Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:5434 WP No. 3470 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO.3470 OF 2025 (S-RES)
BETWEEN:
SMT. S.G. SAVITHA D/O DR. S.V. GOVINDAPPA, AGED ABOUT 51 YEARS, WORKING AS JOINT COMMISSIONER, COMMERCIAL TAXES (APPEALS) -2, SHANTINAGAR, BANGALORE -560 027. …PETITIONER
(BY SMT. VEENA J KAMATH, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA, REP. BY ITS ADDL. CHIEF SECRETARY, DEPARTMENT OF FINANCE, VIDHANA SOUDHA, BENGALURU-560 001. 2. COMMISSIONER OF COMMERCIAL TAXES (K), DEPARTMENT OF COMMERCIAL TAX, GANDHINAGAR, BENGALURU - 560 009. Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:5434 WP No. 3470 of 2025
…RESPONDENTS
(BY SRI. SHIVA PRABHU HIREMATH, AGA FOR R1 & R2)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 TO CONSIDER THE PETITIONERS REPRESENTATION DATED 10.06.2024, 20.08.2024, 15.10.2024 AND 25.10.2024 AT ANNEXURES A, A1, A2 AND A3 WITH A DIRECTION TO DISBURSE THE FULL SALARY FOR THE PERIOD FROM DECEMBER 2022 TO APRIL 2023 ALONG WITH THE INCREMENT DUE FROM JANUARY 2024 TO MARCH 2024, AND THE DIFFERENCES ARISING IN HOUSE RENT ALLOWANCE (HRA) AND CITY COMPENSATORY ALLOWANCE (CCA), IN A TIME BOUND MANNER BY ISSUING A WRIT OF MANDAMUS AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.G.PANDIT
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NC: 2025:KHC:5434 WP No. 3470 of 2025
ORAL ORDER
The petitioner working as Joint Commissioner in Commercial Taxes (Appeals)-2, Bengaluru, is before this Court under Article 226 of the Constitution of India, praying for the following reliefs: A. Direct the Respondent No.2 to consider the Petitioner's representation dated 10.06.2024, 20.08.2024, 15.10.2024 and 25.10.2024 at Annexures A, A1, A2 & A3 with a direction to disburse the full salary for the period from December 2022 to April 2023 along with the increment due from January 2024 to March 2024, and the differences arising in House Rent Allowance (HRA) and City Compensatory Allowance (CCA), in a time bound manner by issuing a Writ of Mandamus;
B. Direct the Respondent No.2 to disburse the Petitioner's arrears of salary along with applicable interest accrued to date. 2. Heard Smt.Veena.J.Kamath, learned counsel for the petitioner and Sri.
Shivaprabhu Hiremath, learned Additional Government Advocate who has taken notice on behalf of respondent Nos.1 and 2. Perused the writ petition papers. - 4 -
NC: 2025:KHC:5434 WP No. 3470 of 2025
3. The petitioner is a Government Servant holding Civil Post. For redressal of grievance of the petitioner, a separate Forum is created under the Administrative Tribunals Act, 1985 (for short '1985 Act'). When an alternate Forum is provided to the petitioner for redressal of her grievance, normally this Court would not entertain the writ petition under Article 226 of the Constitution of India. 4. The writ petition papers would indicate that on earlier occasion, the petitioner had approached the Karnataka State Administrative Tribunal and thereafter Division Bench of this Court. 5. In view of the above circumstances, writ petition stands disposed of with liberty to the petitioner to approach appropriate Forum. Sd/- (S.G.PANDIT) JUDGE
SMJ List No.: 1 Sl No.: 33