Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:32693 WP No. 18885 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 18885 OF 2025 (S-R) BETWEEN:
SRI S F SHAMBHANAGOUDAR S/O.SHIVANAGOUDA FAKIRAGOUDAR AGED ABOUT 62 YEARS RESIDENT OF C/O.KUMAR NO.11/2, 2ND CROSS, 1ST MAIN 1ST PHASE, BEML LAYOUT 7TH STAGE, MYLASANDRA BENGALURU-560 059. …PETITIONER (BY SRI. BALARAJ A C., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY
GOVERNMENT OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT M.S.BUILDING, DR.B.R.AMBEDKAR VEEDHI BENGALURU-560 001.
2.
THE KARNATAKA URBAN WATER SUPPLY AND DRAINAGE BOARD JAL BHAVAN, BTM LAYOUT 1ST STAGE 1ST PHASE, BANNERGHATTA MAIN ROAD BENGALURU-560 029 REP. BY ITS MANAGING DIRECTOR. …RESPONDENTS (BY SRI.VIKAS R., AGA FOR R1:
SMT SUMANGALA GACHCHINAMATH, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO CONSIDER THE REPRESENTATION DATED: 22.07.2024 AND
Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA
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HC-KAR NC: 2025:KHC:32693 WP No. 18885 of 2025
03.2.2025 VIDE ANNEXURES-S AND T AND TO PASS NECESSARY ORDERS THEREON 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 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 a writ in the nature of mandamus directing the respondent No.2 to consider the representations dated 22.07.2024 and 03.02.2025 vide Annexures S and T and to pass necessary orders thereon; (ii) Issue any writ or order, directing the 2nd respondent for regularizing the period of suspension from 21.09.2011 to 29.03.2012 and regularization of period from the date of compulsory retirement dated 1.6.2019 till reinstatement dated 31.3.2021 as period spent on duty, as per Rule 99 of the Karnataka Civil Services Rules and to pay salary for the above periods and for sanctioning and release of annual increments from 2011 onwards and also for releasing all the retirement benefits and to pay on the claims interest at the rate of 15% per annum.”
2. The petitioner was appointed as a Junior Engineer in the second respondent – Board. While he was in
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HC-KAR NC: 2025:KHC:32693 WP No. 18885 of 2025
service, a departmental enquiry has been initiated and he was kept under suspension. After conducting the enquiry, penalty of compulsory retirement has been imposed. Being aggrieved by the same, the petitioner filed an appeal before the appellate authority. Thereafter, the Board has taken a decision to reinstate the petitioner into service. Pursuant to that, the petitioner has been reinstated into service and he retired on 31.07.2023 (Annexure-P), on attaining the age of superannuation. 3. After retirement, the retirement benefit has not been paid and the pension also not been fixed. Therefore, the petitioner submitted representations dated 22.07.2024 and 03.02.2025 vide Annexures S and T, respectively. Even the Executive Engineer, Karnataka Urban Water Supply and Drainage Board, Kalaburagi, vide Annexure-M dated 06.07.2021 has also recommended to consider the suspension period and also compulsory retirement period as period of duty under Rule 99 of Karnataka Civil Services Rules, 1957 and the petitioner is entitled for continuity of
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HC-KAR NC: 2025:KHC:32693 WP No. 18885 of 2025
service. Inspite of that, the petitioner’s representations vide Annexures S and T are not considered. Hence, the petitioner is before this Court. 4.
The learned counsel appearing for the second respondent submits that, if this Court grants some reasonable time, the representations submitted by the petitioner would be considered in accordance with law. 5. In view of the above, without expressing any opinion on the merits of the case, this writ petition stands
disposed of, directing the second respondent to consider the representations submitted by the petitioner dated 22.07.2024 and 03.02.2025 vide Annexures S and T, respectively, in accordance with law, as expeditiously as possible, not later than three months from the date of receipt of a copy of this order.
Sd/- (H.T. NARENDRA PRASAD) JUDGE
CM LIST NO.: 1 SL NO.: 51