Full Judgment
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 950 OF 2025 (S-RES) BETWEEN:
1. KANTAYYA SON OF CHANABASAYYA PURANIK MATH AGED 51 YEARS RESIDING AT JAVA ROAD, AZAD CIRCLE, KOPPAL 583231
2. SAGAR TULSIDAS PADWALKAR SON OF TULSIDAS AGED 51 YEARS, RESIDING AT HOSALI, PO ANGADI, KARWAR UTTARKANNADA - 581360 Digitally signed by VASANTHA 3. SMT. D SHANTA LAKSHMI KUMARY B
K WIFE OF V SATHISH Location: AGED 54 YEARS HIGH RESIDING AT SRI DATA NILAYA,COURT OF KARNATAKA 1ST MAIN, 1ST PARALLEL ROAD, 4TH CROSS, JAYANAGAR WEST TUMKUR - 572102
4. SMT. HEMALATHA M S WIFE OF SHASHI KANTHA MP AGED 37 YEARS RESIDING AT LIG 76, KHB COLONY KALKUNIKE HUNSUR TALUK, MYSURU 571105 -2-
5. SMT. SAVITHA T HEGDE WIFE OF MAHABALESHWAR B.R. AGED 54 YEARS RESIDING AT D NO. 1163, CH 5/1, BAJANNA LANE CHAMARAJAPURAM, MYSURU 570005
6. SMT. CHIKKATHAI B WIFE OF NAGARAJ M AGED 49 YEARS RESIDING AT NO. 2492, 5TH CROSS, KG KOPPAL MYSURU 571105
7. SMT REKHATAI BAPURAO KULKARNI CARE OF SANJEEV S DESHPANDE AGED 50 YEARS RESIDING AT PLOT NO 32, GANESH NAGAR, NEAR PAND T QUARTS, OLD JAWARI ROAD, GULBARGA 585102
8. ROOPESH C M SON OF MR. C M MAHADEVAPPA AGED 49 YEARS RESIDING AT NO. 20/206, KUMBARA STREET CHAMARAJ NAGAR 571313
9. N D KAMANNA SON OF DODDAIAH AGED 47 YEARS RESIDING AT VILLAGE NAVILU KURIKE PO AGRAHARA, KORATAGERE, TUMKUR 572129
10. DHARAMANNNA SON OF RAMANNA BESTAR AGED 31 YEARS RESIDING AT DEVRAJ ARAS COLONY KOPPAL 583231 -3-
11. SMT. H E LALITHA WIFE OF NAGARAJ H Y AGED 45 YEARS RESIDING AT BABBU NIVAS, GANDHI NAGAR, VIRAJPET TALUK, KODAGU 571218
12. R SHRIKANT SON OF T S RAJU AGED 39 YEARS RESIDING AT DR NO. 16/10, MANGALA DEVI NAGAR MADIKERI, KODAGU
13. UMESH K SON OF KEMPAIAH, AGED 43 YEARS RESIDING AT HONNALI ROAD, CHOWDESHWARI COLONY, SHIMOGA 577201
14. D RAJASHEKAR SON OF LATE P.M. DWARAKANATHA CARE OF KUPPANNA, AGED 49 YEARS RESIDING AT NEAR JAGADAMBA TEMPLE, VIDYANAGAR SHIMOGA 577203
15. SHIVARAJA SON OF UPENDRA M AGED 32 YEARS RESIDING AT ASHOKA ROAD, ANANDAPURAM, SAGAR TQ, SHIMOGA - 577412
16. KUMAR SHIVAPUTRA PASCHAPURE SON OF SHIVAPUTRA PASCHAPURE AGED 34 YEARS RESIDING AT H NO. 46, LAXMI NAGAR, AT/PO BELKUD, -4- CHIKODI BALAGAVI 591222
17. MALLESH YAMANAPPA WAGGE SON OF YAMANAPPA AGED 48 YEARS RESIDING AT BUDHA NAGAR, NEAR B K COLLEGE CHIKODI, BELAGAVI 591201
18. SMT. VAISHALI SHIVAJI KAMBLE DAUGHTER OF SHIVAJI KAMBLE AGED 40 YEARS RESIDING AT HOUSE NO.25, SECTOR NO.5, 4TH CROSS SHRINAGAR BELGAVI 590001
19. MAHANTESH SIDDAPPA SANKAL SON OF SIDAPPA AGED 51 YEARS RESIDING AT APMC ROAD, GANDHI NAGAR, GOKAK, BELGAVI 591222
20. RAMACHANDRA VASANTRAO INDIKAR SON OF VASANTRAO INDIKAR AGED 48 YEARS RESIDING AT H NO. 36, KSRTC COLONY, BAGALKOT ROAD, VIJAYAPUR
21. PRAKASH HANAMANT KATTIMANI SON OF HANAMANT AGED 47 YEARS RESIDING AT DARBAR GALLI, BHIDE CHAWL, SUNAND BATTI, BAGALKOT ROAD, VIJAYAPUR - 586101
22. MOHAMMED ARIF ABIBUSMAN NEGINAL SON OF ABIBUSMAN NEGINAL AGED 35 YEARS RESIDING AT KATAKANA HALLI, -5- VIJAYAPUR 586102
23. JAYAPAL B PARASAPPAGAL SON OF BALAPPA AGED 51 YEARS RESIDING AT POST BELVI, HUKKERI, BELAGAVI 591309
24. ARAVIND ASHOK UPADHYE SON OF ASHOK UPADHYE AGED 43 YEARS CARE OF JOSHI BUILDING, NEAR GOWRI TEMPLE AT PO/TQ BASAVAN BAGEWADI VIJAYAPUR - 586203
25. RAMESH ADIVEPPA NAIKAR SON OF ADIVEPPA NAIKAR AGED 51 YEARS RESIDING AT KURUBARA ONI YARAGUPPI, KUNDAGOL DHARWAD - 580023
26. SMT. SHALINI G S DAUGHTER OF SOMASHEKAR G.V. AGED 34 YEARS RESIDING AT NO. 257, 6A CROSS MARUTHI BADAVANE, CHOKKASANDRA, BENGALURU 560058
27. SMT. MAHANTAMMA MUPPAYYA HIREMATH, DAUGHTER OF MUYAPPA HIREMANTH, AGED 48 YEARS CARE OF SIDDARAMAYYA ALLAYYA SHIVAPPAYYANAMATH, WARD NO.3, NEKAR-ONI, BADAMI, BAGALKOT - 587201
28. MALLAPPA NINGAPPA PUJARI AGED 51 YEARS RESIDING AT POST CHIKKAMANUR INDI, VIJAPUR -6-
29. KRISHNA S/O LATE MADE GOWDA AGED 51 YEARS, RESIDING AT NO. 40, KONANA KUNTE GANESH TEMPLE ROAD BENGALURU 560062
30. NARAYANA S/O LATE DASAIAH AGED 54 YEARS RESIDING AT HULLIVADI VILLAGE, MANKUNDA POST, CHANNAPATNA TALUK, RAMANAGARA 562108
31. K M SATHISH S/O LATE K N MALLANNA AGED 48 YEARS, RESIDING AT NAGATHARPETE NEAR NAGARESHWARA TEMPLE ANEKAL TOWN
32. K S PANKAJA W/O ANNAJI RAO N V AGED 51 YEARS, RESIDING AT NO. 477/3, SARDAR STREET, NEAR BASAVANA KATTE, ATTIBELE, ANEKAL TQ BANGALORE RURAL 562107
33. T SHIVARAJ KUMAR S/O THIMMANNA AGED 32 YEARS RESIDING AT POST GANNAYAKANAHALLI, (V) HIRIYUR, CHITRADURGA
34. H P CHIDAMBARAM S/O TD PUTTASOMAIAH AGED 39 YEARS RESIDING AT AT DYAVARANAHALLI, -7- DEVARAMARIKUNTE POST CHALLAKERE, CHITADURGA 577538
35. D A NARASIMHA PRASAD S/O D L ANAND RAO RESIDING AT NO. 1491, KUCHAPPANAPETE DODDABALLAPUR, BANGALORE RURAL 561203
36. SANTHOSH A J S/O JANARDHANACHAR A L AGED 37 YEARS CARE OF KALYANI V NO. 193, 4TH MAIN ROAD BATAWADI (NEAR MATHA ACID) TUMKUR - 572103 …APPELLANTS (BY SRI. AKSHAY KUMAR JAIN V., ADVOCATE) AND:
1. THE STATE OF KARNATAKA, DEPARTMENT OF LAW AND PARLIAMENTARY AFFAIRS, VIDHANA SOUDHA, BENGALURU, KARNATAKA - 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY
2. THE REGISTRAR GENERAL,
HIGH COURT OF KARNATAKA, BENGALURU, KARNATAKA 560001 …RESPONDENTS (BY SRI. MOHAMMAD JAFFAR SHAH, AGA FOR R1; S.S.NAGANAND, SENIOR ADVOCATE FOR SMT. SUMANA NAGANAND., ADVOCATE FOR R2) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE PRESENT APPEAL AND SET ASIDE THE ORDER DATED 04/03/2025 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN WP NO.25348/2023 AND CONSEQUENTLY ALLOW THE WP NO.25348/2023 AS PRAYED THEREON, ETC. -8- THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH and
HON'BLE MR. JUSTICE T.M.NADAF
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH) The present intra Court appeal has been filed impugning the judgment and order dated 04.03.2025 passed by the writ Court in W.P.No.25348/2023 (S-RES), filed by the appellants herein. The learned Single Judge has dismissed the writ petition filed by the appellants seeking regularization of their services in the District Judiciary/Fast Track Courts.
2. The parties are referred to as per their ranking before the writ Court, for the sake of convenience.
3. The petitioners were appointed on contractual basis
with consolidated monthly pay initially for a period of 3 months in the Fast Track Courts created in the states in the year 2009. The petitioners had continued as contractual employees on consolidated payment basis till -9- the abolition of the Fast Track Courts in the years 2013 and 2015. As a result of abolition of the Fast Track Courts the services of the petitioners, who were on contractual basis getting consolidated pay also came to be dispensed with. The petitioners' representations for regularization came to be rejected by the High Court vide Order dated 05.04.2023 (Annexure-A) and the said endorsement has been challenged by the petitioners by filing the writ petitions.
4. The learned Single Judge having considered the
nature of employment and the fact that the Fast Track Courts came to be abolished, has dismissed the writ petitions as in view of the writ Court, there cannot be any direction for absorption of the petitioners services in the District Judiciary when their employment was on contractual basis on consolidated pay.
5. The learned counsel for the appellants/petitioners
has submitted that the appellants have put in around 10 to - 10 - 13 years/considerable period of service in the District Judiciary, inasmuch as they were appointed between 2003 and 2012. Some of the petitioners have crossed more than 60 years of age as of now, and after abolition of the Fast Track Courts, their services have come to an end. He further submits that petitioners' claim for absorption could have been considered against the regular vacancies, which are existing in the District Judiciary by the High Court. However, vide endorsement their request for regularization has been turned down only on the ground that the petitioners' services were purely on contractual basis/temporary basis. He submits that a direction be issued by the High Court to absorb the services of the petitioners for regular services by framing a scheme.
6. We have considered the submissions of learned
counsel for the appellants. We need to consider the nature of employment of the petitioners in the Fast Track Courts, which would be reflected from the appointment orders issued to the petitioners. We are taking note of the - 11 - terms and conditions of one of the appointment orders i.e. 02.08.2004. The appointment orders specifically mentions that the candidates are selected and appointed purely on contractual and temporary basis on consolidated pay and posted as such, in the Courts mentioned against their names. It was further made very categorically clear that the appointments were purely contractual/temporary basis and would be terminated at any point of time, without notice to the candidates and the candidates would not have any right to continue in service.
7. Thus, from the appointment order itself, it was made
known to the petitioners that their services were purely contractual/temporary basis on a consolidated pay as the remuneration and they would not have any claim for confirmation etc. This offer was accepted by the petitioners and therefore, once they had accepted the offer of appointment on the aforesaid conditions, now they cannot stage a claim for their absorption/regularization, once the Fast Track Courts came to be abolished and as a - 12 - result thereof, the contractual employment of the petitioners on consolidated pay/remuneration came to an end.
8. We find no ground to interfere with the impugned
judgment and order dated 04.03.2025 passed by the
learned Single Judge, which is why we dismiss this writ appeal.
9. In view of dismissal of the appeal, pending
interlocutory applications, if any do not survive for consideration, hence stand disposed of. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE NG CT: SN List No.: 1 Sl No.: 7