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2025 DAILYLAW 49371 (KAR)

CHANDRASHEKARAIAH v. THE STATE OF KARNATAKA

WP/30964/2025 · 2025-10-17

C M Poonacha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:41420-DB WP No. 30964 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 30964 OF 2025 (GM-RES) BETWEEN: 1. CHANDRASHEKARAIAH S/O LATE MUDDAPPA, AGED ABOUT 72 YEARS, RETIRED LECTURER, R/O #27/5026, 17TH WARD, SUBASHNAGAR, K.R.NAGAR TOWN-571603, MYSURU DISTRICT. PAN NUMBER AIVPC3844R U I NO.480055189904 MOBILE NO: 9900929463. 2. H.D.GNANADEVA, S/O LATE H.C.DODDARAJEGOWDA, AGED ABOUT 63 YEARS, RETIRED PHYSICAL EDUCATION TEACHER, R/O HEBBALU VILLAGE-571602, K.R.NAGAR TALUK, MYSURU DISTRICT. PAN NUMBER ATMPG8590Q U I NO.736972049716 MOBILE NO: 8123202853. 3. RAGHAVENDRA, S/O LATE HANUMANTHA AGED ABOUT 44 YEARS, R/AT 5/83, 5TH WARD, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41420-DB WP No. 30964 of 2025 SLUM BOARD QUARTERS, NEAR RAILWAY STATION, K.R.NAGAR TOWN-571603, MYSURU DISTRICT. PAN NUMBER: CPUPR1558F U I NO.219368999569 MOBILE NO: 9844324405. …PETITIONERS (BY SRI. S.C.VIJAYA KUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHANASOUDHA, AMBEDKAR VEEDI, BENGALURU-560001. 2. THE SECRETARY, LEGAL DEPARTMENT, KARNATAKA STATE GOVERNMENT, VIDHANASOUDHA, AMBEDKAR VEEDI, BENGALURU-560001. 3. THE TAHSILDAR, K.R.NAGAR TALUK, K.R.NAGAR-571602 MYSURU DISTRICT. 4. THE CHIEF SECRETARY, DEPARTMENT OF FINANCE, GOVERNMENT OF KARNATAKA, VIDHANASOUDHA, BENGALURU-01. …RESPONDENTS (BY SMT NILOUFER AKBAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE - 3 - HC-KAR NC: 2025:KHC:41420-DB WP No. 30964 of 2025 IMPUGNED ENDORSEMENT ISSUED BY THE 4TH RESPONDENT BEARING No. Aa E 92 Say-2/2025 DATED 20.06.2025 AS PER ANNEXURE-D BY ISSUING WRIT OF CERTIORARI AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. Petitioners have filed the present petition to quash an endorsement dated 20.06.2025 passed by respondent No.4, rejecting the petitioners' representation. We notice that this is the second writ petition filed by the petitioners. The first writ petition being W.P. No.2712/2025 was disposed of on 06.02.2025. The said order reads as under: In course of the submissions when learned advocate Mr. S.C. Vijayakumar for the petitioners found himself to be at receiving end in answering the query of the court on the maintainability of this public interest petition, he confined his prayer requesting the court that the representation dated 31.10.2023 which is made to the competent authorities in respect of alleged grievance that the employees have been - 4 - HC-KAR NC: 2025:KHC:41420-DB WP No. 30964 of 2025 misusing the house rent allowance, may be directed to be decided. In that view, while not entertaining the present petition and not going into the merits of the subject matter, it is provided that the competent authority of the respondents shall look into the representation and take appropriate decision strictly in accordance with law within a period of eight weeks from today. Subject to above limited observation, the petition is not entertained and stands disposed of. 2. It is the petitioners' general complaint that house rent allowance issued to various Government employees is being misused, as some of the employees are not residing within the area of their headquarters, but are residing outside, which according to them makes it difficult for the public to access them and their residence. The petitioners are essentially seeking review of house rent allowance granted to all employees. The petitioners claim that the payment of house rent allowance is also contrary to the guidelines. The petitioners relies on paragraph No.2(6) of the guidelines dated 19.10.2012, which are reproduced in the impugned endorsement. The same reads as under: - 5 - HC-KAR NC: 2025:KHC:41420-DB WP No. 30964 of 2025 2(vi): while paying house rent allowance to government employee, the place of work to be consider and not place of residence. 3. According to the petitioners, the payment of house rent allowance should not be granted to the employees, who are not living within the vicinity or in the place of work. 4. We are unable to accept that any such blanket interpretation can be accorded in the guidelines. There are several employees who might be working in the metropolitan cities, but travel from outskirts. It is difficult to accept that the said persons would be disentitled to an house rent allowance, on account of they living outside the boundaries of the city or the place of work. 5. Notwithstanding the above, we note that respondent No.4 has also granted liberty to the petitioners to bring any specific instance of house rent allowance being misused by any of the employees to the concerned Head of Department/Board along with necessary materials and documents. 6. Needless to state that, if any misuse is found by the concerned Department on the basis of said matter, the concerned - 6 - HC-KAR NC: 2025:KHC:41420-DB WP No. 30964 of 2025 Department is bound to take appropriate decision. No orders are required to be passed by this Court in this said petition. 7. Petition is accordingly, disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE BS List No.: 1 Sl No.: 5