01Facts
The petitioners in W.P. No. 101475/2023 stated that they had worked as pharmacists, lab technicians, a staff nurse and a documentalist at Vijayanagar Institute of Medical Sciences (VIMS) from 2005–2007 onwards; the petitioner in W.P. No. 101654/2023 stated that he had worked as an electrician from 2012.
pp. 7–10They claimed long, continuous service in perennial work without regularization and said that the Institute issued fresh appointment orders that interrupted their service on paper while retaining them in employment.
pp. 7–10In earlier writ petitions, the Court had directed the Institute to consider their representations.
pp. 7–9The Institute rejected the requests, citing Umadevi, and subsequently terminated the petitioners’ services in February 2023.
pp. 7–9The petitioners challenged the endorsements and termination letters and sought regularization and consequential benefits.
pp. 5–602Issues
i.Whether the endorsements rejecting the petitioners’ regularization requests and the subsequent termination letters were legally sustainable.
pp. 8–10ii.Whether the petitioners were entitled to reinstatement and regularization from the dates on which each completed ten years of service, with consequential benefits.
pp. 21–22, 75–7603Law Applied
Under Secretary, State of Karnataka v. Umadevi (3), (2006) 4 SCC 1, para 53, duly qualified employees who have worked for ten years or more against duly sanctioned vacant posts, without protection of court or tribunal orders, may be considered for regularization as a one-time measure.
pp. 22–55, 66–70State of Karnataka v. M.L. Kesari, (2010) 9 SCC 247, explains that eligible employees do not lose the right to consideration merely because the employer omitted them from, or failed to complete, that exercise.
pp. 22–55, 66–70The judgment also relied on subsequent Supreme Court decisions concerning the distinction between illegal and irregular appointments, prolonged temporary employment, and the State’s obligations of fairness and non-arbitrariness, including Amarendra Kumar Mohapatra v. State of Orissa, (2014) 4 SCC 583; Sheo Narain Nagar v. State of Uttar Pradesh, (2018) 13 SCC 432; and Sukhendu Bhattacharjee v. State of Assam, 2026 SCC OnLine SC 909.
pp. 22–55, 66–70The immediate basis for relief was the Karnataka High Court Division Bench decision in Smt. Geeta Ramappa Terdal v. Commissioner, City Municipality, Dandeli, W.A. No. 100680/2025, decided 16 October 2026, which directed regularization from completion of ten years’ service with consequential benefits.
pp. 10–11, 66–75The Court exercised its writ jurisdiction under Article 226 of the Constitution.
pp. 1, 4–504Reasoning
The petitioners’ case was that their service had been artificially interrupted by successive appointment orders, despite their continued employment; the Institute relied on Umadevi to justify rejecting regularization and terminating them.
pp. 9–10The Court held that the Institute’s reliance on Umadevi could not be sustained in light of the Division Bench’s decision in Geeta Ramappa Terdal, which addressed the application of the regularization principles to long-serving employees.
pp. 75–76Applying that decision, the Court found the endorsements and termination letters untenable and directed reinstatement and regularization from the respective dates on which the petitioners completed ten years of service.
p. 7605Holding
The writ petitions were allowed.
p. 76The termination letters dated 17 and 22 February 2023 and the endorsements dated 8 and 17 February 2023 were quashed, and the petitioners were ordered to be reinstated immediately.
p. 76The Court directed VIMS to regularize each petitioner in the cadre in which they were working from the date of completion of ten years’ service, with consequential benefits in terms of Geeta Ramappa Terdal, within three months; a compliance report was also directed.
p. 76Original Court PDF
SRI. BASAVA PRAKASH CHANAL S/O CHIKKAPPAvsTHE STATE OF KARNATAKA
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