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2025 DAILYLAW 54268 (KAR)

V PRABHUSWAMY v. THE STATE OF KARNATAKA

WP/29720/2024 · 2025-08-05

H T Narendra Prasad

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:30199 WP No. 29720 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 29720 OF 2024 (S-RES) BETWEEN: V PRABHUSWAMY AGED ABOUT 64 YEARS KARNATAKA STATE RETIRED EMPLOYEES UNION HAVING ITS OFFICE AT NO.631 7TH CROSS, GANESH BANDAR MAIN ROAD JANATHANAGAR, MYSORE-570031. …PETITIONER (BY SRI. MOHIT U THODASKAR, ADVOCATE FOR SRI. GIRIDHAR S V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHAN SOUDHA BANGALORE-560001. 2. THE DEPUTY SECRETARY GOVERNMENT OF KARNATAKA FINANCE DEPARTMENT(SERVICE-2) BANGALORE-560001. …RESPONDENTS (BY SRI.SIDHARTH BABU RAO, AGA FOR RESPONDENTS) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 23.02.2018 AT ANNEXURE-D MADE BY THE PETITIONER TO THE GOVERNMENT ORDER PASSED BY R-2 DATED 21.04.2012 BEARING NO. FD 7 SRP 2012 AS AT ANNEXURE-A AND ETC. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30199 WP No. 29720 of 2024 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. At the outset, learned AGA raised a preliminary objection regarding maintainability of the writ petition on the ground that the petitioner was a civil servant and in respect of the relief sought by the petitioner regarding payment of retirement benefits, the petitioner has to approach the Karnataka State Administrative Tribunal. 2. The grievance in respect of the ‘service matters’ cannot be a subject matter of adjudication at the hands of a writ Court, as the court of first instance, in the light of the decision of the Apex Court in the case of L.Chandra Kumar vs. Union of India and others reported in (1997) 3 SCC 261. - 3 - HC-KAR NC: 2025:KHC:30199 WP No. 29720 of 2024 3. In view of the above, the writ petition is disposed of, reserving liberty for the petitioner to approach the appropriate legal forum. 4. Registry is directed to return the original or certified copies of the documents, if any, to the petitioner, after retaining the Xerox copies of the same. 5. All the contentions of the parties are kept open. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 2