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2025 DAILYLAW 42865 (KAR)

SRI. M. SIDDALINGAIAH v. THE STATE OF KARNATAKA

WP/13000/2022 · 2025-09-04

H T Narendra Prasad

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:34927 WP No. 13000 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 13000 OF 2022 (S-RES) BETWEEN: SRI. M. SIDDALINGAIAH S/O. LATE MALLAIAH AGED ABOUT 60 YEARS R/AT NO. 8, 6TH C CROSS KEMPEGOWDANAGARA T. DASARAHALLI, TUMUKURU ROAD BENGALURU-560 087. …PETITIONER (BY SRI. SUNDARESH H C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT VIKASA SOUDHA, BENGALURU-560 001. 2. MANAGING DIRECTOR KARNATAKA HANDLOOM DEVELOPMENT CORPORATION LTD., REGIONAL OFFICE, HALASURU,BANGALORE-560 042. …RESPONDENTS (BY SRI.SIDHARTH BABU RAO, AGA FOR R1: SRI D NAGARAJ, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATION FILED BY THE PETITIONER DATED:21.5.2022 AS PER ANNEXURE-E AND TO RESTORE THE Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34927 WP No. 13000 of 2022 WITHHOLDING OF TWO ANNUAL INCREMENTS OF THE PETITIONER AS PER THE ORDER DATED:12.5.2011 IMMEDIATELY AFTER COMPLETING THE PERIOD ALONG WITH ARREARS AS PER ANNEXURE-A 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 relief: “Issue writ in the nature of mandamus directing the respondent to consider the representation filed by the petitioner dated 21.05.2022 as per Annexure-E to restore the withholding two annual increments of the petitioner as per the order dated 12.05.2011 immediately after completing the period along with arrears as per Annexure-A.” 2. The case of the petitioner is that, he was appointed as workman category I in the second respondent - Corporation. While he was in service, a departmental enquiry has been initiated vide Annexure-A dated 12.05.2011 and penalty of reduction of two - 3 - HC-KAR NC: 2025:KHC:34927 WP No. 13000 of 2022 increments has been imposed. The further case of the petitioner is that, in respect of similarly situated employees, vide Annexure-C dated 29.11.2004 similar punishment has been imposed withholding two increments. Later, without filing any appeal or challenging that order, vide Annexure-D, dated 17.05.2019, that has been restored. Therefore, the petitioner also submitted a representation vide Annexure-E dated 21.05.2022, seeking the very same relief. Since no order has been passed, the petitioner is before this court. 3. The learned counsel appearing for the second respondent submits that, if this court grants some reasonable time, the representation submitted by the petitioner vide Annexure-E dated 21.05.2022 would be considered in accordance with law. 4. In view of the above, without expressing any opinion on the merits of the case, this writ petition is disposed of directing the second respondent to consider - 4 - HC-KAR NC: 2025:KHC:34927 WP No. 13000 of 2022 the representation vide Annexure-E dated 21.05.2022, 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.: 39