITIAL ENTRY TILL THE DATE OF
REGULARIZATION FOR THE PURPOSE OF FIXATION OF PAY,
PENSIONARY BENEFITS AND FURTHER DIRECT THEM TO PAY ALL
CONSEQUENTIAL MONETARY BENEFITS INCLUDING PENSION
FORTHWITH AND ETC.,
IN WP NO. 104572/2025
BETWEEN:
SHIVASHANKRAPPA BASAPPA ITAGI,
AGE. 64 YEARS, OCC. RETIRED SDA,
R/O. H.NO.11, AT PO.KOLUR,
TALUK MUDDEBIHAL, DIST.VIJAYAPUR-586129.
...PETITIONER
(BY SRI. RAJA RAGHAVENRA NAIK, ADVOCATE)
- 14 -
NC: 2025:KHC-D:14048
WP No. 103754 of 2025
AND CONNECTED MATTERS
HC-KAR
AND:
1. THE STATE OF KARNATAKA,
R/BY THE PRINCIPAL SECRETARY
DEPARTMENT OF SCHOOL EDUCATION AND LITERACY
2ND GATE, 6TH FLOOR, M.S.BUILDING,
DR. AMBEDKAR VEEDHI, BENGALURU - 560 001.
2. THE COMMISSIONER OF PUBLIC INSTRUCTION,
DEPARTMENT OF SCHOOL EDUCATION,
RODDA ROAD, DHARWAD - 580 008.
3. THE DIRECTOR OF VOCATIONAL EDUCATION
DEPARTMENT OF SCHOOL EDUCATION
(PRE-UNIVERSITY), 18TH CROSS,
MALLESHWARAM, BENGALURU - 560 012.
4. THE DEPUTY DIRECTOR,
PUBLIC INSTRUCTION,
(SCHOOL EDUCATION AND LITERACY)
ZILLA PANCHAYAT BUILDING, BAGALKOT - 587 118.
5. THE BLOCK EDUCATIN OFFICER,
HUNAGUND TALUK, HUNAGUND,
DIST. BAGALKOT-587118.
...RESPONDENTS
(BY SMT. KIRILATA R. PATIL, HCGP FOR RESPONDENT/STATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR
RECORDS FROM THE RESPONDENTS PERTAINING TO THE
IMPUGNED ORDER, ISSUE A WRIT IN THE NATURE OF WRIT
CERTIORARI DECLARING THAT SECTION 5(1) OF THE
KARNATAKA PART-TIME JOB ORIENTED COURSE EMPLOYEES
ABSORPTION ACT 2011 AS UNCONSTITUTIONAL AND
UNENFORCEABLE (ANNEXURE-B) BEARING NO.KA/BG-
GPO/2515(WPP-47/2009-11) AND CONSEQUENTLY QUASH THE
IMPUGNED CONDITION NO.1 IN THE ABSORPTION ORDER
DATED 03.02.2014 VIDE (ANNEXURE-C) BEARING
NO.G12.KHA.SHIAA.JOC/31/2011-120 PASSED BY RESPONDENT
NO.2. ISSUE A WRIT OR ORDER DIRECTING THE RESPONDENTS
TO RECKON THE SERVICE OF THE PETITIONER FROM THE DATE
OF INITIAL ENTRY TILL THE DATE OF REGULARIZATION FOR THE
PURPOSE OF FIXATION OF PAY, PENSIONARY BENEFITS AND
FURTHER DIRECT THEM TO PAY ALL CONSEQUENTIAL
- 15 -
NC: 2025:KHC-D:14048
WP No. 103754 of 2025
AND CONNECTED MATTERS
HC-KAR
MONETARY BENEFITS INCLUDING PENSION FORTHWITH AND
ETC.,
IN WP NO. 104573/2025
BETWEEN:
JAYA PARASHURAM JADHAV,
GAE. 61 YEARS, OCC. RETIRED CRAFT TEACHER,
R/O. H.NO.86 LAXMI NAGAR, 4TH CROSS,
NAVALAGUND - 582 208,
TQ.NAVLGUND, DIST. DHARWAD.
...PETITIONER
(BY SRI. RAJA RAGHAVENRA NAIK, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
R/BY THE PRINCIPAL SECRETARY,
DEPARTMENT OF SCHOOL EDUCATION AND LITERACY
2ND GATE, 6TH FLOOR, MS BUILDING,
DR. AMBEDKAR VEEDHI, BENGALURU - 560 001.
2. THE COMMISSIONER OF PUBLIC INSTRUCTION,
DEPARTMENT OF SCHOOL EDUCATION ,
RODD ROAD, DHARWAD - 580 008.
3. THE DIRECTOR OF VOCATIONAL EDUCATION,
DEPARTMENT OF SCHOOL EDUCATION
PRE - UNIVERSITY, 18TH CROSS,
MALLESHWARAM BENGALURU - 560 012.
4. THE DEPUTY DIRECTOR PUBLIC INSTRUCTION,
SCHOOL EDUCATION AND LITERACY,
D.C.COMPOUND, DHARWAD - 580 001.
5. THE BLOCK EDUCATION OFFICER,
NAVALGUND - 582 208, DIST. DHARWAD.
...RESPONDENTS
(BY SMT. KIRILATA R. PATIL, HCGP FOR RESPONDENT/STATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO, CALL FOR
RECORDS FROM THE RESPONDENTS PERTAINING TO THE
IMPUGNED ORDER, ISSUE A WRIT IN THE NATURE OF WRIT
CERTIORARI DECLARING THAT SECTION 5(1) OF THE
KARNATAKA PART-TIME JOB ORIENTED COURSE EMPLOYEES
- 16 -
NC: 2025:KHC-D:14048
WP No. 103754 of 2025
AND CONNECTED MATTERS
HC-KAR
ABSORPTION ACT 2011 AS UNCONSTITUTIONAL AND
UNENFORCEABLE (ANNEXURE-B) AND CONSEQUENTLY QUASH
THE IMPUGNED CONDITION NO.1 IN THE ABSORPTION ORDER
DATED 05.07.2017 VIDE (ANNEXURE-C). ISSUE A WRIT OR
ORDER DIRECTING THE RESPONDENTS TO RECKON THE
SERVICE OF THE PETITIONER FROM THE DATE OF INITIAL
ENTRY TILL THE DATE OF REGULARIZATION FOR THE PURPOSE
OF FIXATION OF PAY, PENSIONARY BENEFITS AND FURTHER
DIRECT THEM TO PAY ALL CONSEQUENTIAL MONETARY
BENEFITS INCLUDING PENSION FORTHWITH AND ETC.,
IN WP NO. 104574/2025
BETWEEN:
MALLAPPAYYA SHASTRI HIREMATH,
AGE. 68 YEARS, OCC. RETIRED FDA,
R/O HM MLLAPPYY SHASTRI H.NO.53,
BAGALI POST, HARAPPANHALLI TALUK,
DIST. VIJAYANAGAR - 591 108.
...PETITIONER
(BY SRI. RAJA RAGHAVENRA NAIK.,ADVOCATE)
AND:
1. THE STATE OF KARNATKA
R/BY THE PRINCIPAL SECRETARY,
DEPARTMENT OF HIGHER EDUCATION ,
MS BUILDING, 6TH FLOOR, BENGALURU - 560 001.
2. THE PRINCIPAL SECRETARY,
DEPARTMENT OF SCHOOL EDUCATION,
MS BUILDING BENGALURU - 560 001.
3. THE COMMISSIONER,
COLLEGIATE AND TECHNICAL EDUCATION,
SHESHADRI ROAD, BENGALURU - 560 001.
4. THE DIRECTOR OF VOCATIONAL EDUCATION,
SCHOOL EDUCATION DEPARTMENT/PRE - UNIVERSITY,
BOARD, 18TH CROSS, SAMPIGE ROAD,
MLLESHWARAM, BENGALURU - 560 012.
5. THE JOINT DIRECTOR OF COLLEGIATE EDUCATION
KALABURGI - 585 101
- 17 -
NC: 2025:KHC-D:14048
WP No. 103754 of 2025
AND CONNECTED MATTERS
HC-KAR
6. THE DEPUTY DIRECTOR
SCHOOL EDUCATION,
PRE UNIVERSITY DEPARTMENT, VIJAYANGAR.
...RESPONDENTS
(BY SMT. KIRILATA R. PATIL, HCGP FOR RESPONDENT/STATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR
RECORDS FROM THE RESPONDENTS PERTAINING TO THE
IMPUGNED ORDER. ISSUE A WRIT IN THE NATURE OF WRIT
CERTIORARI DECLARING THAT SECTION 5(1) OF THE
KARNATAKA PART TIME JOB ORIENTED COURSE EMPLOYEES
ABSORPTION ACT 2011 AS UNCONSTITUTIONAL AND
UNENFORCEABLE (ANNEXURE B BEARING NO. KA/BG-
GPO/2515/WPP-47/2009-2011) AND CONSEQUENTLY QUASH
THE IMPUGNED CONDITION NO.1 IN THE ABSORPTION ORDER
DATED 03.09.2014 (ANNEXURE C BEARING NO. KHA.SHI.E/
127/ KHAHUMA/2011-12/NEPAVI-2(BHAG-3), BENGALURU
DATED 31-08-2015). ISSUE A WRIT IN THE NATURE OF
CERTIORARI TO QUASH THE ENDORSEMENT ISSUED BY THE
RESPONDENT NO.3 DATED04-06-2025 VIDE ANNEXURE R
BEARING NO. DPUE-EST 30 QQRETI/2/2024 E-1511050 IN THE
INTEREST OF JUSTICE AND ETC.,
IN WP NO. 104575/2025
BETWEEN:
MALINI SHETTY W/O. UMESH KAMAT
AGE. 65 YEARS, OCC. RETIRED CRAFT TEACHER
R/O. H.NO. 13/1, OPP. MAHALASA COMPLEX,
COURT ROAD, SIRSI, DIST. UTTARA KANNADA-581402.
...PETITIONER
(BY SRI. RAJA RAGHAVENRA NAIK, ADVOCATE)
AND:
1. THE PRINCIPAL SECRETARY
DEPARTMENT OF SCHOOL EDUCATION AND LITERACY
2ND GATE, 6TH FLOOR, MS BUILDING,
DR. AMBEDKAR VEEDHI, BENGALURU 560001.
2. THE COMMISSIONER OF PUBLIC INSTRUCTION,
DEPARTMENT OF SCHOOL EDUCATION,
RODDA ROAD, DHARWAD - 580 008.
- 18 -
NC: 2025:KHC-D:14048
WP No. 103754 of 2025
AND CONNECTED MATTERS
HC-KAR
3. THE DIRECTOR OF VOCATIONAL EDUCATION,
DEPARTMENT OF SCHOOL EDUCATION ,
(PRE-UNIVERSITY) 18TH CROSS,
MALLESHWARAM, BENGALURU-560 012.
4. THE DEPUTY DIRECTOR,
PUBLIC INSTRUCTION (SCHOOL EDUCATION AND
LITERACY) D.C.COMPOUND,
DHARWAD - 580 001.
5. THE BLOCK EDUCATION OFFICER,
SIRSI, DIST. UTTARA KANNADA.
...RESPONDENTS
(BY SMT. KIRILATA R. PATIL, HCGP FOR RESPONDENT/STATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A
WRIT IN THE NATURE OF DECLARING THAT SECTION 5(1) OF
THE KARNATAKA PART-TIME JOB ORIENTED COURSE
EMPLOYEES ABSORPTION ACT 2011 AS UNCONSTITUTIONAL
AND UNENFORCEABLE (ANNEXURE-B BEARING NO. KA/BG-
GPO/2515/WPP-47/2009-2011) AND CONSEQUENTLY QUASH
THE IMPUGNED CONDITION NO. 1 IN THE ABSORPTION ORDER
DATED. 03.09.2014 (ANNEXURE-C BEARING NO. G8.KASHI HA
JOC.41.2013-14. ISSUE A WRIT IN THE NATURE OF CERTIORARI
TO QUASH THE ENDORSEMENT ISSUED BY THE RESPONDENT
NO.3 DATED. 02.12.2024 VIDE ANNEXURE-S BEARING NO.
DPUE-EST 30 QQRETI/2/2024 E-1511050 IN THE INTEREST OF
JUSTICE. ISSUE ORDER DIRECTING THE RESPONDENTS TO
RECKON THE SERVICE OF THE PETITIONER FROM THE DATE OF
INITIAL ENTRY TILL THE DATE OF REGULARIZATION FOR THE
PURPOSE OF FIXATION OF PAY ALL CONSEQUENTIAL MONETARY
BENEFITS INCLUDING PENSION FORTHWITH AND ETC.,
IN WP NO. 104587/2025
BETWEEN:
MOHAMMAD ISHAK
S/O. MAHAMMAD ISMAIL DEVADURGA,
KALLINATH NAGAR, KUKNOOR,
DIST: KOPPAL 583232.
...PETITIONER
(BY SRI. RAJA RAGHAVENRA NAIK, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
- 19 -
NC: 2025:KHC-D:14048
WP No. 103754 of 2025
AND CONNECTED MATTERS
HC-KAR
R/BY THE PRINCIPAL SECRETARY,
DEPARTMENT OF HIGHER EDUCATION,
MS BUILDING, 6TH FLOOR,
BENGALURU 560001.
2. THE PRINCIPAL SECRETARY,
DEPARTMENT OF SCHOOL EDUCATION,
MS BUILDING, BENGALURU 560001.
3. THE COMMISSIONER,
COLLEGIATE AND TECHNICAL EDUCATION,
SHESHADRI ROAD, BENGALURU 560 001.
4. THE DIRECTOR OF VOCATIONAL EDUCATION,
SCHOOL EDUCATION DEPARTMENT/PRE-UNIVERSITY,
BOARD 18TH CROSS, SAMPIGE ROAD,
MALLESHWARAM, BENGALURU - 560 012.
5. THE JOINT DIRECTION,
DEPARTMENT OF COLLEGIATE EDUCATION,
KALABURAGI - 585 101.
6. THE DEPUTY DIRECTOR,
SCHOOL EDUCATION (PRE UNIVERSITY DEPARTMENT),
KOPPAL - 585 832.
...RESPONDENTS
(BY SMT. KIRILATA R. PATIL, HCGP FOR RESPONDENT/STATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO, CALL FOR
RECORDS FROM THE RESPONDENTS PERTAINING TO THE
IMPUGNED ORDER. ISSUE A WRIT IN THE NATURE OF WRIT
CERTIORARI DECLARING THAT SECTION 5(1) OF THE
KARNATAKA PART-TIME JOB ORIENTED COURSE EMPLOYEES
ABSORPTION ACT 2011 AS UNCONSTITUTIONAL AND
UNENFORCEABLE VIDE (ANNEXURE-D) AND CONSEQUENTLY
QUASH THE IMPUGNED CONDITION NO.1 IN THE ABSORPTION
ORDER DATED 31.08.2015 VIDE (ANNEXURE-E) BEARING
NO.KAA.SHI.E/127/BHA.HU.MAA/2011-12/NEPAAVI-2(BHAGA-3)
BENGALURU PASSED BY R-3 INSOFAR AS PETITIONER IS
CONCERNED. ISSUE A WRIT OR ORDER DIRECTING THE
RESPONDENTS TO RECKON THE SERVICE OF THE PETITIONER
FROM THE DATE OF INITIAL ENTRY TILL THE DATE OF
REGULARIZATION FOR THE PURPOSE OF FIXATION OF PAY,
PENSIONARY BENEIFTS AND FURTHER DIRECT THEM TO PAY ALL
- 20 -
NC: 2025:KHC-D:14048
WP No. 103754 of 2025
AND CONNECTED MATTERS
HC-KAR
CONSEQUENTIAL MONETARY BENEFITS INCLUDING PENSION
FORTHWITH AND ETC.,
IN WP NO. 104589/2025
BETWEEN:
USHA BANGARAPPA SHEMDI
D/O. BANGARAPPA SHEMDI,
AGE. 69 YEARS, OCC. RETIRED SDA,
R/O. CP BAZAR, SIRSI,
DIST. UTTARA KANNADA - 581 401.
...PETITIONER
(BY SRI. RAJA RAGHAVENRA NAIK, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
R/BY THE PRINCIPAL SECRETARY,
DEPARTMENT OF SCHOOL EDUCATION ND LITERACY
2ND GATE, 6TH FLOOR, MS BUILDING,
DR. AMBEDKRA VEEDHI, BENGALURU - 560 001.
2. THE COMMISSIONER OF PUBLIC INSTRUCTION,
DEPARTMENT OF SCHOOL EDUCATION,
RODDA ROAD, DHARWAD - 580 008.
3. THE DIRECTOR OF VOCATIONL EDUCATION,
DEPARTMENT OF SCHOOL EDUCATION
PRE UNIVERSITY, 18TH CROSS,
MALLESHWRAM, BENGALURU - 560 012.
4. THE DEPUTY DIRECTOR PUBLIC INSTRUCTION,
SCHOOL EDUCATION AND LITERACY,
D.C.COMPOUND, DHARWAD - 580 001.
5. THE BLOCK EDUCATION OFFICER
SIRSI, DIST. UTTAR KANNADA - 581 401.
...RESPONDENTS
(BY SMT. KIRILATA R. PATIL, HCGP FOR RESPONDENT/STATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO,A) CALL FOR
RECORDS FROM THE RESPONDENTS PERTAINING TO THE
IMPUGNED ORDER. ISSUE A WRIT IN THE NATURE OF WRIT
CERTIORARI DECLARING THAT SECTION 5(1) OF THE
KARNATAKA PART-TIME JOB ORIENTED COURSE EMPLOYEES
- 21 -
NC: 2025:KHC-D:14048
WP No. 103754 of 2025
AND CONNECTED MATTERS
HC-KAR
ABSORPTION ACT 2011 AS UNCONSTITUTIONAL AND
UNENFORCEABLE (ANNEXURE-B) AND CONSEQUENTLY QUASH
THE IMPUGNED CONDITION NO.1 IN THE ABSORPTION ORDER
DATED 03-02-2014 (ANNEXURE-C). ISSUE A WRIT OR ORDER
DIRECTING THE RESPONDENTS TO RECKON THE SERVICE OF
THE PETITIONER FROM THE DATE OF INITIAL ENTRY TILL THE
DATE OF REGULARIZATION FOR THE PURPOSE OF FIXATION OF
PAY, PENSIONARY BENEFITS AND FURTHER DIRECT THEM TO
PAY ALL CONSEQUENTIAL MONETARY BENEFITS INCLUDING
PENSION FORTHWITH AND ETC.,
IN WP NO. 104590/2025
BETWEEN:
RAVITEJA V. ABBIGERI,
AGE. 66 YEARS, OCC. RETIRED FDA,
R/O. 580, NISARGANAND, BEHIND SANKET SCHOOL,
MARUTESHWAR NAGAR, DYAMPUR CROSS,
AT AND PO. KUKNOOR, DIST. KOPPAL - 583 232.
...PETITIONER
(BY SRI. RAJA RAGHAVENRA NAIK.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REP/BY THE PRINCIPAL SECRETARY,
DEPARTMENT OF HIGHER EDUCATION,
MS BUILDING, 6TH FLOOR,
BENGALURU - 560 001.
2. THE PRINCIPAL SECRETARY,
DEPARTMENT OF SCHOOL EDUCATION AND LITERACY,
MS BUILDING, BENGALURU - 560 001.
3. THE COMMISSIONER,
COLLEGIATE AND TECHNICAL EDUCATION,
SHESHADRI ROAD, BENGALURU - 560 001.
4. THE DIRECTOR OF VOCATIONAL EDUCATION (COLLEGE)
SCHOOL EDUCATION DEPARTMENT/PRE-UNIVERSITY
BOARD, 18TH CROSS, SAMPIGE ROAD,
MALLESHWARAM, BENGALURU - 560 012.
5. THE JOINT DIRECTOR OF COLLEGIATE EDUCATION,
MINI SOUDHA, DHARWAD - 580 001.
- 22 -
NC: 2025:KHC-D:14048
WP No. 103754 of 2025
AND CONNECTED MATTERS
HC-KAR
6. THE DEPUTY DIRECTOR,
SCHOOL EDUCATION AND PRE-UNIVERSITY
DEPARTMENT DISTRICT ADMINISTRATIVE
BHAVAN, KOPPAL - 583 231.
...RESPONDENTS
(BY SMT. KIRILATA R. PATIL, HCGP FOR RESPONDENT/STATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ,A) CALL
FOR RECORDS FROM THE RESPONDENTS PERTAINING TO THE
IMPUGNED ORDER. ISSUE A WRIT IN THE NATURE OF
DECLARING THAT SECTION 5(1) OF THE KARNATAKA PART-TIME
JOB ORIENTED COURSE EMPLOYEES ABSORPTION ACT, 2011 AS
UNCONSTITUTIONAL AND UNENFORCEABLE (ANNEXURE-B)
VIDE BEARING NO.SAM.VYASHAA E 22 SHAASAN 2011,
BANGALORE DTD 06/04/2011 AND CONSEQUENTLY QUASH THE
IMPUGNED CONDITION NO.1 IN THE ABSORPTION ORDER
DATED 31.08.2015 (ANNEXURE-C) BEARING NO.G12 KAASHI
E/127/BAHUMA/2011-12/NEPAVI-2(BHAGA-3/BENGALURU)
PASSED BY RESPONDENT NO.4. ISSUE A WRIT OR ORDER
DIRECTING THE RESPONDENTS TO RECKON THE SERVICE OF
THE PETITIONER FROM THE DATE OF INITIAL ENTRY TILL THE
DATE OF REGULARIZATION FOR THE PURPOSE OF FIXATION OF
PAY, PENSIONARY BENEFITS AND FURTHER DIRECT THEM TO
PAY ALL CONSEQUENTIAL MONETARY BENEFITS INCLUDING
PENSION FORTHWITH AND ETC.,
IN WP NO. 104946/2025
BETWEEN:
MALA AGALAKATTI,
AGE. 61 YEARS, OCC. RETIRED LECTURER,
R/O. BNGARPETE,
HARAPANAHALLI TALUK,
DIST. VIJAYANAGAR - 583 131.
...PETITIONER
(BY SRI. RAJA RAGHAVENRA NAIK, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REP/BY THE PRINCIPAL SECRETARY,
DEPARTMENT OF SCHOOL EDUCATION AND LITERACY
2ND GATE, 6TH FLOOR, MS BUILDING,
DR. AMBEDKAR VEEDHI, BENGALURU - 560 001.
- 23 -
NC: 2025:KHC-D:14048
WP No. 103754 of 2025
AND CONNECTED MATTERS
HC-KAR
2. THE COMMISSIONER OF PUBLIC INSTRUCTION
DEPARTMENT OF SCHOOL EDUCATION,
NRUPATUNGA ROAD, BENGALURU - 560 001.
3. THE DIRECTOR OF VOCATIONAL EDUCATION,
DEPARTMENT OF SCHOOL EDUCATION
PRE - UNIVERSITY 18TH CROSS,
MALLESHWARAM, BENGALURU - 560 012.
4. THE DEPUTY DIRECTOR
PUBLIC INSTRUCTION,
SCHOOL EDUCATION AND LITERACY DAVANGERE,
DIST. DAVANGERE.
5. THE BLOCK EDUCATION OFFICER
DAVANGERE NORTH ZONE,
DIST. DAVANGERE - 577 001.
...RESPONDENTS
(BY SMT. KIRILATA R. PATIL, HCGP FOR RESPONDENT/STATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR
RECORDS FROM THE RESPONDENTS PERTAINING TO THE
IMPUGNED ORDER. ISSUE A WRIT IN THE NATURE OF WRIT
CERTIORARI DECLARING THAT SECTION 5(1) OF THE
KARNATAKA PART-TIME JOB ORIENTED COURSE EMPLOYEES
ABSORPTION ACT 2011 AS UNCONSTITUTIONAL AND
UNENFORCEABLE (ANNEXURE-B BEARING NO. KA/BG-
GPO/2515/2WPP-47/2009-2011) AND CONSEQUENTLY QUASH
THE IMPUGNED CONDITION NO. 1 IN THE ABSORPTION ORDER
DATED. 03.09.2014 (ANNEXURE-C BEARING NO. C8(6).
SHA.SHI.A..VRU.SHI/VILEEN.COUNCILLING.02/2012-13 DATED.
26.08.2014. ISSUE A WRIT IN THE NATURE OF CERTIORARI TO
QUASH THE ENDORSEMENT ISSUED BY THE RESPONDENT NO.3
DATED. 02.12.2024 VIDE ANNEXURE-R BEARING NO. E-
1653955/DPUE-EST30CC(OTH)/2/2025-ADMIN IN THE INTEREST
OF JUSTICE AND ETC.,
IN WP NO. 104951/2025
BETWEEN:
VIDYADHARSWAMY VASTRAD
S/O. SHIVAYYA VASTRAD,
AGE. 61 YEARS,
OCC. RETIRED WORKER TEACHER,
- 24 -
NC: 2025:KHC-D:14048
WP No. 103754 of 2025
AND CONNECTED MATTERS
HC-KAR
R/O. MDGL 17982, KOPPAL ROAD,
AD NAGAR, MUNDARGI,
DIST: GADAG - 582 118.
...PETITIONER
(BY SRI. RAJA RAGHAVENRA NAIK.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP/BY THE PRINCIPAL SECRETARY,
DEPARTMENT OF SCHOOL EDUCATION AND LITERACY
2ND GATE, 6TH FLOOR, MS BUILDING,
DR. AMBEDKAR VEEDHI, BENGALURU - 560 001.
2. THE COMMISSIONER OF PUBLIC INSTRUCTION,
DEPARTMENT OF SCHOOL EDUCATION,
RODDA ROAD, DHARWAD - 580 008.
3. THE DIRECTOR OF VOCATIONA EDUCATION,
DEPARTMENT OF SCHOOL EDUCATION,
(PRE-UNIVERSITY) 18TH CROSS,
MALLESHWARAM, BENGALURU - 560 012.
4. THE DEPUTY DIRECTOR PUBLIC INSTRUCTION,
(SCHOOL EDUCATION AND LITERACY),
GADAG, DIST. GADAG-582101.
5. THE BLOCK EDUCATION OFFICER,
MUNDARAGI TALUK, DIST. GADAG-582118.
...RESPONDENTS
(BY SMT. KIRILATA R. PATIL, HCGP FOR RESPONDENT/STATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A) CALL
FOR RECORDS FROM THE RESPONDENTS PERTAINING TO THE
IMPUGNED ORDER. ISSUE A WRIT IN THE NATURE OF WRIT
CERTIORARI DECLARING THAT SECTION 5(1) OF THE
KARNATAKA PART-TIME JOB ORIENTED COURSE EMPLOYEES
ABSORPTION ACT 2011 AS UNCONSTITUTIONAL AND
UNENFORCEABLE (ANNEXURE-B) AND CONSEQUENTLY QUASH
THE IMPUGNED CONDITION NO. 1 IN THE ABSORPTION ORDER
DATED. 06-11-2015 (ANNEXURE-C). ISSUE A WRIT OR ORDER
DIRECTING THE RESPONDENTS TO RECKON THE SERVICE OF
THE PETITIONER FROM THE DATE OF INITIAL ENTRY TILL THE
DATE OF REGULARIZATION FOR THE PURPOSE OF FIXATION OF
- 25 -
NC: 2025:KHC-D:14048
WP No. 103754 of 2025
AND CONNECTED MATTERS
HC-KAR
PAY, PENSIONARY BENEFITS AND FURTHER DIRECT THEM TO
PAY ALL CONSEQUENTIAL MONETARY BENEFITS INCLUDING
PENSION FORTHWITH AND ETC.,
IN WP NO. 105026/2025
BETWEEN:
SURESH A. KULKARNI,
AGE. 60 YEARS, OCC. RETIRED SDA,
R/O. RAMENAHALLI, TQ. MUNDARAGI,
DIST. GADAG 582 118.
...PETITIONER
(BY SRI. RAJA RAGHAVENRA NAIK.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP BY THE PRINCIPAL SECRETARY,
DEPARTMENT OF SCHOOL EDUCATION AND LITERACY,
2ND GATE, 6TH FLOOR, M.S. BUILDING
DR. AMBEDKAR VEEDHI,
BENGALURU-560001.
2. THE COMMISSIONER OF PUBLIC INSTRUCTION
DEPARTMENT OF SCHOOL EDUCATION,
RODDA ROAD, DHARWAD - 580 008.
3. THE DIRECTOR OF VOCATIONALY EDUCATION
DEPARTMENT OF SCHOOL EDUCATION
(PRE UNIVERSITY) 18TH CROSS,
MALLESHWARAM, BENGALURU - 560 012.
4. THE DEPUTY DIRECTOR PUBLIC INSTRUCTION,
(SCHOOL EDUCATION AND LITERACY) GADAG,
DIST. GADAG 582101.
5. THE BLOCK EDUCATION OFFICER,
MUNDARAGI TALUK, DIST. GADAG - 582 118.
...RESPONDENTS
(BY SMT. KIRILATA R. PATIL, HCGP FOR RESPONDENT/STATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR
RECORDS FROM THE RESPONDENTS PERTAINING TO THE
IMPUGNED ORDER. ISSUE A WRIT IN THE NATURE OF WRIT
CERTIORARI DECLARING THAT SECTION 5(1) OF THE
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NC: 2025:KHC-D:14048
WP No. 103754 of 2025
AND CONNECTED MATTERS
HC-KAR
KARNATAKA PART TIME JOB ORIENTED COURSE EMPLOYEED
ABSORPTION ACT 2011 AS UNCONSTITUTIONAL AND
UNENFORCEABLE (ANNEXURE-B BEARING NO. KA/BG-
GPO/2515/WPP-47/2009-2011) AND CONSEQUENTLY QUASH
THE IMPUGNED CONDITION NO.1 IN THE ABSORPTION ORDER
DATED 03.02.2014 (ANNEXURE C BEARING NO. G12/ KAASHI
A.JOC.31/2011-12). PASSED BY R-2 IN SO FARR AS PETITIONER
CONCERNED. ISSUE A WRIT OR ORDER DIRECTING THE
RESPONDENTS TO RECKON THE SERVICE OF THE PETITIONER
FROM THE DATE OF INITIAL ENTRY TILL THE DATE OF
REGULARIZATION FOR THE PURPOSE OF FIXATION OF PAY ALL
CONSEQUENTIAL MONETARY BENEFITS INCLUDING PENSION
FORTHWITH AND ETC.,
IN WP NO. 105122/2025
BETWEEN:
MALLAPPA SANGPPA GULPPAGOL,
AGE. 62 YEARS, OCC. RETIRED OFFCICE SUPERINTENDENT,
R/O. SAI NAGAR, NEAR SAI MANDIR,
KATARAKI ROAD, MUDHOL,
DIST. BAGALKOT - 587 313.
...PETITIONER
(BY SRI. RAJA RAGHAVENRA NAIK, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
R/BY THE PRINCIPAL SECRETARY,
DEPARTMENT OF HIGHER EDUCATION,
M.S. BUILDING,
6TH FLOOR, BENGALURU - 560 001.
2. THE PRINCIPAL SECRETARY
DEPARTMENT OF SCHOOL EDUCATION,
M.S. BUILDING, BENGALURU - 560 001.
3. THE COMMISSIONER,
COLLEGIATE ND TECHNICAL EDUCATION,
SHESHADRI ROAD, BENGALURU - 560 001.
4. THE DIRECTOR OF VOCATIONAL EDUCATION,
SCHOOL EDUCATION DEPARTMENT/PRE-UNIVERSITY,
BOARD 18TH CROSS, SAMPIGE ROAD,
MALLESHWARAM, BENGALURU - 560 012.
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NC: 2025:KHC-D:14048
WP No. 103754 of 2025
AND CONNECTED MATTERS
HC-KAR
5. THE JOINT DIRECTOR,
DEPARTMENT OF COLLEGIATE EDUCATION,
MINI VIDHAN SOUDHA, DHARWAD - 580 001.
6. THE DEPUTY DIRECTOR,
SCHOOL EDUCATION PRE- UNIVERSITY
DEPARTMENT KARNATKA, PUBLIC SCHOOL COMPOUND,
VADAGAON, BELAGAVI - 590 006.
...RESPONDENTS
(BY SMT. KIRILATA R. PATIL, HCGP FOR RESPONDENT/STATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR
RECORDS FROM THE RESPONDENTS PERTAINING TO THE
IMPUGNED ORDER. ISSUE A WRIT IN THE NATURE OF WRIT
CERTIORARI DECLARING THAT SECTION 5(1) OF THE
KARNATAKA PART-TIME JOB ORIENTED COURSE EMPLOYEES
ABSORPTION ACT 2011 AS UNCONSTITUTIONAL AND
UNENFORCEABLE (ANNEXURE-C) AND CONSEQUENTLY QUASH
THE IMPUGNED CONDITION NO. 1 IN THE ABSORPTION ORDER
DATED. 31.08.2015 (ANNEXURE-D). ISSUE A WRIT OR ORDER
DIRECTING THE RESPONDENTS TO RECKON THE SERVICE OF
THE PETITIONER FROM THE DATE OF INITIAL ENTRY TILL THE
DATE OF REGULARIZATION FOR THE PURPOSE OF FIXATION OF
PAY, PENSIONARY BENEFITS AND FURTHER DIRECT THEM TO
PAY ALL CONSEQUENTIAL MONETARY BENEFITS INCLUDING
PENSION FORTHWITH AND ETC.,
IN WP NO. 105123/2025
BETWEEN:
SHRIDHAR KHATAWKAR,
AGE 61 YEARS, OCC. RETIRED CRAFT TEACHER,
R/O C/O HIRANYAPPA KHATAWKAR SURAJ NILAYA
HOWDESHWARI NAGAR TSS ROAD SIRSI,
PO SIRSI, DIST: UTTARA KANNADA - 581 401.
...PETITIONER
(BY SRI. RAJA RAGHAVENRA NAIK, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
R/BY THE PRINCIPAL SECRETARY,
DEPARTMENT OF SCHOOL EDUCATION
AND LITERACY 2ND GATE 6TH FLOOR,
M.S. BUILDING, BENGALURU - 560 001.
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NC: 2025:KHC-D:14048
WP No. 103754 of 2025
AND CONNECTED MATTERS
HC-KAR
2. THE COMMISSIONER OF PUBLIC INSTRUCTION,
DEPARTMENT OF SCHOOL EDUCATION,
RODDA ROAD, DHARWAD - 580 008.
3. THE DIRECTOR OF VOCATIONAL EDUCATION,
DEPARTMENT OF SCHOOL EDUCATION,
(PRE-UNIVERSITY), 18TH CROSS,
MALLESHWARAM, BENGALURU - 560 012.
4. THE DEPUTY DIRECTOR, PUBLIC INSTRUCTION
(SCHOOL EDUCATION AND LITERACY),
ZILLA PANCHAYAT BUILDING,
BAGALKOT - 587 101.
5. THE BLOCK EDUCATION OFFICER,
SIDDAPUR TALUK,
DIST: UTTARA KANNADA - 581 329.
...RESPONDENTS
(BY SMT. KIRILATA R. PATIL, HCGP FOR RESPONDENT/STATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR
RECORDS FROM THE RESPONDENTS PERTAINING TO THE
IMPUGNED ORDER. ISSUE A WRIT IN THE NATURE OF WRIT
CERTIORARI DECLARING THAT SECTION 5(1) OF THE
KARNATAKA PART TIME JOB ORIENTED COURSE EMPLOYEES
ABSORPTION ACT 2011 AS UNCONSTITUTIONAL AND
UNENFORCEABLE (ANNEXURE-C BEARING NO.KA/BG-
GPO/2515/WPP-47/2009-2011) AND CONSEQUENTLY QUASH
THE IMPUGNED CONDITION NO.1 IN THE ABSORPTION ORDER
DATED 16.10.2014 (ANNEXURE-D BEARING NO.G12.KAASHI
A.JOC.41.2013-14). ISSUE A WRIT IN THE NATURE OF
CERTIORARI TO QUASH THE ENDORSEMENT ISSUED BY THE
RESPONDENT NO.3 DATED 10.03.2025 VIDE ANNEXURE-S
BEARING NO.ANU1/PM.MO/JOC/195/2024-25 IN THE INTEREST
OF JUSTICE. ISSUE ORDER DIRECTING THE RESPONDENTS TO
RECKON THE SERVICE OF THE PETITIONER FROM THE DATE OF
INITIAL ENTRY TILL THE DATE OF REGULARIZATION FOR THE
PURPOSE OF FIXATION OF PAY ALL CONSEQUENTIAL MONETARY
BENEFITS INCLUDING PENSION FORTHWITH AND ETC.,
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC-D:14048
WP No. 103754 of 2025
AND CONNECTED MATTERS
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. Heard Sri.Raja Raghavendra Naik, learned counsel for the petitioner and Smt.Kirthilata R. Patil, learned HCGP for respondent-State.
2. The petitioners in all these cases are identical to those who had earlier approached this Court in Writ Petition No.105996/2016 and connected matters. This Court, while considering the services rendered by persons possessing job-oriented diploma qualifications and seeking absorption from a retrospective date, i.e., the date of their initial appointment, had negatived such a claim. However, the Court had directed the State to consider their cases for grant of pension, taking into account that the particular cadre was already dwindling in number.
3. The present petitioners are similarly situated as those in the earlier batch of petitions. Therefore, it is necessary for the State to consider the cases of these
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NC: 2025:KHC-D:14048 WP No. 103754 of 2025 AND CONNECTED MATTERS HC-KAR petitioners as well, if such consideration has already ensued pursuant to the order passed by this Court on 20.12.2023. This Court, in the aforesaid judgment, has held as follows:
" 2. The facts in brief are as follows:
The petitioner was appointed as a part time worker/teacher in Tailoring and Embroidery in Job Oriented Diploma Course at the 5th respondent/B.R.Ambekar Education Society, Shidenur on 01-08-1991. It is the claim of the petitioner that her appointment was approved by the competent authority on 28-09-1991. Later she joined the 6th respondent/B.E.M.S. Arts and Commerce College, Byadagi on 15-07-1992. Owing to the fact that the petitioner and several other employees working in job oriented courses had to be regularized, the Government of Karnataka notified the Karnataka Part Time Job Oriented Course Employees Absorption Act, 2011 ('the Act' for short). The petitioner, like every other job oriented course employee, was absorbed under the Act. She continued to work after the absorption and retired on attaining the age of superannuation on 31-10-2013. It is the claim of the petitioner that she is entitled to terminal benefits for having worked close to 22 years under the services of the State Government. That having not been granted, she has knocked at the doors of this Court in the present petition seeking a direction by issuance of a writ in the nature of mandamus for grant of pension and other terminal benefits.
3. During the pendency of the petition, the petition is amended to seek a declaration with regard to the constitutional validity of Section 5 of the Act. All other companion petitions also raise a similar challenge. The respective dates of entry into service and date of retirement vary, but in effect, every petition seek a declaration that Section 5 of the Act to be declared as unconstitutional.
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NC: 2025:KHC-D:14048 WP No. 103754 of 2025 AND CONNECTED MATTERS HC-KAR
4. Heard Sri K.L.Patil, learned counsel appearing for the petitioners and Sri J.M. Gangadhar, learned Additional Advocate General appearing for respondents 1 to 4 in all the petitions and Sri Rajashekhar S Gunjalli, learned counsel for respondent No.5 in W.P.No.100738 of 2017.
5. The learned counsel Sri K.L. Patil representing the petitioners would vehemently contend that the petitioners were not in a position to bargain at the time when they were offered absorption into the services of Government. What was more important to them at that point in time was absorption into the services and, therefore, they quietly took it and are now challenging the provision of the Act which takes away the right of the petitioners even to receive pension. He would seek to place reliance upon plethora of judgments rendered by several coordinate Benches of this Court which all pertain to regularization of employees working in job oriented courses. They would bear consideration as per the relevance in the course of the order.
6. Per-contra, the learned Additional Advocate General Sri J.M. Gangadhar would vehemently refute the submissions to contend that the petitioners were offered absorption under the Act. Section 5 of the Act takes away all benefits. It only provides security of tenure and, therefore, merely because the petitioners claim to be aggrieved by a particular section at a later point in time, they cannot contend that the provision itself is un- constitutional, as benefit of the Act is taken in its entirety by the petitioners. He would also seek to place reliance upon several judgments of the Apex Court and that of co-ordinate Benches of this Court, all of which will bear consideration as per their relevance in the course of the order.
7. I have given my anxious consideration to the submissions made by the respective learned counsel and have perused the material on record.
8. The afore-narrated facts are not in dispute. The petitioners, in all these cases, are employees who were working in job oriented courses, their dates of appointment, approval of appointments and dates of retirement vary. They are as per the chart given below:
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NC: 2025:KHC-D:14048 WP No. 103754 of 2025 AND CONNECTED MATTERS HC-KAR Particulars Date of Approval of Date of "Sl. Appointment the Retirement No. Appointment 1 Hemavati 01/08/1991 28/09/1991 31/10/2013 Murgod (Annexure- (Annexure- (Annexure-E) A) B) 2 Vanita 01/07/1988 28/03/1993 29/02/2016 Kulkarni (Annexure- (Annexure- (Annexure-F) A) A1) 3 Shridhar Gudi 05/10/1988 11/11/1988 28/02/2014 (Annexure- (Annexure- (Superannuation)"
A) B) For an illustration, the petitioner in Writ Petition No.105996 of 2016 is appointed on 01-08-1991;
appointment is approved on 28-09-1991 and the Act absorbs the petitioner into the services of the State. The petitioner continues under the Act from 30-05-2011 and retires on attaining the age of superannuation on 31-10- 2013 after completing close to 22 years of service. These factors remain the same in all the other cases except variance in the date of appointment, date of approval and date of retirement. All of them have served more than 22 years of service in job oriented courses either in teaching capacity or in any non-teaching capacity. These are facts which are not in dispute. One common stream that runs through all these petitions is that all the petitioners got absorbed in terms of the Act and all these petitioners after their respective dates of retirement have called in question Section 5 of the Act which takes away the right to receive terminal benefits. In the light of declaration being sought qua Section 5 of the Act, I deem it appropriate to notice certain provisions of the Act.
9. The State Government thought it fit to promulgate an Act to absorb employees working in part-time job oriented courses. The preamble to the Act reads as follows:
"Act 22 of 2011,- It is considered necessary to enact a legislation to absorb the part time Job Oriented Course employees working in the job oriented courses in Pre- university Education consequent upon the
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NC: 2025:KHC-D:14048 WP No. 103754 of 2025 AND CONNECTED MATTERS HC-KAR closure of Job Oriented Courses from the academic year 2011-12 and also provide for, -
(1) Absorption of the teaching and non-
teaching staff, who have worked for more than five years as part time employees in Government JOC institutions, in vacant posts of any of the Government Department.
(2) Absorption of the teaching and non-
teaching staff, who have worked for more than five years in Private Ai Institutions as part time employees, in vacant post of any of the Private Aided JOC institutions.
(3) Certain other matters connected therewith or incidental thereto."
The Act was promulgated to absorb all such employees working in part-time Job Oriented Courses. Section 3, 4 and 5 of the Act which are relevant for consideration of the lis read as follows:
"3. Absorption of the part time Job Oriented Course employee.- (1) Notwithstanding anything contained in any other law for the time being in force, the part time Job Oriented Course employees whose names are notified by the Government under this section, except those working in private aided institutions, shall be considered for absorption, on following the reservation policy of the State, in such category of equivalent vacant post and service in Pre-university Education service as may be specified therein, as a onetime measure:
Provided that if sufficient number of vacant posts are not available in Pre- university Education service, the Government shall obtain the information regarding number of vacancies in equivalent posts available in
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NC: 2025:KHC-D:14048 WP No. 103754 of 2025 AND CONNECTED MATTERS HC-KAR other departments and then notify the eligible candidates to these posts:
Provided further that,-
(a) no part time Job Oriented Course employee shall be absorbed as above, unless he has discharged the duties of the post continuously as part time Job Oriented Course employee for not less than five years without any breaks in his service for the reasons which are directly attributable to him;
(b) no part time Job Oriented Course employee shall be absorbed unless he possessed the qualification prescribed for the post on the date of his absorption under the relevant rules of recruitment;
(c) the appointment shall not be made under this Act against any post earmarked to be filled from among candidates belonging to the Scheduled Castes or the Scheduled Tribes in accordance with the reservation or provided by or under any law or any order unless there are candidates belonging to those classes available from among the part time Job Oriented Course employees to be absorbed, otherwise such posts shall be treated as back-log to be filled by process of special recruitment from among these classes.
(2) In case of part time Job Oriented Course employees working in private aided institutions, the Government may direct the aided institutions to absorb the eligible persons against the suitable vacancies available or against the future vacancies in any private aided institutions.
4. Procedure for absorption of part time Job Oriented Course
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NC: 2025:KHC-D:14048 WP No. 103754 of 2025 AND CONNECTED MATTERS HC-KAR employee.- (1) The State Government shall constitute a Committee consisting of such number of members as it deems fit, for the purpose of recommending to the State Government, the names of part time Job Oriented Course employees, who fulfills the conditions specified in this Act and eligible for absorption. The State Government shall on receipt of such recommendation, notify the names so recommended by the Committee in accordance with section 3.
(2) The Government shall also constitute separately one such committee in respect of part time Job Oriented Course employees in private aided institutions.
(3) The Committee shall determine its own procedure.
(4) The entire process of recommendation of names of eligible part time Job Oriented Course employees and notifying such names shall as far as may be completed within one year from the date of commencement of this Act.
(5) The Appointing Authority shall after verifying the antecedents of the persons notified under sub-section (1) and after verifying the suitability for appointment shall absorb him in the notified equivalent vacant post in accordance with rules 10 and 12 of the Karnataka Civil Services (General Recruitment) Rules, 1977:
Provided that in respect of private aided institutions, the Appointing Authority in such institutions shall appoint the notified persons of aided institutions in the vacancies available in those institutions.
Pay fixation, seniority and leave of part time Job Oriented Course employee absorbed under these rules.- Notwithstanding anything contained in any other law for the time being in force or any
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NC: 2025:KHC-D:14048 WP No. 103754 of 2025 AND CONNECTED MATTERS HC-KAR other rules governing conditions of service made or deemed to have been made under the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990), the initial basic pay of an absorbed part time Job Oriented Course employees, under this Act after he reports to duty, shall be fixed at the minimum of the time scale of pay of the category of post in which he is absorbed and the services rendered before his absorption shall not be counted for the purposes of pay, seniority and leave or pension:
Provided that in respect of private aided institutions, the part time Job Oriented Course employees so appointed shall be eligible for similar benefits in aided institutions.
The inter-se seniority of the persons absorbed under this Act shall be determined according to the length of service of the said part time Job Oriented Course employee from the date of completion of five years, and if the length of service of two or more persons is same, the older in age is treated as senior to the person who is younger in age."
(Emphasis supplied) Section 3 deals with absorption of such employees who were working in part-time job oriented course and whose names were notified in terms of Section 3 except those working in private aided institutions. The procedure for absorption is dealt with under Section 4. In terms of Sections 3 and 4 of the Act, the petitioners become employees of the State Government in equivalent posts be it teaching or non-teaching, to whom the Rules of the State become applicable i.e., K.C.S.R.s and allied Rules. Section 5 which forms the fulcrum of the lis deals with pay fixation, seniority and leave of part-time job oriented course employees absorbed under the Rules. Sub-section (1) of Section 5 gives all the benefits of absorption including basic fixation of pay and time scale of pay to the category of
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NC: 2025:KHC-D:14048 WP No. 103754 of 2025 AND CONNECTED MATTERS HC-KAR posts in which they are absorbed into, but the past service prior to the date of absorption is denied for the purpose of pay, seniority, leave and pension. It is this mandate that has driven the petitioners to this Court in these petitions. The submission is that the petitioners were given the choice of absorption and were in a take it or leave it situation and had to get themselves absorbed. When pension was not paid, they have now sought declaration declaring Section 5 of the Act, insofar as it denies the aforesaid benefits, as unconstitutional.
10. The petitioners were all working in part-
time, employed in job oriented courses viz., Tailoring, Embroidering and Automobiles. Though the petitioners tried to project that they were not in a position to bargain with regard to pay, seniority, leave or pension at the time of absorption, what is to be noticed is that, they were part-time employees. Whether they have rendered full time service or not is not within the domain of this Court to decide. The submission that the Act or the Rules take away the right to pension and on that score to declare it to be unconstitutional is wholly untenable. The petitioners became regular employees of the State only under the Act. Having accepted the conditions of the Act and then becoming employees of the State on part-time basis, the petitioners cannot contend that they be given pension or any other benefit that is available to a regular employee for the service that they had rendered on part-time basis.
11. It may be grave situation where few of the employees who get absorbed retired within two or five years or even nine years after such absorption. Their pay can be notionally fixed, but they were entitled to such pay as every other Government employee would be entitled to. Insofar as pension is concerned, the same is governed by the Karnataka Civil Service Rules which require a minimum of 10 years of service, service I mean, regular service, akin to a regular employee, doing full time work to become entitled to even invalid pensionif not regular pension. It is an admitted fact that none of the petitioners in these petitions have completed even 10 years of service after
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NC: 2025:KHC-D:14048 WP No. 103754 of 2025 AND CONNECTED MATTERS HC-KAR absorption. Therefore, this Court cannot now render the conditions of absorption illusory by granting the petitioners pension for part-time duties that they had performed be it 20 years or 25 years even. The Rules of absorption generally generate hardship, as the conditions in the Rules of absorption are binding upon the parties who accepted such Rules. On the basis of such election, they cannot be held to be unconstitutional at a later point in time, because it takes away the right to receive certain benefits.
2. The Apex Court in the case of INDU SHEKHAR SINGH AND OTHERS v. STATE OF U.P. AND OTHERS1 has held as follows:
"23. The High Court evidently proceeded on the premise that seniority is a fundamental right and thereby, in our opinion, committed a manifest error.
The question which arises is as to whether the terms and conditions imposed by the State in the matter of absorption of Respondents 2 to 4 in the permanent service of the Ghaziabad Development Authority is ultra vires Article 14 of the Constitution of India.
The State was making an offer to the respondents not in terms of any specific power under the Rules, but in exercise of its residuary power (assuming that the same was available). The State, therefore, was within its right to impose conditions. The respondents exercised their right of election. They could have accepted the said offer or rejected the same. While making the said offer, the State categorically stated that for the purpose of fixation of seniority, they would not be obtaining the benefits of services rendered in the U.P. Jal Nigam and would be placed below in the cadre till the date of absorption. The submission of Mr Verma that the period for which they were with the Authority by way
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NC: 2025:KHC-D:14048 WP No. 103754 of 2025 AND CONNECTED MATTERS HC-KAR of deputation, should have been considered towards seniority cannot be accepted simply for the reason that till they were absorbed, they continued to be in the employment of the Jal Nigam. Furthermore, the said condition imposed is backed by another condition that the deputed employee who is seeking for absorption shall be placed below the officers appointed in the cadre till the date of absorption. Respondents 2 to 4 accepted the said offer without any demur on 3-9-
1987, 28-11-1991 and 6-4-1987
respectively.
They, therefore, exercised their right of option. Once they obtained entry on the basis of election, they cannot be allowed to turn round and contend that the conditions are illegal. (See R.N. Gosain v. Yashpal Dhir [(1992) 4 SCC 683], Ramankutty Guptan v. Avara [(1994) 2 SCC 642] and Bank of India v. O.P. Swarnakar [(2003) 2 SCC 721 : 2003 SCC (L&S) 200].) Furthermore, there is no fundamental right in regard to the counting of the services rendered in an autonomous body. The past services can be taken into consideration only when the Rules permit the same or where a special situation exists, which would entitle the employee to obtain such benefit of past service.
... ... ...
55. It was thus, open to the respondents herein not to agree to in spite of the said conditions as they had already been working with a statutory authority; they, however, expressly consented to do so. They must have exercised their option, having regard to benefits to which they were entitled to in the new post. Once such option is exercised, the consequences attached thereto would ensue. (See HEC
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NC: 2025:KHC-D:14048 WP No. 103754 of 2025 AND CONNECTED MATTERS HC-KAR Voluntary Retd. Employees Welfare Society v. Heavy Engg. Corpn. Ltd. [(2006) 3 SCC 708: 2006 SCC (L&S) 602: JT (2006) 3 SC 102])"
(Emphasis supplied) Though the issue before the Apex Court was concerning seniority qua an Absorption Rule and the High Court had held in favour of the employees that they are entitled to fundamental right of seniority, the Apex Court upturns the judgment of the High Court and observes as quoted hereinabove. The Apex Court holds that employees' who exercise their right of option, cannot be seen to be challenging it after having accepted the conditions. They could have accepted or rejected. The Apex Court in a later judgment in PEPSU ROAD TRANSPORT CORPORATION v. S.K. SHARMA AND OTHERS has held as follows:
"24. The High Court further erred in relying upon law which is applicable when there is no merger of government concern with the private concern but only individual employees are transferred on deputation or on foreign service to other organisations/services. The ordinary rules providing for asking of option or issuance of letters of absorption depend upon the nature of stipulations which may get attracted to a case of deputation. There may be similar stipulations in case of merger by transfer. But if there are no such stipulations like in the present case then the transferee concern like the Corporation has no obligation to ask for options and to issue letters of options to individual employees who become employees of the transferee organisation simply by virtue of order and action of transfer of the whole concern leading to merger. No doubt in case of any hardship, the affected employees have the option to protest and challenge either the merger itself or any adverse stipulation. However, if the employees choose to accept the transition of their service from one concern to
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NC: 2025:KHC-D:14048 WP No. 103754 of 2025 AND CONNECTED MATTERS HC-KAR another and acquiesce, then after decades and especially after their retirement they cannot be permitted to turn back and challenge the entire developments after a gap of decades."
The Apex Court holds that if the employees choose to accept the conditions, they would have acquiesced in those conditions and then after decades, especially after retirement, they cannot be permitted to turn back and challenge the very source from which they were born.
13. Since the prayer sought is to declare Section 5 of the Act to be unconstitutional, it becomes germane to notice identical promulgation in service jurisprudence in the case of NAGALAND SENIOR GOVERNMENT EMPLOYEES WELFARE ASSOCIATION AND OTHERS v. STATE OF NAGALAND AND OTHERS3 wherein the Apex Court holds as follows:
"(C) Presumption of constitutionality
41. That there is always a presumption in favour of the constitutionality of an enactment and that the burden is upon the person who attacks it, is a fairly well-settled proposition. In Mohd. Hanif Quareshi v. State of Bihar [AIR 1958 SC 731] this Court stated: (AIR pp. 740-41, para 15) "15. ... The classification, it has been held, may be founded on different bases, namely, geographical, or according to objects or occupations or the like and what is necessary is that there must be a nexus between the basis of classification and the object of the Act under consideration.
The pronouncements of this Court further establish, amongst other things, that there is always a
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NC: 2025:KHC-D:14048 WP No. 103754 of 2025 AND CONNECTED MATTERS HC-KAR presumption in favour of the constitutionality of an enactment and that the burden is upon him, who attacks it, to show that there has been a clear violation of the constitutional principles. The courts, it is accepted, must presume that the legislature understands and correctly appreciates the needs of its own people, that its laws are directed to problems made manifest by experience and that its discriminations are based on adequate grounds."
42. The aforesaid legal position was reiterated in Mahant Moti Das v. S.P. Sahi [AIR 1959 SC 942] in the following words: (AIR p. 947, para 7)
7. ... The decisions of this Court further establish that there is a presumption in favour of the constitutionality of an enactment and the burden is upon him who attacks it to show that there has been a clear transgression of the constitutional guarantee; that it must be presumed that the legislature understands and correctly appreciates the needs of its own people and that its laws are directed to problems made manifest by experience and that its discriminations are based on adequate grounds; and further that the legislature is free to recognise degrees of harm and may confine its restrictions to those cases where the need is deemed to be the clearest."
In State of U.P. v. Kartar Singh [AIR 1964 SC 1135 : (1964) 2 Cri LJ 229 :
(1964) 6 SCR 679] the Constitution Bench
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NC: 2025:KHC-D:14048 WP No. 103754 of 2025 AND CONNECTED MATTERS HC-KAR of this Court held that where a party seeks to impeach the validity of a rule on the ground of such rule offending Article 14, the burden is on him to plead and prove infirmity. This Court said: (AIR p. 1138, para 15) "15. ..., if the rule has to be struck down as imposing unreasonable or discriminatory standards, it could not be done merely on any a priori reasoning but only as a result of materials placed before the Court by way of scientific analysis. It is obvious that this can be done only when the party invoking the protection of Article 14 makes averments with details to sustain such a plea and leads evidence to establish his allegations. That where a party seeks to impeach the validity of a rule made by a competent authority on the ground that the rules offend Article 14 the burden is on him to plead and prove the infirmity is too well established to need elaboration. If, therefore, the respondent desired to challenge the validity of the rule on the ground either of its unreasonableness or its discriminatory nature, he had to lay a foundation for it by setting out the facts necessary to sustain such a plea and adduce cogent and convincing evidence to make out his case, for there is a presumption that every factor which is relevant or material has
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NC: 2025:KHC-D:14048 WP No. 103754 of 2025 AND CONNECTED MATTERS HC-KAR been taken into account in formulating the classification of the zones and the prescription of the minimum standards to each zone, and where we have a rule framed with the assistance of a committee containing experts such as the one constituted under Section of the Act, that presumption is strong, if not overwhelming."
44. In Sub-Divisional Magistrate, Delhi v. Ram Kali [AIR 1968 SC 1 : 1968 Cri LJ 82] the Constitution Bench of this Court reiterated the legal position thus: (AIR p. 3, para 5) "5. ... The presumption is always in favour of the constitutionality of an enactment, since it must be assumed that the legislature understands and correctly appreciates the needs of its own people, and its laws are directed to problems made manifest by experience and its discriminations are based on adequate grounds."
45. In Pathumma v. State of Kerala [(1978) 2 SCC 1] a seven-Judge Bench of this Court highlighted that the legislature is in the best position to understand and appreciate the needs of the people as enjoined by the Constitution. It was stated: (SCC p. 9, para 6) "6. It is obvious that the legislature is in the best position to understand and appreciate the needs of the people as enjoined by the Constitution to bring about social reforms for the upliftment of the backward and the weaker
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NC: 2025:KHC-D:14048 WP No. 103754 of 2025 AND CONNECTED MATTERS HC-KAR sections of the society and for the improvement of the lot of poor people. The Court will, therefore, interfere in this process only when the statute is clearly violative of the right conferred on the citizen under Part III of the Constitution or when the Act is beyond the legislative competence of the legislature or such other grounds. It is for this reason that the Courts have recognised that there is always a presumption in favour of the constitutionality of a statute and the onus to prove its invalidity lies on the party which assails the same."
46. A two-Judge Bench of this Court in Fertilisers and Chemicals Travancore Ltd. v. Kerala SEB [(1988) 3 SCC 382] emphasised that the allegations of discrimination must be specific and that the action of governmental authorities must be presumed to be reasonable and in public interest. It is for the person assailing it to plead and prove to the contrary."
(Emphasis supplied) The Apex Court holds that constitutionality of the provision which is akin to what is called in question in the case at hand is presumed and the burden will be heavily upon the person attacking it, to demonstrate unconstitutionality. The demonstration by the petitioners reasonably fail, as this court finds nothing unconstitutional about the Absorption Act, particularly with the fact that the petitioners have reaped the benefits of the Act and have transformed themselves from part-time to full time employees under the services of the State. On a coalesce of the aforesaid judgments of the Apex Court what would unmistakably emerge is that the hardship that is caused is caused due to the benefit that the petitioners
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NC: 2025:KHC-D:14048 WP No. 103754 of 2025 AND CONNECTED MATTERS HC-KAR reaped by getting themselves absorbed into the services of the State under the Act. Conditions cannot be diluted after it having been accepted by the petitioners.
14. Insofar as the judgment relied on by the learned counsel for the petitioners, they were all judgments rendered in different circumstances, few of them had sought regularization of their services or absorption into the service of the State as they were similarly placed. Mandamus was issued to the State time and again to consider cases of those petitioners for regularization or absorption. It is those cases that are now projected by the petitioners seeking to demonstrate that the petitioners are entitled to leave, pay, seniority and pension which the Act specifically takes it away. A solitary judgment is projected where an employee who was working in a part-time job oriented course dies which is before absorption and his name figured in the list in terms of Section 3 of the Act. The Court directed settlement of all pensionary benefits. This was challenged before the Apex Court only to be rejected. This is now sought to be projected that all the petitioners who are absorbed in these job oriented courses should be granted pension. The submission is unacceptable, as the co-ordinate Bench or the Division Bench did not consider Section 5 of the Act. It was rendered on humanitarian grounds, as the husband of the petitioner therein had died just before the Absorption Act was notified. The said judgment would not render any assistance to the petitioners.
15. The judgment relied on in the case of SOMESH THAPLIYAL AND ANOTHER v. VICE CHANCELLOR, H.N.B. GARHWAL UNIVERSITY AND ANOTHER to contend that it is open to the employee to challenge the conditions of employment at a later point in time, if he is aggrieved, is of no assistance. The Apex Court therein entertained the plea on the score that the conditions imposed on the petitioners therein were contrary to the statute. Therefore, the said judgment is distinguishable without much ado. In the case at hand, the conditions imposed are not contrary to the statute but in the statute itself. No ground urged by the petitioners would lead to rendering Section 5 of the Act as unconstitutional or a mandamus to be issued for grant of pension or other benefits contrary to Section 5.
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NC: 2025:KHC-D:14048 WP No. 103754 of 2025 AND CONNECTED MATTERS HC-KAR
16. Petitions lacking in merit stand rejected. The rejection of the petitions will not however, come in the way of the State considering the cases of these petitioners, only for the purposes of pension, owing to the fact that they are already a dwindling tribe and not for any other benefit.
Pending applications, if any, also stand disposed, a consequence."
4. In view of the issue, nature of service, and interpretation of the applicable rules being identical, the present petitions stand disposed of on the same reasoning and terms as those rendered in the aforesaid writ petitions.
5. Ordered accordingly.
Sd/-
(M.NAGAPRASANNA) JUDGE AC, CT:ASC LIST NO.: 1 SL NO.: 66