- 1 - NC: 2025:KHC:6566 WP No. 29269 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 29269 OF 2018 (S-TR) BETWEEN: B. S. NARAYANA MURTHY S/O V SRINIVAS MURTHY AGED ABOUT 60 YEARS R/AT NO.10, “SREEMAN NARAYANA”, 1ST FLOOR, SUKENAHALLI BULL TEMPLE ROAD, BASAVANGUDI BANGALORE -560004. …PETITIONER (BY SMT. ARATHI B., ADV. FOR SMT. VIDYA SELVAMONY, ADV.) AND: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPT. OF SCIENCE & TECHNOLOGY M S BUILDING, BANGALORE-560001. 2. KARNATAKA RAJYA VIJNANA PARISHAT REP. BY ITS AUTHORIZED OFFICER VIJNANA BHAVAN, NO.24/2, 21ST MAIN ROAD, BSK 2ND STAGE BENGALURU-560070. …RESPONDENTS (BY SMT. PRATHIBHA R.K., AGA FOR R1 SMT. SARASWATHI M., ADV. FOR R2) Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6566 WP No. 29269 of 2018 THIS PEcTITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS DATED 22.09.2017 & 25.09.2017 MARKED AS ANNEXURE-C & D RESPECTIVELY; DIRECT THE RESPONDENT NO.2 TO DO THE PAY FIXATION OF THE PETITIONER FOR HIS POSITION AS DIRECTOR OF PUBLICATION FROM 05.07.2006 TILL THE DATE OF HIS SUPERANNUATION AND DIRECT THE RESPONDENT NO.2 TO FIX HIS RETIREMENT BENEFITS IN TERMS OF THE SAID PAY FIXATION 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 S.G.PANDIT ORAL ORDER Heard learned counsel Smt.Arathi B., for Smt.Vidya Selvamony, learned counsel for the petitioner, Smt.Saraswathi M, learned counsel for respondent No.2 as well as Smt.R.K.Prathibha, learned Additional Government Advocate for respondent No.1. Perused the writ petition papers. 2. Petitioner is before this Court with the following prayers: (a) Issue a writ in the nature of certiorari or any other suitable writ or direction to quash the orders bearing - 3 - NC: 2025:KHC:6566 WP No. 29269 of 2018 No.1.20/00/2017-18/3578 dated 22.09.2017 and 25.09.2017 marked as Annexures-C and D respectively. (b) Issue a writ of mandamus or any other suitable writ or direction directing the respondent No.2 to do the pay fixation of the petitioner for his position as Director of Publication from 05.07.2006 till the date of his superannuation and direct respondent No.2 to fix his retirement benefits in terms of the said pay fixation. 3. Learned counsel for the petitioner contended that the petitioner was initially joined the services of second respondent as Clerk-cum-Typist and subsequently, he is promoted as Accounts Assistant on 20.05.1993. It is submitted that the petitioner was further promoted as Director of Publication on 05.07.2006. Under impugned order dated 22.09.2017, the petitioner was again asked to work as Accounts Assistant at the Publication Department. No order promoting the petitioner as Director is placed on record or whether there was post of Director is not forthcoming from the materials placed on record. - 4 - NC: 2025:KHC:6566 WP No. 29269 of 2018 4. In the above circumstances, it cannot be said that the petitioner is promoted or demoted under Annexure-D dated 25.09.2017 office order. Moreover, the petitioner is retired from the services of second respondent in September 2017 itself. Subsequent to petitioner’s retirement, the present writ petition is filed. Therefore, Annexure-D communication dated 25.09.2017 would not affect the petitioner at this stage. 5. The second prayer of the petitioner is to fix petitioner’s pay and to fix retirement benefits. In that regard, petitioner is at liberty to make representation and if such representation is made, the second respondent is directed to consider the same and pass appropriate orders, in accordance with law. 6. With the above, the writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE MPK CT:bms List No.: 1 Sl No.: 45