- 1 - HC-KAR NC: 2025:KHC-D:15779 WP No. 101860 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 101860 OF 2024 (S-RES) BETWEEN: G. KRISHNASWAMI AGE: 73 YEARS, OCC: RTD JUNIOR ENGINEER K.E.B. R/O: H.NO. 44, WARD NO. 26, KOUL BAZAR, BALLARI-583102. …PETITIONER (BY SRI. SACHIN C. KULKARNI, ADVOCATE) AND: 1. THE MANAGING DIRECTOR (ELECT) KPTCL AND CHAIRPERSON G.E.S.C.O.M., KPTCL CORPORATE OFFICE KAVERI BHAVAN, K.G.ROAD, BENGALURU-560009. 2. CHEIF FINANCIAL OFFICER GESCOM CORPORATE OFFICE STATION ROAD, KALABURGI-585102. 3. THE EXECUTIVE ENGINEER (ELECT) O AND M (RURAL) SECTION, GESCOM, BALLARI-583103. …RESPONDENTS (BY SRI. ANOOP DESHPANDE, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO: I) ISSUE A WRIT OF CERTIORARI QUASHING THE ENDORSEMENT ISSUED BY THE RESPONDENT NO.3 VIDE ANNEXURE-F DT. 10/2/2022 U/NO. KANIHA (V) / KA AND PA/GRA/B/SALAA/HISA(C)/2021-22/7956-57. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:15779 WP No. 101860 of 2024 II) THE RESPONDENTS BE DIRECTED MANDATORILY TO CALCULATE AND PROVIDE INCREMENT TO THE PETITIONER FOR THE PERIOD FROM 1981 TO 1984 AND PROVIDE HIS BENEFITS OF SERVICES ACCORDINGLY. THIS WRIT 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: I) Issue a Writ of Certiorari quashing the Endorsement issued by the Respondent No.3 vide ANNEXURE-F dt. 10/2/2022 U/no. KANIAA (V) / KA AND PA/GRA/B/LEA/SALEA/HISA(C)/ 2021-22/7956-57. II) The respondents be directed Mandatorily to calculate and provide increment to the petitioner for the period from 1981 to 1984 and provide his benefits of services accordingly. III) Grant such other and further relief’s as are just during the circumstances of the case in the interest of justice and equity. 2. Heard the learned counsel Sri.Sachin Kulkarni appearing for the petitioner and the learned counsel Sri.Anoop Deshpande for the respondents. 3. Facts in brief germane are as follows: 4. The petitioner joins the service of the respondents, the then Karnataka Electricity Board, as a temporary employee - 3 - HC-KAR NC: 2025:KHC-D:15779 WP No. 101860 of 2024 or daily wage employee, as the case would be. The petitioner's service comes to be regularised on 16.11.1972. Between the years 1981 to 1984, the petitioner was not regular to his service owing to certain medical emergencies and therefore his increments were postponed or not granted appropriately. 5. The petitioner then gets back to regular service in the year 1984. After about 15 years of the said resumption of service, retires on seeking voluntary retirement in the cadre of Executive Engineer. The pension of the petitioner was fixed on 31.07.1999. After about 23 years of receipt of pension, the petitioner is said to have submitted representation for correction of the increment of the year 1981 to 1984, which would enure to the benefit of the petitioner for getting varied pension. The said representation of the petitioner is met with its rejection by an endorsement dated 10.02.2022. The rejection is on the score that the petitioner had to get his increment corrected once he resumed service in the year 1984. The petitioner keeps quiet for 15 years, retires on seeking voluntary retirement from service. After cessation of employment on such voluntary retirement also keeps quiet for 23 years. Now in the year 2022, he is said to - 4 - HC-KAR NC: 2025:KHC-D:15779 WP No. 101860 of 2024 have submitted a representation seeking correction of an error that has happened between the years 1981 to 1984. Therefore, an error of 38 years is sought to be corrected by way of a representation in the year 2022. 6. It is trite law that the equity whatsoever is in favour of any employee or a litigant, is lost due to sheer delay, as the law protects the diligent and not the indolent. Petition lacking in merit, stands dismissed. Sd/- (M.NAGAPRASANNA) JUDGE KGK CT:ANB List No.: 1 Sl No.: 14