Karnataka High Court
Mohammad Irfan vs The Director General on 18 March, 2025
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NC: 2025:KHC:11518
WP No. 6669 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ
WRIT PETITION NO. 6669 OF 2025 (S-RES)
BETWEEN:
1. MOHAMMAD IRFAN,
S/O MD. NAYAZ AHMAD,
AGE 45 YEARS
OCC: DAILY WAGES CASUAL LABOUR,
R/O H.L. ROAD, 2ND CROSS,
CHITRADURGA - 577 501.
2. S. BASAVARAJA
S/O K SIDDAYYA
AGED 53 YEARS
OCC: DAILY WAGES CASUAL LABOUR,
R/O KAMANABHAVI EXTENSION,
CHITRADURGA FORT, CHITRADURGA - 577 201.
Digitally KARNATAKA.
signed by
SUMA
Location: 3. R. LOKESHA,
HIGH S/O RAMAPPA,
COURT OF
KARNATAKA AGED 48 YEARS,
OCC: DAILY WAGES CASUAL LABOUR,
R/O KAMANABHAVI EXTENSION,
CHITRADRUGA FORT,
CHITRADURGA - 577 501.
4. MR. N.R. KIRAN KUMAR,
S/O RAMANNA,
AGED 42 YEARS,
OCC: DAILY WAGES CASUAL LABOUR
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NC: 2025:KHC:11518
WP No. 6669 of 2025
R/O NAGAMANGALA
MANDYA DISTRICT.
5. DAYANAND G
S/O G BASAVARAJ
AGE: 37 YEARS
OCC: DAILY WAGES CASUAL LABOUR
R/O KAMANABHAVI EXTENSION
CHITRADURGA FORT,
CHITRADURGA - 577 501.
...PETITIONERS
(BY SMT. MAMATA G. KULKARNI, ADVOCATE)
AND:
1. THE DIRECTOR GENERAL
ARCHAEOLOGICAL SURVEY OF INDIA,
DHAROHAR BHAWAN, 24 TILAK MARG,
NEW DELHI - 110 001,
REPRESENTED BY DIRECTOR GENERAL.
2. GOVERNMENT OF INDIA,
DEPARTMENT OF CULTURE,
OFFICE OF THE SUPERINTENDING
ARCHAEOLOGIST,
ARCHAEOLOGICAL SURVEY OF INDIA,
KENDRIYA SADAN, KORAMANGALA
BANGALORE CIRCLE - 560 024,
REPRESENTED BY SUPERINTENDENT,
ASI, BANGALORE.
3. GOVERNMENT OF INDIA,
MINISTRY OF CULTURE,
OFFICE OF THE ASSISTANT
SUPERINTENDING ARCHEOLOGIST,
ARCHAEOLOGICAL SURVEY OF INDIA,
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NC: 2025:KHC:11518
WP No. 6669 of 2025
CHITRADURGA SUB CIRCLE,
CHITRADURGA - 560 001.
...RESPONDENTS
(BY SRI. S.R. DODWAD, CGC)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION
TO RESPONDENTS TO CONSIDER THEIR REPRESENTATIONS
DATED 22-7-2024, 23-7-2024, 19-7-2024, 23-7-2024
ENCLOSED TO ANNEXURE-P, REQUESTING RESPONDENTS TO
TAKE SUITABLE ACTION FOR IMPLEMENTATION OF THE ORDER
OF THIS HONBLE COURT VIDE ORDER DATED 15-11-2021,
PASSED IN W.P. 47137/2018 VIDE ANNEX-F AND GRANT
1/30TH SCHEME AND ALSO TO REGULARIZE THEIR SERVICE,
LIKE DONE IN RESPECT OF HAMPI CIRCLE CASUAL LABOURERS
AND ALSO IN REPSECT OF SIMLA RANGES LABOURERS, IN THE
INTERESTS OF JUSTICE AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R. NATARAJ
ORAL ORDER
The petitioners have sought for writ in the nature of mandamus to direct respondent No.1 to consider their representations dated 22.07.2024, 23.07.2024, 19.07.2024, 23.07.2024 to regularize their services as is done in WP No.47137/2018.
2. The petitioners contend that respondent No.1 introduced a scheme of "1/30th of minimum wages" -4-
NC: 2025:KHC:11518 WP No. 6669 of 2025 (herein after referred to as "Scheme" for short) under which casual labourers were offered a daily wage equivalent to 1/30th of the minimum pay scale of a regular Group-D employee. Respondent No.2 sent an offer letter dated 10.09.2014 to the petitioners, granting them the benefit of the scheme, subject to fulfilment of the conditions laid down therein. The petitioners accepted the terms and conditions of the scheme and reported to duty as casual labourers under the scheme. They contend that they were working at the office of respondent No.3 for the last 12 to 15 years and were specially trained in conservation and maintenance of ancient monuments.
3. The petitioners contend that they submitted all their relevant documents to respondent No.3, who forwarded them to respondent No.2 for consideration. After receipt of all the prescribed documents, respondent Nos.1 and 2 did not grant the benefit of the scheme to the petitioners. Therefore, they submitted a representation to respondent No.2 (through the Jr. Conservation Assistant -5- NC: 2025:KHC:11518 WP No. 6669 of 2025 Chitradurga) requesting him to grant the benefit of the scheme. Thereafter, respondent No.3 addressed a letter dated 11.06.2018 to respondent No.2 along with the earlier representations of the petitioners. However, the respondents did not consider the request of the petitioners and therefore, they approached this Court in WP No.47137/2018. This Court disposed off the writ petition by order dated 15.11.2021 and directed the respondents herein to consider the case of the petitioners for grant of wages under the scheme and for regularization if they fulfill other eligibility criteria.
4. After the disposal of the writ petition, the petitioners once again gave a representation through proper channel, along with the copy of the order passed by this Court in WP No.47137/2018. The representations were forwarded by respondent No.3 to respondent No.2 on 27.01.2022 along with the earlier representations of the petitioners. Respondent No.1 sent separate letters to all the petitioners on 21.01.2022, requesting them to produce -6- NC: 2025:KHC:11518 WP No. 6669 of 2025 necessary documents to show the date of their appointment and other details and informed the petitioners that further action would be taken after receipt of the documents. The respondent No.2 by a communication dated 28.11.2022 sought more documents from the petitioners, which they furnished. Even though the petitioners had submitted all documents, the respondents did not take any action on the representations. Later on 01.03.2023, respondent No.2 addressed a letter to respondent No.1 requesting to take early action to comply the order passed by this Court in WP No.47137/2018. Again a letter dated 08.01.2024 was addressed by respondent No.2 to respondent No.1, which did not evoke any response from respondent No.1.
5. The petitioners contend that respondent No.3 addressed another letter dated 23.07.2024 to respondent No.2 to consider the requests of the petitioners and enclosed therewith representations of the petitioners. They contend that the benefit of the scheme was extended -7- NC: 2025:KHC:11518 WP No. 6669 of 2025 to all casual labourers working under respondent No.1 and that the High Court of Jammu and Kashmir had passed an order dated 12.11.2018 in SWP No.290/2018 and directed respondent No.1 to regularize the services of casual labourers if they fulfilled the eligibility criteria. They contend that the benefit of the scheme was extended to 55 casual labourers working in Hampi Range in compliance of the Order dated 05.10.2023 passed by the Dharwad Bench of this Court in WP No.105799/2023. Therefore, the petitioners contend that they are entitled to similar treatment and thus prayed for direction to respondent No.1 to consider their representations.
6. Learned counsel for the petitioners reiterated the above and contended that the petitioners are entitled to be treated alike.
7. This petition is opposed by the learned Central Government counsel for the respondents. They contend that the question whether the petitioners are entitled to the benefit of the scheme or regularization would be -8- NC: 2025:KHC:11518 WP No. 6669 of 2025 considered by respondent No.1 in light of the order passed by this Court in WP No.47137/2018 as well as order passed in WP No.105799/2023 by the Dharwad Bench of this Court and in SWP No.290/2018 by the High Court of Jammu and Kashmir.
8. In view of the aforesaid submission of the learned counsel for the respondents, this writ petition is disposed off by directing respondent No.1 to consider the case of the petitioners as well as their representations for grant of benefit of the scheme or for regularization in accordance with law, more particularly in light of the order passed by this Court in the writ petitions mentioned above and order passed by the High Court of Jammu and Kashmir in SWP No.290/2018.
9. This shall be complied within a period of three months from the date of receipt of copy of this Order. It is made clear that this Court has not expressed any opinion on the merits of the claim of the petitioners. In order to -9- NC: 2025:KHC:11518 WP No. 6669 of 2025 ensure compliance of the above order, list this petition on 01.07.2025.
Sd/-
(R. NATARAJ) JUDGE AT List No.: 1 Sl No.: 30 CT: BHK