- 1 - HC-KAR NC: 2025:KHC:40793 WP No. 11246 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 11246 OF 2025 (S-RES) BETWEEN: T S VIJAY KUMAR S/O T.N. SATHYANARAYANA RAO, AGED ABOUT 61 YEARS, R/AT AKSHAYA MANSION, F-102, 1ST FLOOR, NO.148, 4TH MAIN, GOVINDARAJANAGAR, BENGALURU NORTH, BENGALURU - 560 040. …PETITIONER (BY SRI. SUMUKHA C.G., ADVOCATE FOR SRI. SUBRAMANYA R., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF SOCIAL WELFARE, VIKAS SOUDHA, DR. B.R. AMBEDKAR VEEDHI, Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40793 WP No. 11246 of 2025 BENGALURU - 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. CENTRAL RELIEF COMMITTEE REPRESENTED BY ITS SECRETARY BEGGARS COLONY, SUMANAHALLI, BENGALURU - 560 091. …RESPONDENTS (BY SMT. B. SUKANYA BALIGA, AGA FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO INCLUDE THE PETITIONER UNDER THE OLD PENSION SCHEME BY EXTENDING THE SAME BENEFITS CONFERRED UPON OTHER SIMILARLY PLACED EMPLOYEES AS ORDERED BY THIS HON'BLE COURT IN WRIT PETITION NO.10019/2021 DATED 26.05.2022 (ANNEXURE 'T') AND/OR DIRECTING THE RESPONDENTS TO GRANT AND RELEASE THE PENSIONARY BENEFITS ACCORDING TO THE OLD PENSION SCHEME WITHOUT FURTHER LOSS OF TIME, AND/OR DIRECTING THE RESPONDENTS TO PAY INTEREST AT 18 PERCENT FOR THE DELAYED PAYMENT OR RELEASE OF PENSION TO THE PETITIONER, AND/OR ALTERNATIVELY DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION MADE BY THE PETITIONER DATED 29.11.2024 (ANNEXURE 'S') WITHIN A TIME FRAME PRESCRIBED BY THIS HON'BLE COURT, AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:40793 WP No. 11246 of 2025 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. The petitioner filed this writ petition seeking for a mandamus directing the respondents to consider the representation vide Annexure-S in terms of the order passed by the Division Bench of this Court in WP No.10019 of 2021 disposed of on 26.05.2022 vide Annexure-T. 2. Brief facts leading rise to the filing of this writ petition are as follows: 3. The petitioner was working on a daily wages/contract basis until his services were regularized in 1998. In 2008, due to the requirement, the petitioner was deputed to the Central Relief Committee, and was posted as a Clerk-cum-Typist/Second Division Assistant. Due to financial crisis, the Karnataka State Construction Corporation was set for closure, and the employees of the corporation were being absorbed in - 4 - HC-KAR NC: 2025:KHC:40793 WP No. 11246 of 2025 various other Government departments and Boards having vacancies. However, there were some employees who were not absorbed and were being asked to opt for VRS. Some of the employees approached this court in W.P.No.869 of 2009 and connected cases. This court based on the writ petition accepted the option of VRS. The petitioners aggrieved by the order passed by the learned single judge preferred a writ appeal in W.A.No.2790/2010 and connected cases. The division bench set aside the order passed by the learned single judge in the writ petition and directed the Government to ensure all the employees are absorbed and until such time they shall be allowed to continue in their respective posts. The petitioner submitted a representation vide Annexure-S contending that he is eligible for old pension scheme. The respondents are not taking any steps to include his name for providing the benefit of old pension scheme. Hence, this writ petition. - 5 - HC-KAR NC: 2025:KHC:40793 WP No. 11246 of 2025 4. Heard the learned counsel for the petitioner and learned Additional Government Advocate for the respondents. 5. Learned counsel for the petitioner submits that despite submitting the representation, the respondents have not passed any order on Annexure-S. He submits that the respondents be directed to consider the representation in terms of the order passed by the Division bench of this Court in the case in the W.P.No.10019/2021 dated 26.05.2022. Accordingly, prays to allow the writ petition. 6. Learned Additional Government Advocate submits that if reasonable time is granted to the respondents, the respondents would consider the representations submitted by the petitioner dated 29.11.2024 vide Annexure-S in terms of the order passed in W.P.No.10019/2021. - 6 - HC-KAR NC: 2025:KHC:40793 WP No. 11246 of 2025 7. In view of the submission made by the Learned Additional Government Advocate, I pass the following order: ORDER i. The writ petition is allowed in part. ii. The respondents are directed to consider the representation of the petitioner dated 29.11.2024 vide Annexure-S in terms of the order passed by the division bench of this Court in W.P.No.10019/2021 disposed of on 26.05.2022, within eight weeks from the date of receipt of copy of this order. Sd/- (ASHOK S.KINAGI) JUDGE SKS CT:KHV List No.: 1 Sl No.: 51