THE STATE OF KARNATAKA vs K MAHESHWARI
- Court
- Karnataka High Court
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 28 DAY OF OCTOBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
AND
THE HON'BLE MR. JUSTICE SUBRAMANYA RANGARAO
WRIT PETITION NO. 203501 OF 2025 (S-KAT)
BETWEEN:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF HEALTH AND FAMILY
WELFARE SERVICES, VIKASA SOUDHA,
BENGALURU-560 001.
2. THE COMMISSIONER,
DEPARTMENT OF HEALTH AND FAMILY
WELFARE SERVICES, ANANDA RAO CIRCLE,
BENGALURU-560 001.
3. THE DIRECTOR,
DEPARTMENT OF HEALTH AND FAMILY
WELFARE SERVICES, ANAND RAO CIRCLE,
BENGALURU-560 001.
4. THE DISTRICT HEALTH OFFICER,
RAICHUR DISTRICT, RAICHUR-584 101.
5. THE PROJECT DIRECTOR,
INDIA POPULATION PROJECT (VIII & IX),
DEPARTMENT OF HEALTH AND FAMILY
WELFARE SERVICES, ANAND RAO CIRCLE,
BENGALURU-560 001.
…PETITIONERS
(BY SRI. VEERANAGOUDA MALIPATIL, AGA)
Digitally signed
by B NAGAVENI
Location: HIGH
COURT OF
KARNATAKA
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AND:
1. K. MAHESHWARI D/O AMRUT H. RAJU,
AGED ABOUT 42 YEARS,
OCC: JUNIOR HEALTH ASSISTANT FEMALE,
R/O. BESIDE JAWHAR NAGAR SCHOOL,
ND
C.NO.55, 2 FLOOR, CHANDRU APARTMENT,
JAWAHAR NAGAR, RAICHUR-584101.
2. T. PADMA W/O HUSSAINAPPA,
AGED ABOUT 41 YEARS,
OCC: JUNIOR HEALTH ASSISTANT FEMALE,
R/O. H.NO.1/11/11/348/B, RAMPURE ROAD,
KULSUMGI COLONY, RAICHUR-584101.
…RESPONDENTS
(BY SRI. MAHANTESH PATIL, ADVOCATE FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE
A) A WRIT OF CERTIORARI OR ANY OTHER WRIT
OR DIRECTION TO QUASH THE IMPUGNED ORDER
DATED 26.07.2024 IN APPLICATION NO.20766-
20767/2022 PASSED BY THE KARNATAKA STATE
ADMINISTRATIVE TRIBUNAL, KALABURAGI, AS AT
ANNEXURE-C AND DISMISS THE APPLICATIONS OF
THE RESPONDENTS.
B) PASS SUCH OTHER ORDER/S AS THIS HON’BLE
COURT DEEMS FIT TO GRANT IN THE
CIRCUMSTANCES OF THE CASE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
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CORAM: HON'BLE MR. JUSTICE ASHOK S. KINAGI
and
HON'BLE MR. JUSTICE SUBRAMANYA RANGARAO
ORAL ORDER
(PER: HON'BLE MR. JUSTICE ASHOK S. KINAGI)
1. This writ petition is filed by the petitioners
challenging the order dated 26.07.2024 passed in
Application Nos.20766-20767 of 2022 by the
Karnataka State Administrative Tribunal, Kalaburagi
(for short, ‘the Tribunal’).
2. Brief facts leading rise to the filing of this writ
petition are as follows:
3. It is the case of respondent No.1 that sanction was
granted for extension of IPP-VIII Project in the State
and the Project was to be implemented with the
approval of World Bank and the Government of India
by order of the State Government dated 22.05.2000.
Accordingly, sanction was accorded to create 321
posts, including Junior Health Assistant (Female)
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under IPP-VIII. Respondent Nos.1 and 2 have
passed their SSLC. They were holders of ANM
Certificates, and are qualified and eligible to be
appointed to the post of Junior Health Assistants
(Female) on par with the persons appointed on
contract basis.
4. Consequent upon the decision taken to continue the
IPP-Project and the State Government having taken
over the project, transfered all the employees
working under IPP-VIII in Bengaluru to Bruhat
Bangalore Mahanagara Palike. The respondents
st
contended that the 1 petitioner absorbed Group C
and D Employees of IPP-III (Karnataka) by the
Rules, called the Karnataka State Civil Services
(Absorption of Contract Group C and D Employees of
India Population Project-III (Karnataka) in the Health
and Family Welfare Services (Special) Rules, 2003 .
The respondents are entitled for similar benefit on
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par with the persons who were absorbed under 2003
Rules.
5. The respondents submitted a representation to
petitioner No.3, however the representation was
rejected by issuing an endorsement dated
27.05.2020.
6. The respondents aggrieved by the impugned
endorsement approached the Tribunal in Application
Nos.20766-20767 of 2022. The Tribunal by order
dated 26.07.2024 allowed the applications and
quashed the order dated 27.05.2020 passed by
petitioner No.1 vide Annexure-A21 therein and
directed petitioner No.1 to absorb the services of the
respondents retrospectively on par with employees
absorbed under the IPP-VIII Project by the
Karnataka Municipal Corporations (Absorption of
India Population Project-VIII Employees in the
Bangalore City Corporation Services) (Special) Rules,
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2001 (vide Annexure A4) [for short, ‘ the Rules ’] and
grant all consequential benefits within the time
frame.
7. The State aggrieved by the order passed by the
Tribunal in Application Nos.20766-20767 of 2022 has
filed this Writ Petition.
8. Heard the arguments of Sri.Veeranagouda Malipatil,
learned Additional Government Advocate and
Sri.Mahantesh Patil, learned counsel for respondent
Nos.1 and 2.
9. Learned Additional Government Advocate submits
that the Tribunal committed an error in issuing a
positive direction to absorb the services of the
respondents retrospectively on par with the
employees absorbed under the Rules. He submits
that such a positive direction cannot be issued by the
Tribunal. He submits that the Tribunal ought to have
directed the petitioners to reconsider the case of the
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respondents. On the contrary, it has issued a positive
direction. Hence, on these grounds, he prays to allow
the writ petition.
10. Per contra , learned counsel for the respondents
submits that the impugned order passed by the
Tribunal is just and proper and do not call for any
interference at the hands of this Court. Hence, on
these grounds, prays to dismiss the writ petition.
11. Perused the records and considered the submissions
of the learned counsel for the parties.
12. It is an undisputed fact that respondent Nos.1 and 2
are working on contract basis and they submitted a
representation on 07.01.2017 requesting petitioner
No.1 to regularize their services on par with other
employees. The said representation came to be
rejected by petitioner No.1 vide order dated
27.05.2020.
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13. The respondents challenged the said order before the
Tribunal. The Tribunal, while passing the impugned
order, issued a positive direction to absorb the
services of the respondents retrospectively on par
with the employees absorbed under IPP-VIII Project
by the Karnataka Municipal Corporations (Absorption
of India Population Project-VIII Employees in the
Bangalore City Corporation Services) (Special) Rules,
2001 and to grant all consequential benefits within
the time frame.
14. It is no longer res integra that the Tribunal, at the
most, could have directed the petitioners to
reconsider the case of the respondents for
regularization, however, it has issued a positive
direction, as such, the positive direction issued by
the Tribunal is contrary to the proposition of law laid
down by the Hon'ble Apex Court in the case of
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1
Secretary, the State of Karnataka v. Uma Devi
wherein the Hon'ble Apex Court held that Courts
cannot issue a positive writ of mandamus to absorb
or to regularize temporary, casual or daily-wage
employees.
15. Thus, the positive direction issued by the Tribunal is
contrary to the exposition of law laid down by the
Hon'ble Apex Court in the case of Uma Devi referred
supra .
16. In view of the above discussion, the impugned
direction issued by the Tribunal requires to be
modified.
17. In the result, we proceed to pass the following order:
ORDER
(i) The Writ Petition is partly
allowed .
1
(2006) 4 SCC 1
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(ii) The impugned order dated
26.07.2024 passed in Application
Nos.20766-20767 of 2022 by the
Karnataka State Administrative
Tribunal, Kalaburagi is modified ;
(iii) Petitioner No.1 is directed to
reconsider the case of the
respondents regarding absorption
of their services, within an outer
limit of 8 weeks from the date of
receipt of a copy of this order.
(iv) Pending IAs, if any, stand
disposed of.
Sd/-
(ASHOK S. KINAGI)
JUDGE
Sd/-
(SUBRAMANYA RANGARAO)
JUDGE
RK
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