- 1 - NC: 2025:KHC-D:2522 WP No. 103065 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 103065 OF 2023 (S-R) BETWEEN: SRI. RAMESH YALLAPPA ALAGAWADI AGE. 69 YEARS, OCC. RETIRED FIRST DIVISION ASSISTANT, REVENUE DEPARTMENT HUBLI DIVISION, HDMC HUBBALLI, R/O. HOUSE NO. 55, GULAGUNJIKOPPAL HOSA ONI, DHARWAD- 580008. …PETITIONER (BY SRI. J. S. SHETTY ASSOCIATES, ADVOCATE) AND: 1. HUBBALLI DHARWAD MUNICIPAL CORPORATION HUBBALLI, HUBBALLI- 580020, REPRESENTED BY ITS COMMISSIONER. 2. DEPUTY COMMISSIONER (ADMINISTRATION) HUBLI DHARWAD MUNICIPAL CORPORATION, DHARWAD- 580001. 3. CHIEF ACCOUNTS OFFICER, HUBLI DHARWAD MUNICIPAL CORPORATION, HUBLI- 580020. 4. CHIEF ACCOUNTS OFFICER, PENSION CELL, HUBLI DHARWAD CORPORATION, HUBLI- 580020. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:2522 WP No. 103065 of 2023 5. ASSISTANT COMMISSIONER (ADMINISTRATION), HUBLI DHARWAD MUNICIPAL CORPORTION, SRI SIDDAPPA KAMBLI ROAD, HUBBALLI- 580020. …RESPONDENTS (BY SMT. KIRTHILATA R. PATIL, HCGP FOR R5, SRI. GURUDEV GACHCHINAMATH, ADVOCATE FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO, ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO REFIX THE PAY, IN THE PAY SCALE OF RS.1280-2450/- AS IT IS EXTENDED TO OTHER SIMILARLY SITUATED EMPLOYEES OF THE CORPORATION, AS PER THE DIRECTION OF THE HONOURABLE HIGH COURT OF KARNATAKA BY ALSO GIVING THE BENEFIT OF THE ANNUAL INCREMENT, AND ALSO REFIX THE PENSION ACCORDINGLY, TO PAY ALL THE ARREARS OF PAY AND PENSION, ALONG WITH THE INTEREST AT THE RATE OF 18% PER ANNUM, TO EXTEND ALL THE MONETARY BENEFIT OF PROMOTIONAL POST OF THE OFFICE SUPERINTENDENT, AS PER THE ORDER OF THE HONOURABLE HIGH COURT OF KARNATAKA, IN WRIT PETITION NO.60295/2012, WITH EFFECT FROM THE DATE OF WHICH THE MY JUNIORS HAVE BEEN PROMOTED TO THE SAID POST AND ALSO FURTHER RELEASE THE AMOUNT, ALONG WITH INTEREST, BY CONSIDERING, THE REPRESENTATION DATED. 17-06-2022, MADE BY THE PETITIONER THE COPY OF WHICH HAS BEEN PRODUCED HEREWITH AND MARKED AS ANNEXURE- A. ISSUE A WRIT OF CERTIORARI TO QUASH THE ORDER NO. HDMC20/06/PENSION/2020-21/1234 DATED 04.03.2021, - 3 - NC: 2025:KHC-D:2522 WP No. 103065 of 2023 PASSED BY THE FIFTH RESPONDENT, THE COPY OF WHICH HAS BEEN PRODUCED HEREWITH AT ANNEXURE-B. FURTHER DIRECTION MAY KINDLY BE ISSUED TO THE RESPONDENT RELEASE ALL THE AMOUNT ILLEGALLY RECOVERED IN THE GUISE OF THE EXCESS SALARY PAID FROM MY RETIREMENT BENEFIT, OF THE PETITIONER WITH INTEREST AT THE RATE OF 18% PER ANNUM. ANY OTHER WRIT OR DIRECTION WHICH THIS HONOURABLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, MAY KINDLY BE GRANTED IN FAVOUR OF THE PETITIONERS, BY ALLOWING THIS WRIT PETITION, IN THE ENDS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: a) Issue a writ of mandamus directing the respondents to refix the pay, in the pay scale of Rs.1280-2450/- as it is extended to other similarly situated employees of the corporation, as per the direction of the Honourable High Court of Karnataka by also giving the benefit of the annual increment, and also refix the pension accordingly, to pay all the arrears of pay and pension, along with the interest at the rate of 18% per annum, to extend all the monetary benefit of promotional post of the office superintendent, as per the order of the Honourable High Court of Karnataka, in Writ - 4 - NC: 2025:KHC-D:2522 WP No. 103065 of 2023 Petition No.60295/2012, with effect from the date of which the my juniors have been promoted to the said post and also further release the amount, along with interest, by considering, the representation dated 17-06-2022, made by the petitioner the copy of which has been produced herewith and marked as Annexure-A. b) Issue a writ of certiorari to quash the order no. HDMC20/06/ Pension/ 2020-21/ 1234 dated 04.03.2021, passed by the fifth respondent, the copy of which has been produced herewith at Annexure-B. c) Further direction may kindly be issued to the respondent release all the amount illegally recovered in the guise of the excess salary paid from my retirement benefit, of the petitioner with interest at the rate of 18% per annum. d) Any other writ or direction which this Honourable court deems fit to grant in the facts and circumstances of the case, may kindly be granted in favour of the petitioners, by allowing this writ petition, in the ends of justice and equity. 2. Heard the learned counsel Sri.J.S.Shetty appearing for petitioner and learned counsel Sri.Gurudev I. Gachchinmath appearing for respondents No.1 to 4 and learned-HCGP Smt.Kritilata R. Patil appearing for respondent No.5. - 5 - NC: 2025:KHC-D:2522 WP No. 103065 of 2023 3. Facts in brief germane are as follows: The petitioner is an employee of the respondent-Hubli-Dharwad Muncipal Corporation (HDMC), was earlier working in the cadre of First Division Assistant. The claim of the petitioner for promotion dates back to his approach to this Court seeking certain relief. A Co- Ordinate Bench of this Court in terms of its order dated 13.01.2012 dispose the Writ Petition No.60295/2012 by the following order: Sri.I.G.Gachchinamath to take notice for the respondent. Petition is filed seeking for a mandamus to the respondent to consider the representation of the petitioner at annexures C and D and promote the petitioner as Superintendent in the respondent Corporation. Heard the counsel representing the parties. It is stated, petitioner is on the verge of retirement from the 2nd respondent Corporation and he has submitted representation at annexures C and D for promoting him as Superintendent and that he is left with 1 ½ years of service and he stands first in the seniority list. It is for the respondent authority to consider the case of the petitioner for promotion according to law at the earliest. Petition is disposed of. - 6 - NC: 2025:KHC-D:2522 WP No. 103065 of 2023 A direction was issued to consider the case of the petitioner’s promotion in accordance with law at the earliest. 4. The subject petition is preferred on the score that the petitioner retires after the order passed by the Court and the petitioner’s promotion or terminal benefits are to be re-fixed in accordance with the promoted post. It is on several grievances petitioner is before this Court. 5. The learned counsel Sri.J.S.Shetty appearing for the petitioner submits that despite the petitioner being eligible and his claim being registered long before the retirement, even today, ten years after retirement, the petitioner does not have the benefit of the order passed by the Co-Ordinate bench as the respondent-Corporation have failed to consider and re-fix the pension of the petitioner and pay all other arrears of such re-fixation after considering grant of promotion. Learned counsel further contend that instead of granting promotion and re-fixing the pension on that scale, even in the existing - 7 - NC: 2025:KHC-D:2522 WP No. 103065 of 2023 scale, his pay has been reduced without any rhyme or reason. 6. Learned counsel Sri.Gurudev I. Gachchinmath submits that the earlier order could not be complied as there was no positive direction to grant a particular relief, therefore the petitioner’s representation dated 17.06.2022 will be considered in accordance with law and appropriate orders would be passed. The submission is placed on record. 7. I have given my anxious consideration to the submissions made by the learned counsel appearing for the parties and perused the material on record. 8. The afore-narrated facts are not in dispute. The petitioner is an employee of the corporation, who at the relevant point of time working as a First Division Assistant, was holding the post of Office Superintendent and retires as in-charge Office Superintendent. It is the claim of the petitioner that he is entitled to be granted retrospective promotion from the date on which he was holding the post of Office Superintendent. - 8 - NC: 2025:KHC-D:2522 WP No. 103065 of 2023 9. Learned counsel Sri.J.S.Shetty appearing for petitioner has rightly placed reliance upon the Rules-2(3) of the Karnataka State Civil Service (Regulation of Promotion, Pay and Pension) Rules, 1978 (for short ‘the Rules’). The Rule-2(3) it reads as follows: “2. Promotion. – Promotion of a civil servant may be made with effect from a retrospective date.- (1) xxx (2) xxx (3) If, while being eligible according to his seniority in the list that was in force and otherwise fit for promotion according to Cadre and Recruitment Rules he had only been placed in independent charge of the post by the Competent Authority and has discharged the duties of the said post:” Rule-2(3) of the Rules of 1978, to contend that once he is holding the post on independent charge basis for a long time he is entitled to get promotion on a regular basis of the said post. He retires without getting the promotion notwithstanding the order passed by the Co-Ordinate bench. - 9 - NC: 2025:KHC-D:2522 WP No. 103065 of 2023 10. In the light of the aforesaid the Act and the Rules, a person who is holding independent charge of a higher post can be considered for promotion to that post from the date on which he has held the said post. The consideration has not yet happened in the case at hand. 11. Therefore, I deem it appropriate to direct the respondent-Corporation to consider the representation dated 17.06.2022 for the purpose for which it is rendered owing to the Rules Karnataka Civil Services (Regulation of Promotion, Pay and Pension) Rules 1973 and pass necessary orders in accordance with law and communicate the order so passed to the petitioner. It is open for the petitioner to avail of such remedy as is available in law, if need arises. 12. For the aforesaid reasons the following: ORDER (i) The petition is allowed. - 10 - NC: 2025:KHC-D:2522 WP No. 103065 of 2023 (ii) The order No.HDMC/20/06/Pension/ 2020-21/1234 dated 04.03.2021 passed by the respondent No.5 vide Annexure-B is quashed. (iii) The payment of pension of the petitioner will remain subject to the orders of the Appellate Authority on the appeal preferred by the petitioner against the order of cancellation. (iv) The petitioner shall be entitled to all consequential benefits that would flow from the quashment of the order including payment of pension. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE RHR/- List No.: 1 Sl No.: 63