- 1 - HC-KAR NC: 2025:KHC:18660 WP No. 27390 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 27390 OF 2024 (L-PG) BETWEEN: SRI T MURALIDHARA, SO. LATE THIMMALAH, AGED ABOUT 62 YEARS, RETIRED SECOND DIVISION ASSISTANT, KGIO NO 1368375 DGO CODE NO 1100MV0001. R/AT 'ABHARAN NILAY', NEAR ASHA SADHAN SCHOOL, SRI NADA PRABHU KEMPE GOWDA- BADAVANE, MANDYA, MANDYA-571 403. …PETITIONER (BY SRI. HARIPRASAD M B.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITSPRINCIPAL SECRETARY, TRANSPORT DEPARTMENT, M.S. BUILDING, BENGALURU 560 001. 2. THE COMMISSIONER FOR TRANSPORT AND ROAD SAFETY, TRANSPORT AND ROAD SAFETY DEPARTMENT, 1ST FLOOR,A BLOCK, TTMC. BUILDING, SHANTI NAGAR, BENGALURU - 560 027. 3. THE JOINT COMMISSIONER (ADMINISTRATION), TRANSPORT AND ROAD SAFETY DEPARTMENT, 1ST FLOOR, 'A' BLOCK, TTMC. BUILDING, SHANTI NAGAR, BENGALURU - 560 027. Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18660 WP No. 27390 of 2024 4. THE JOINT COMMISSIONER, FOR TRANSPORT, MYSURU, OFFICE OF THE JOINT COMMISSIONER FOR TRANSPORT, NO.C-1/1695, RTO WEST BUILDING, VANI VILAS ROAD, CHAMARAJAPURAM, MYSURU-570 005. 5. THE REGIONAL TRANSPORT OFFICER, RTO OFFICE, MANDYA, NEAR DEPUTY COMMISSIONER OFFICE, MANDYA - 571 401. …RESPONDENTS (BY SMT PRATHIBHA R K, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO(i) DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION SUBMITTED BY THE PETITIONER, DATED 18.03.2024, VIDE ANNEXURE-E.(ii) DIRECT THE RESPONDENTS TO CONSIDER THE SERVICE PERIOD OF THE PETITIONER AS TO THE DATE OF HIS APPOINTMENT ON 01.12.1983 TILL THE DATE OF PETITIONER S SUPERANNUATION 30.06.2022 AND ACCORDINGLY INITIATE SUITABLE MEASURES IN EXPEDITIOUS MANNER, IN ACCORDANCE TO LAW AS TO RELEASE THE WITHHELD GRATUITY OF THE PETITIONER, ON THE BASIS OF THE PETITIONER S SERVICE RECORD VIDE ANNEXURE - A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:18660 WP No. 27390 of 2024 CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Learned Additional Government Advocate accepts notice on behalf of respondents. 2. Learned counsel appearing for the petitioner submits that the petitioner was working as a Second Division Assistant in Regional Transport Office, Mandya and he attained superannuation on 30.06.2022. 3. It is stated that on 01.12.1983, the petitioner was appointed as a labour on daily wages, with effect from 28.03.1990, his services were upgraded as monthly rated employee. On 01.01.1994, Government of Karnataka passed an order regularizing services of the petitioner with retrospective effect. Petitioner claims that after attaining superannuation on 30.06.2022, the petitioner is paid the retirement benefits treating date of appointment as 01.01.1994. 4. It is the grievance of the petitioner that his previous services were not taken into account for calculating - 4 - HC-KAR NC: 2025:KHC:18660 WP No. 27390 of 2024 the service benefits payable to the petitioner and accordingly he submitted a representation dated 18.03.2024 to respondent No.2. It is stated that the said representation is not yet considered. It is also noticed that the representation is also marked to respondents No.3 to 5. 5. Learned Additional Government Advocate on the other hand submits that issue raised in the representation is pending consideration before the Hon'ble Apex Court. 6. It is evident that the representation dated 18.03.2024 is not yet considered. There is no dispute that the petitioner was working as a Second Division Assistant in Regional Transport Office, Mandya and it is also not in dispute that tenure of his services were reckoned by taking the date of joining as 01.01.1994. 7. The petitioner made a claim that 28.03.1990 should be taken as the date of appointment. This claim is required to be considered by the respondents in accordance with law. - 5 - HC-KAR NC: 2025:KHC:18660 WP No. 27390 of 2024 8. Under these circumstances, respondents are directed to consider the representation dated 18.03.2024 in accordance with law within two months from the date of receipt of certified copy of this order. 9. It is made clear that this Court has not expressed anything on the merits of the claim of the petitioner or the contentions raised by learned Additional Government Advocate. 10. Accordingly, the Writ Petition is allowed. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP List No.: 1 Sl No.: 40