Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:14348 WP No. 8117 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 8117 OF 2025 (S-RES) BETWEEN:
SRI. D. NAGENDRA S/O. LATE D. DORESWAMY AGED ABOUT 61 YEARS, R/A. NO.1098, 5TH MAIN, 4TH CROSS, BOGADI MYSURU-570 226 …PETITIONER (BY SRI. PALANIMUTHU K., ADVOCATE) AND:
1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, (COMMERCIAL TAXES) DR. B.R. AMBEDKAR ROAD, VIDHANA SOUDHA BANGALORE - 560001
2. THE COMMISSIONER OF COMMERCIAL TAXES DEPARTMENT OF COMMERCIAL TAXES, VANIJYA THERIGE KARYALAYA, KALIDASA ROAD, GANDHI NAGAR, BENGALURU - 560009
3. JOINT COMMISSIONER OF COMMERCIAL TAXES (VIGILANCE) COMMERCIAL TAX OFFICE -2, A BLOCK, 3RD FLOOR, KORAMANGALA, BANGALORE -560047
4. THE JOINT COMMISSIONER ENFORCEMENT OF
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:14348 WP No. 8117 of 2025
COMMERCIAL TAXES NO.487, BIDARAMMA KRISHNAPPA STREET DEVARAJA MOHALA, MYSURU-570001 …RESPONDENTS (BY SRI. SHIVAPRABHU S. HIREMATH, ADDITIONAL GOVERNMENT ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE LETTER DATED 27.09.2023 GIVEN BY THE PETITIONER AND GRANT RETIREMENT BENEFITS/ SUPERANNUATION BENEFITS AS PER ANNEXURE-D.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R. NATARAJ
ORAL ORDER
The petitioner has sought for a writ in the nature of mandamus to direct the respondents to consider his representation dated 27.09.2023 and provide retirement benefits/superannuation benefits. 2. The petitioner contends that he was appointed as a casual labourer in the Commercial Tax office, Sathyamangala road, Chamarajanagara district on 04.09.1987 on a monthly honorarium of Rs.500/-. He was allowed to work from the year 1987 till the year 2006, when he was removed. He contends
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NC: 2025:KHC:14348 WP No. 8117 of 2025
that since he had no other option, he filed the representation dated 10.07.2017 requesting the respondent No.2 to take him back to service, but the said representation is not considered. He thereafter submitted another representation dated 27.09.2023 requesting the respondent No.2 to provide him pension/arrears of salary/retirement benefits. Since his representation is not considered, he therefore, seeks for a direction to the respondent No.2 to consider his representation. 3.
The petitioner admittedly was appointed as a casual labourer on 04.09.1987 and his services were discontinued on
04.04.2006. He submitted his representation dated 10.07.2017 for continuation of his employment, but no reply was given to the same. He contends that he is entitled for retirement/superannuation benefits and therefore, he is before this Court seeking for a direction to the respondent No.2 to grant him the benefit. 4. If the services of the petitioner is not regularized, he is not entitled to retirement/superannuation benefits as sought for in the representation dated 27.09.2023. - 4 -
NC: 2025:KHC:14348 WP No. 8117 of 2025
5. In that view of the matter, no direction can be issued to the respondents to consider the case of the petitioner. Hence, the petition is dismissed. Sd/- (R. NATARAJ) JUDGE
HJ List No.: 1 Sl No.: 16