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2025 DAILYLAW 37356 (KAR)

GURUBASAYYA S/O SHNAKRAYYA GANACHARI v. THE CONTROLLER

WP/102864/2018 · 2025-12-01

M Nagaprasanna

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:16859 WP No. 102864 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 102864 OF 2018 (S-R) BETWEEN: GURUBASAYYA S/O. SHANKARAYYA GANACHARI, AGE: MAJOR, OCC: RETD. JR. ELECTRICAL ENGINEER, R/O: PATRIBASAVANAGAR, 3RD CROSS, BAILHONGAL, DIST: BELAGAVI. …PETITIONER (BY SRI. GIRISH S. HIREMATH, ADVOCATE) AND: 1. THE CONTROLLER ADM. PENSION 7 ADVANCE, K.P.T.C.L. BENGALURU-560002. 2. THE SUPERINTENDENT ENGINEER (ELCL) O and M CIRCLE, HESCOM, BELAGAVI-590002. 3. THE EXECUTIVE ENGINEER (ELCL) O and M CIRCLE, HESCOM, BAILHONGAL, DIST: BELAGAVI-560002. 4. THE MANAGING DIRECTOR, KPTCL, KAVERI BHAVAN, BENGALURU-56002. …RESPONDENTS (BY SRI. SRINIVAS B. NAIK, ADVOCATE FOR R1 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS BY CONSIDERING THE REPRESENTATION DATED 12.09.2017 GIVEN BY THE PETITIONER TO THE RESPONDENT AUTHORITY AS PER VIDE ANNEXURE-C. AND SET ASIDE THE ORDER Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16859 WP No. 102864 of 2018 PASSED BY THE RESPONDENT HEREIN DATED 23.06.2008 AT VIDE ANNEXURE-B. AND PASSED ORDER IN ACCORDANCE WITH LAW. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: a. Issue a writ in the nature of mandamus by considering the representation dated 12.09.2017 given by the petitioner to the respondent authority as per vide Annexure-C. and set aside the order passed by the respondent herein dated 23.06.2008 at vide Annexure-B. And passed order in accordance with law. b. Pass any other writ or direction as deemed fit under the circumstances of the case in the interest of justice and equity. 2. The petitioner is an employee of the respondent who was at the relevant point in time working as Electrical Engineer. Retirement benefits of the petitioner was withheld for the reason that the petitioner had not completed the work during his service. The petitioner is said to have submitted a representation seeking release of certain amount that was withheld on account of the non-completion of work. The representation though - 3 - HC-KAR NC: 2025:KHC-D:16859 WP No. 102864 of 2018 submitted on 12.09.2017 is yet to meet its consideration at the hands of the respondent authorities. 3. In that light, I deem it appropriate to dispose the subject petition with a direction to the respondent to consider the representation dated 12.09.2017 in accordance with law and pass necessary orders thereon within 12 weeks from the date of receipt of the copy of the order. If the representation has been considered, the petitioner is at liberty to avail of such remedy as is available in law. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE Kmv CT:ANB