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High Court of Karnataka · body

2025 DAILYLAW 38676 (KAR)

MR G LAKSHMINARASIMHAIAH v. THE SECRETARY

WP/21254/2019 · 2025-09-24

H T Narendra Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:38790 WP No. 21254 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 21254 OF 2019 (S-RES) BETWEEN: 1. MR. G.LAKSHMINARASIMHAIAH, S/O. GANGANARASAIAH, AGED ABOUT 61 YEARS, R/AT D.NO.98, 15TH A CROSS, MUTHYALANAGARA, BANDAPPA GARDEN, J.P. PARK BACK GATE, MATTIKERE, BENGALURU – 560054. 2. MR. M.J.BASAVARAJ, S/O. MR. JAVARAIAH, AGED ABOUT 61 YEARS,. R/AT NO. SAPTHAGIRI NIVAS, SHARADA NAGARA, 2ND CROSS, H.N.PURA ROAD, CHANNARAYAPATNA, HASSAN DISTRICT-573116. 3. MR. B.V.KUSUGAL, S/O. MR VEERAPPA, AGED ABOUT 61 YEARS, R/AT NO.49 ‘B’ CHABBI CROSS, TULASIGERE ROAD, BAGALKOTE TALUK AND DISTRICT-587102. 4. MRS. K.K.MAHADIK W/O. KRISHNAJI MAHADIK, AGED ABOUT 61 YEARS, R/AT C/O. G.J.NIKKAM, MADIHALA LAST BUS STOP, DHARWAD-580006. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38790 WP No. 21254 of 2019 5. MRS. NISHI, W/O. MAHADEVAIAH, AGED ABOUT 61 YEARS, R/AT NO.31, 2ND CROSS, A SECTOR, AMURTHANAGAR, SHANKARANAGARA, BENGALURU-560092. 6. MR. M.M.KRISHNA URS, S/O. MR.MALLARAJE URS, AGED ABOUT 61 YEARS, R/AT 7374, THOMAS LAYOUT, NEAR KHB COLONY, NANJANGUD-MYSORE-571301. 7. MR. B.B.BIRDAR, S/O. BHIMAPPA GOWDA, AGED ABOUT 61 YEARS, R/AT 75, PAREKH NAGAR, NEAR ASHRAMA, VIJAYAPURA-586103. 8. MR. THIPPESWAMY N.S., S/O. SHANTHAPPA, AGED ABOUT 61 YEARS, R/AT 857, 3RD MAIN, 4TH CROSS, 1ST STAGE, SHIVAKUMARASWAMY NAGARA, DAVANAGERE-577005. 9. MR. B.GOPAL RAO, S/O. B.RAMA RAO, AGED ABOUT 61 YEARS, R/AT BH NO.8-11-182/22, ANNAPOORNA NILAYA, PANCHAMUKHI COLONY, RAICHUR-584101. 10. MR. CHIKKAPPA, S/O. B.MALLAPPA, AGED ABOUT 61 YEARS, R/AT NO.10,. MOKA ROAD, - 3 - HC-KAR NC: 2025:KHC:38790 WP No. 21254 of 2019 KHB COLONY, GANDHINAGAR, BELLARY-583103. 11. MR. R.R.PEATLUR, S/O. RANGAPPA, AGED ABOUT 61 YEARS, R/AT NO.42, VIDYAGIRI, 7TH CROSS, BAGALKOT-587102. 12. MR. RANGASWAMY, S/O. SIDDAPPA, AGED ABOUT 61 YEARS, R/AT NO.111, SUBBAIAH ARCADE, OPP. POST OFFICE, BB ROAD, YELAHANKA OLD TOWN, BENGALURU-560064. …PETITIONERS (BY SRI. RAJARAM T., ADVOCATE) AND: 1. THE SECRETARY TO THE GOVERNMENT-CUM-CHAIRMAN, KARNATAKA STATE SEEDS CORPORATION LTD., AGRICULTURE DEPARTMENT, M.S.BUILDING, BENGALURU-560001 2. THE MANAGING DIRECTOR KARNATAKA STATE SEEDS CORPORATION LTD., GOVERNMENT OF KARNATAKA UNDERTAKING, BEEJA BHAVANA, HEBBAL, BENGALURU-560024. …RESPONDENTS (BY SRI. VIKAS R., AGA FOR R1; SRI. B.C.PRABHAKAR, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE RESOLUTION 15/290/2018-19 AGENDA NO.22 DATED 26.09.2018 WHICH IS PRODUCED AND MARKED AS - 4 - HC-KAR NC: 2025:KHC:38790 WP No. 21254 of 2019 ANNEXURE-E AND CIRCULAR DATED 31.10.2018 WHICH IS PRODUCED AND MARKED AS ANNEXURE-G AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed under Articles 226 & 227 of the Constitution of India, seeking the following reliefs: “(i) Issue writ in the nature of certiorari and quash the resolution 15/290/2018-19 Agenda No.22 dated 26.09.2018 which is produced and marked as Annexure-E and Circular bearing No.KARBINI/ADMIN/3103/2018-19 dated 31.10.2018 which is produced and marked as Annexure-G are liable to be quashed by this Hon’ble Court. (ii) Issue a writ of mandamus or any other writ or direction, directing the respondents to extend the benefits of revision of pay scales to the petitioner as per Annexures A, B, C and D with effect from 01.04.2018 and with further direction to pay the difference of salary or emoluments and with other consequential benefits arising out of the revision of pay scales.” - 5 - HC-KAR NC: 2025:KHC:38790 WP No. 21254 of 2019 2. The petitioners are employees of the second respondent–Corporation. The State Government, vide Annexure-A, adopted the recommendations of the Sixth State Pay Commission and revised the pay scale, effective from 01.07.2017, with the monetary benefits arising from the revised pay scale admissible from 01.04.2018. Pursuant to the said Government Order, the respondent– Corporation adopted the Sixth Pay Commission and passed a resolution, vide Annexure-E, to implement the same with effect from 01.10.2018. In furtherance of this, a Circular dated 31.10.2018, vide Annexure-G, was issued. Aggrieved by this, the petitioners have approached this Court. 3. The learned counsel appearing for the petitioners submits that even though the petitioners have challenged the decision taken by the Corporation to implement the Sixth Pay Commission from 01.10.2018, they will not press that prayer since they have also submitted representations to the Corporation, vide Annexures-H and - 6 - HC-KAR NC: 2025:KHC:38790 WP No. 21254 of 2019 J series, contending that in all other Boards and Corporations, the Sixth Pay Commission has been implemented from 01.04.2018, in line with the Government Order. Accordingly, the petitioners have requested the Corporation to reconsider its decision and implement the Sixth Pay Commission from 01.04.2018 for its employees as well. 4. Since the representations are still pending before the Corporation, and under the circumstances, without going into the merits of the case, the second respondent– Corporation is directed to consider the representations submitted by the petitioners, vide Annexures-H and J series, regarding the implementation of the Sixth Pay Commission from 01.04.2018, and take a decision in accordance with law, and in a sympathetic manner, as expeditiously as possible, and in any event, not later than three months from the date of receipt of a copy of this order. - 7 - HC-KAR NC: 2025:KHC:38790 WP No. 21254 of 2019 All contentions of the parties are left open. With the above observations, the writ petition stands disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 44