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2025 DAILYLAW 42235 (KAR)

SHANKARA J v. UNION OF INDIA

WP/23728/2021 · 2025-11-12

Ashok S Kinagi

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:46313 WP No. 23728 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 23728 OF 2021 (S-RES) BETWEEN: SHANKARA J S/O JAVARAIAH AGED ABOUT 53 YEARS R/AT H NO.A/72, 7TH CROSS, 1ST STAGE SRIRAMPURA MYSURU- 570 001 AND ALSO I D NO.270009 DESIGNATION MESSENGER LIC HOUSING FINANCE LTD AREA OFFICE MYSURU- 570 001 …PETITIONER (BY SRI. ABUBACKER SHAFI.,ADVOCATE) Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46313 WP No. 23728 of 2021 AND: 1. UNION OF INDIA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FINANCE NEW DELHI-110001 2. REGIONAL MANAGER LIC HOUSING FINANCE LTD REGIONAL OFFICE NO.15/1, HEYES CENTRE, HEYES ROAD BENGALURU-560025 3. AREA MANAGER LIC HOUSING FINANCE LTD AREA OFFICE, HOTEL GOVARDHAN 2ND FLOOR, SRI HARSHA ROAD MYSURU-570001 …RESPONDENTS (BY SRI. S.B.TOTAD, ADVOCATE FOR R1; SRI. RAJESH SHETTY FOR R3; SRI. AYUSH KUMAR, ADVOCATE FOR SMT/MISS. ANKITA PAUL FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE - 3 - HC-KAR NC: 2025:KHC:46313 WP No. 23728 of 2021 IMPUGNED LETTER DTD 17.07.2021 VIDE ANNEXURE-J ISSUED BY THE R2., 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 ASHOK S.KINAGI ORAL ORDER The petitioner has filed this writ petition seeking for the following prayers: "WHEREFORE, under the circumstances the petitioner above named prays that this Hon'ble Court be pleased to:- i. Issue a writ in the nature of certiorari and quash the impugned letter dated 17.07.2021 vide Annexure-J issued by the 2nd Respondent. ii. Issue a writ in the nature of MANDAMUS and direct the Respondent Nos. 2 & 3 consider the representation dated 09.09.2021 vide Annexure-K and disburse the claim amount as per the Annexure-L dated 21.04.2021 submitted by the petitioner. iii. And Pass such other orders or direction/s that this Hon'ble Court deems fit to grant in the interest of justice and equity." - 4 - HC-KAR NC: 2025:KHC:46313 WP No. 23728 of 2021 2. Brief facts leading rise to the filing of this petition are as follows: The petitioner was recruited as a Messenger at the office of respondent Nos. 2 and 3 - Corporation and the petitioner's service was confirmed by order dated 30.10.2002. The petitioner submitted a representation dated 10.10.2018 vide Annexure-F to respondent No. 3 to settle the Company's Policy for final settlement. The respondents instead of settling the Company's Policy final settlement, have issued a letter dated 17.07.2021 vide Annexure-J. The respondents have refused to consider and rejected the said representation. Hence, this writ petition. 3. Heard the learned counsel for the petitioner and also the learned counsel for the respondent Nos. 2 and 3. 4. Learned counsel for the petitioner submits that the petitioner submitted a representation dated 10.10.2018 vide Annexure-F which was not considered by the respondents. The petitioner approached this Court and - 5 - HC-KAR NC: 2025:KHC:46313 WP No. 23728 of 2021 sought for a direction to consider the representation. The respondents considered the representation and issued the impugned letter dated 17.07.2021 rejecting the representation of the petitioner. He submits that the direction be issued to the respondents to consider the case in terms of the letter dated 21.04.2021 vide Annexure-L. 5. Per contra, learned counsel for respondent No.2 filed a memo stating that the respondent No. 2 is desirous of settling the matter in accordance with the Company's Policy for final settlement and while doing so, shall also take into consideration the letter dated 21.04.2021, which is marked as Annexure-L to the writ petition. 6. As respondent No. 2 has filed a memo dated 12.11.2025, stating that respondent No. 2 will reconsider the representation of the petitioner in terms of Annexure-L and pass the appropriate orders, in view of the same, the writ petition is disposed of directing respondent No.2 to consider the letter dated 21.04.2021 vide Annexure - L - 6 - HC-KAR NC: 2025:KHC:46313 WP No. 23728 of 2021 and pass the appropriate orders in accordance law within eight weeks from the date of receipt of copy of this order. Sd/- (ASHOK S.KINAGI) JUDGE BSV List No.: 1 Sl No.: 28