Karnataka State Poura Karmika and Safai Karmacharies Workers Union (Regd) v. The State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 89 OF 2023 (S-RES) BETWEEN: KARNATAKA STATE POURA KARMIKA AND SAFAI KARMACHARIES WORKERS UNION (REGD) DEPUTY REGISTRAR OF TRADE UNIONS BENGALURU DIVISION NO. 194, 6TH CROSS, CHANDRAPPA NAGAR B. G. ROAD, BENGALURU-560 030 REP. BY ITS PRESIDENT SRI GANGADHAR AGED ABOUT 57 YEARS S/O LATE VEERAPPA R/O DOOR NO. 59, 9TH CROSS KAVERI ENCLAVE LAYOUT KANCHIRAMNAGAR, M.S. PALYA BENGALURU-560 097.. …PETITIONER (BY SRI.P DHANANJAYA., ADVOCATE FOR SRI. G V KODANDA RAM, ADVOCATE) AND:

¶1THE STATE OF KARNATAKA REP. BY ITS SECRETARY URBAN DEVELOPMENT DEPARTMENT M.S. BUILDING, VIDHANA VEEDHI BENGALURU-560 001.

¶2THE DIRECTOR OF MUNICIPAL ADMINISTRATION IN KARNATAKA VISVESVARAYA TOWER

Location: HIGH COURTOF KARNATAKA

DR AMBEDKAR VEEDHI BENGALURU-560 001.

¶3BRUHATH BANGALORE MAHANAGARA PALIKE J C ROAD, BENGALURU-560 002 REP. BY ITS COMMISSIONER.

¶4THE SECRETARY DEPARTMENT OF LABOUR GOVERNMENT OF KARNATAKA DR B R AMBEDKAR VEEDHI BENGALURU-560 001. …RESPONDENTS (BY SMT. MAMATHA SHETTTY, AGA FOR R1, R2 & R4: SRI. M A SUBRAMANI, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE RESPONDENTS TO IMPLEMENT THE DECISION ARRIVED BY THE GOVERNMENT FOR EFFECTIVELY IMPLEMENTING THE RECOMMENDATIONS OF I.P. SALLAPPA COMMITTEE REFERRED TO VIDE ANNEXURE-A BEARING CIRCULAR NO.HMA/118/MNM 77 DATED: 30.06.1977 WITHOUT BROOKING ANY FURTHER DELAY IN THE MATTER AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

ORAL ORDER

The petitioner filed this writ petition seeking the following reliefs: "(i) issue a writ in the nature of a Mandamus, directing the respondents to implement the decision arrived by the Government for effectively implementing the

recommendations of I.P. Sallappa Committee referred to in Annexure-A bearing Circular No. ΗΜΑ/118/MNM 77 dated 30.6.1977 without brooking any further delay in the matter;

(ii) issue a similar direction in the nature of a writ of mandamus commanding the respondents to objectively, dispassionately and expeditiously consider the representations submitted by the petitioner vide Annexures-M dated

5.8.2021, Annexure-N dated

11.8.2021, Annexure-Q dated 30.7.2021, Annexure-R dated 3.8.2021 and Annexure-W dated 14.9.2022 and make available to the petitioner-association all the consequential service benefits emanating therefrom including but not confined to the arrears of salary and allowances payable to them from the date of the implementation by absorbing the members of the petitioner's-association in service and extending to them the prescribed time scale of pay of Rs.17000/- to Rs.28,000/- as has been extended by the respondents to the other similarly situated pourakarmikas as per Annexure-Z dated 1.10.2020 and Annexure-Z1 dated

10.10.2022;

and

(iii) pass such other orders as this Hon'ble Court may deem fit in the circumstances of the case, including the award of the costs of this petition, in the interest of justice and equity."

¶2The brief facts leading to filing of this writ petition are as follows: The Government of Karnataka issued a Circular dated

30.06.1977 on the recommendation made by the Committee on the improvement of living and working conditions of Sweepers and Scavengers. Thereafter, the petitioner i.e. the Karnataka State City Corporation Town Municipality, Poura Karmikara Maha Union approached this Court in W.P.No.6058/2006. The Division Bench of this Court vide order dated 12.03.2014 disposed of the writ petition directing the respondent-State to consider the demands of the petitioner in accordance with law and thereafter that it is open for the petitioner to agitate, if it is not satisfied with the decision of the Government, and also directed the petitioner to give a detailed representation to the State Government to extend such reliefs in accordance with law and that the said exercise shall be accomplished within six months from the date of receipt of the representation which had to be submitted by the petitioner.

Pursuant to the order passed by this Court in W.P.No.6058/2006 and in view of the representation dated

24.04.2014 submitted to the Government, the Director of Municipal Administration sent a proposal to the Government on

19.11.2015 and Government Order dated 18.05.2015 was issued by the Government. The Director of Municipal Administration addressed a letter inviting the attention of all the Deputy Commissioners and Commissioners of Municipal Corporations except Bruhath Bengaluru Mahanagara Palike

(BBMP). However, the State addressed a letter to the Commissioner of BBMP as well as Director of Municipal Administration and thereafter issued a Special Gazette dated

04.12.2017. The petitioner submitted representations dated

05.08.2021 vide Annexure-M, dated

11.08.2021 vide Annexure-N, dated

30.07.2021 vide Annexure-Q, dated

03.08.2021 vide Annexure-R and dated 14.09.2022 vide Annexure-W requesting to release all the consequential service benefits emanating therefrom including but not confined to the arrears of salary and allowances payable to them from the date of implementation by absorbing the members of the petitioner's

association in service and extending to them the prescribed time scale of pay of Rs.17,000/- to Rs.28,000/- as has been extended by the respondents to the other similarly situated pourakarmikas as per Annexure-Z dated 01.10.2020 and Annexure Z1 dated 10.10.2022. The respondent-Government has not considered the set of representations submitted by the petitioner. Hence, this writ petition.

¶3Heard the learned counsel for the petitioner and learned Additional Government Advocate for the respondent-State.

¶4Learned Additional Government Advocate submits that if reasonable time is granted, the respondent Nos.1 and 2 will consider the set of representations submitted by the petitioner and pass appropriate orders in accordance with law.

¶5In view of the submissions made by the learned Additional Government Advocate and in the facts and circumstances of this case, I proceed to pass the following order. ORDER

i) The writ petition is disposed of.

ii) Respondent Nos.1 and 2 are directed to consider the representations dated 05.08.2021 vide Annexure-M, dated 11.08.2021 vide Annexure-N, dated 30.07.2021 vide Annexure-Q, dated 03.08.2021 vide Annexure-R and dated

14.09.2022 vide Annexure-W and pass an appropriate order in accordance with law.

iii) The said exercise shall be accomplished within a period of eight weeks from the date of receipt of copy of this order.

Sd/- (ASHOK S.KINAGI) JUDGE

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