SHIVAPUTRAPPA AND ORS v. THE UNION OF INDIA AND ORS
WP/200599/2022 · 2025-04-16
Chillakur Sumalatha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12497 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12497 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-K:2341 WP No. 200599 of 2022
IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.200599 OF 2022 (S-RES) BETWEEN:
1. SHIVAPUTRAPPA S/O SAIBANNA HIRANAYAK, AGE: 54 YEARS, OCC: EX-SERVICEMAN, R/O: PLOT NO. 57, GDA LAYOUT, KOTNOOR, NEAR RING ROAD, POST NANADIKUR, DIST: KALABURAGI- 585 103. 2. CHANDRAKANTH HEDE S/O ANNAPPA HEDE AGE: 44 YEARS, OCC: EX.ARMY PERSONNEL, RE-EMPLOYED AS POSTMAN, KALABURAGI HEAD POST OFFICE, KALBURAGI – 585 101. 3. NEERUGGI RAMAPPA S/O SABANNA NEERUGGI, AGE: 56 YEARS, OCC: EX. ARMY PERSONNEL, RE-EMPLOYED AS POSTAL ASSISTANT, KALABURAGI HEAD POST OFFICE, H.NO.1-89/76/31, PLOT NO.31, RAKSHIT NILAYA, KARUNESHWARA NAGAR, NEW JEWARGI ROAD, KALABURAGI – 585 102. 4. KALAGOUDA SANABANGI S/O SHRISHAIL,
Digitally signed by VARSHA N RASALKAR Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC-K:2341 WP No. 200599 of 2022
AGE: 51 YEARS, OCC: EX ARMY PERSONNEL, RE-EMPLOYED AS POSTAL ASSISTANT, R/O HEAD POST OFFICE, KALABURAGI – 585 101. 5. SHIVSHANKAR M.PATIL S/O MALLESHAPPA PATIL, AGE: 49 YEARS, OCC: EX ARMY PERSONNEL, RE-EMPLOYED AS POSTAL ASSISTANT, R/O VILLAGE KHANADAL, TQ & DIST KALABURGI – 585 101. 6. PRADEEP KUMAR KULKARNI S/O R.J KULKARNI, AGE: 60 YEARS, OCC: EX SERVICEMAN, RE-EMPLOYED AS POSTAL ASSISTANT, R/O H.NO.30, SHANKAR KUTEER, J.R. NAGAR, ALAND ROAD, KALABURAGI – 585 103. 7. IRAPPA D PATIL S/O DUNDAPPA PATIL, AGE: 49 YEARS, OCC: EX-ARMY PERSONNEL, RE-EMPLOYED AS POSTAL ASSISTANT, R/O: PLOT NO.9, GABRADI APARTMENT, NEAR DR.MORE HOSPITAL, SHARANA NAGAR, KALABURAGI – 585 103. 8. NARAYAN JOSHI S/O MAHARUDRABHAT, AGE: 51 YEARS, OCC: SERVICEMAN, RE-EMPLOYED AS POSTAL ASSISTANT, HEAD POST OFFICE, KALABURAGI, R/O: JOSHI PLOT NO.132, ANNAPURNESHWARI CLNY., OPP. MAHARSHI VIDYAMANDIR, KUSNOOR ROAD, KALABURAGI – 585 106. - 3 -
NC: 2025:KHC-K:2341 WP No. 200599 of 2022
…PETITIONERS (BY SRI. J AUGUSTIN, ADVOCATE)
AND:
1. THE UNION OF INDIA, MINISTRY OF INFORMATION, TECHNOLOGY AND COMMUNICATION, REPRESENTED BY SECRETARY (POSTS), POSTAL SERVICE BOARD DAK BHAVAN, SANSAD MARG, NEW DELHI – 110 001. 2. SENIOR ACCOUNT OFFICER (P & A) OF THE CPMG, KARNATAKA CIRCLE, 3RD FLOOR, GPO BUILDING, BENGALURU – 560 001. 3. PRASAR BHARATI BROADCASTIN OF INDIA, PAY AND ACCOUNTS OFFICE, ALL INDIA RADIO, AKASHVANI BHAVAN, MUMBAI – 400 020. 4. STATION DIRECTOR, ALL INDIA RADIO, KALABURAGI – 585 103. 5. SENIOR SUPERINTENDENT OF POST OFFICE, GULBARGA DIVISION, GULBARGA – 585 101. …RESPONDENTS
(BY SRI.
SUDHIRSINGH R. VIJAPUR, DSGI)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS IN THE NATURE OF DIRECTION BY DIRECTING THE RESPONDENTS NO.1 TO 3 TO CONSIDER THE REPRESENTATIONS OF THE PETITIONERS VIDE ANNEXURE-K,
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NC: 2025:KHC-K:2341 WP No. 200599 of 2022
K-1 TO K-7 AND THEREBY PASS ORDERS IN ACCORDANCE WITH LAW AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL ORDER (PER: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA)
Heard Sri J.Augustin, learned counsel for the petitioners. No representation on respondents’ side on call.
2. Seeking the Court to issue a writ of mandamus directing respondent Nos.1 to 3 to consider the representations that were presented by the petitioners vide Annexures-K, K1 to K7, the present writ petition is filed.
3.
Learned counsel for the petitioners submits that the petitioners served in Army and got retried from service. Later they were re-employed. The first petitioner was re-employed at All India Radio Station, Kalaburagi and
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NC: 2025:KHC-K:2341 WP No. 200599 of 2022
petitioner Nos.2 to 8 were re-employed at Postal Department.
4. An official memorandum was issued by Government of India regarding the pay fixation on re-employment. To avail the benefit granted, the petitioners gave their representations for pay fixation. However those representations were not attended to since several years. Therefore, having no other go, the petitioners filed the present writ petition.
5.
Learned counsel states that a direction may be issued to respondent Nos.1 to 3 to consider their representations and pass necessary orders.
6. The representation at Annexure-K was submitted by petitioner No.1 to respondent No.3. The representations at Annexure-K1 was submitted by respondent No.2, at Annexure-K2 by respondent No.3, at Annexure-K3 by respondent No.4, at Annexure-K4 by respondent No.5, at Annexure-K5 by respondent No.6, at Annexure-K6 by respondent No.7 and at Annexure-K7 by
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NC: 2025:KHC-K:2341 WP No. 200599 of 2022
respondent No.8 to respondent No.5 – Senior Superintendent of Post Office, Kalaburagi. This Court does not understand as to why the said representations were kept pending since several years. The respondents did not choose to make their submissions atleast before this Court.
7. Having considered the justification in the relief sought for, this Court is of the view that the writ petition is required to be allowed. Thus, the following :
ORDER i. The writ petition is allowed. ii. mandamus is issued to respondent No.3 to consider the representation of the first petitioner filed at Annexure-K and likewise respondent No.5 to consider the representations of petitioner Nos.2 to 8 filed at Annexures-K1 to K7 respectively and pass necessary orders within a period of eight weeks from the date of receipt of certified copy of this order.
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NC: 2025:KHC-K:2341 WP No. 200599 of 2022
iii. The decision taken be communicated to the petitioners.
Sd/- (Dr.CHILLAKUR SUMALATHA) JUDGE
SN List No.: 1 Sl No.: 35 CT:NI