- 1 - HC-KAR NC: 2025:KHC:30140-DB WP No. 27667 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 27667 OF 2023 (S-KSAT) BETWEEN: 1. DODDAHANUMANTHARAYAPPA, S/O SRI SANJEEVAPPA (LATE), AGED ABOUT 92 YEARS, LITERATURE ASST., (RETD), SREE CHAMARAJENDRA SANSKRIT COLLEGE, CHAMARAJAPETE, BANGALORE 560018. (R/AT CHIKKAPALANA HALLI, IRAKASNADRA COLONY POST, KORATAGERE TALUK, TUMKUR DISTRICT), REP. BY L. SIDDAIAH AND S. ANIL KUMAR ADVOCATES, No.2554, 14TH CROSS, 24TH MAIN, HSR LAYOUT, 1ST SECTOR, BANGALORE 102. CELL No.9449047369; 9886438330; EMAIL:SIDDAIAH.I@YAHOO.COM …PETITIONER (BY SRI L. SIDDAIAH, ADVOCATE) Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30140-DB WP No. 27667 of 2023 AND: 1. ADDL. CHIEF SECRETARY TO GOVERNMENT DEPT. OF HIGHER EDUCATION, 6TH FLOOR, M.S. BUILDING, DR. B. R. AMBEDKAR ROAD, BANGALORE 560001. (FORMERLY THE CASE WAS BEING DEALT UNDER PRINCIPAL SECRETARY, TO GOVERNMENT DEPARTMENT OF EDUCATION, (PRIMARY AND SECONDARY) 2. THE COMMISSIONER DEPT. OF COLLEGIATE EDUCATION, PALACE ROAD, BANGALORE 560001, (FORMERLY THE CASE WAS BEING DEALT UNDER COMMISSIONER DEPT. OF PUBLIC INSTRUCTIONS, (PRIMARY AND SECONDARY) …RESPONDENTS (BY SMT. B. RAVINDRANATH, AGA FOR R1 & R2) THIS WRIT PETIITON IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 22/02/2023 (ANNEXURE-A) PASSED BY HON'BLE TRIBUNAL IN A.No.941/2022 AND CONSEQUENTLY THE ORDER DATED 28/03/2023 PASSED IN R.A.No.14/2023 BY THE SAID TRIBUNAL IS ILLEGAL AND UNTENABLE AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:30140-DB WP No. 27667 of 2023 CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER (PER: HON'BLE MR. JUSTICE K.V. ARAVIND) Heard Sri L. Siddaiah, learned counsel for the petitioner, and Smt. B. Ravindranath, learned Additional Government Advocate for respondent Nos. 1 and 2. 2. This petition is directed against the order dated 22.02.2023 passed by the Karnataka State Administrative Tribunal, Bengaluru, in Application No. 941/2022 (hereinafter referred to as 'the Tribunal'). 3. The petitioner filed an application before the Tribunal seeking grant of an additional increment, sanction of TBA benefits, and re-fixation of his pay, pension, and retiral benefits, along with interest at the rate of 18% on the arrears. 4. The petitioner had filed Applications No. 1047/2021 and 1139/2021 before the Tribunal, which came to be disposed of by order dated 02.09.2021, granting liberty to the petitioner to - 4 - HC-KAR NC: 2025:KHC:30140-DB WP No. 27667 of 2023 submit a representation. Pursuant thereto, the respondent- authorities considered the representation and rejected the claim by Official Memorandum dated 06.12.2021. Aggrieved by the said Official Memorandum, the petitioner preferred an application before the Tribunal. Under the impugned order, the Tribunal rejected the application, holding that the claim was not justifiable and was barred by delay of at least 30 to 32 years. 5. Sri L. Siddaiah, learned counsel for the petitioner, reiterating the grounds urged before the Tribunal, submits that the petitioner had sought grant of one additional increment under Rule 6 of the Karnataka Civil Services (Service and Kannada Language Examination) Rules, 1974, as well as TBA benefits. It is contended that the respondent-authorities, without due consideration of the statutory provisions and without proper application of mind, have erroneously rejected the petitioner’s claim. 6. Smt. B. Ravindranath, learned Additional Government Advocate appearing for respondent Nos. 1 and 2, submits that the Tribunal was justified in rejecting the application on the ground of delay and laches. - 5 - HC-KAR NC: 2025:KHC:30140-DB WP No. 27667 of 2023 7. Considered the submissions of learned counsel for the parties and perused the writ papers. 8. The petitioner entered Government service as a Primary School Teacher in the year 1957 and was promoted in the year 1966. The petitioner contends that he was entitled to the benefit under Rule 6 of the Karnataka Civil Services (Service and Kannada Language Examination) Rules, 1974 in the year 1974, and to the benefit under the Karnataka Civil Services (Time Bound Advancement) Rules, 1983 in the year 1986. The petitioner filed applications before the Tribunal in the year 2021, which came to be disposed of. Thereafter, another application was filed in the year 2022, which is the subject matter of challenge in the present writ petition. It is not in dispute that the petitioner has sought benefits after a delay of 30 to 32 years. The Tribunal, without entering into the merits of the claim, rejected the application on the ground of delay and laches. Under Section 21 of the Administrative Tribunals Act, 1985 (for Short 'Act') aggrieved person shall approach the Tribunal within one year from the date of cause of action. The Successive representations made belatedly shall not extend the - 6 - HC-KAR NC: 2025:KHC:30140-DB WP No. 27667 of 2023 time limit provided under Section 21 of the Act in respect of cause of action already barred by limitation. The petitioner approached the Tribunal after more than 30 years without any explanation. Even before this Court, no substantive ground is made out to justify the claim after such an inordinate delay. A delay of 32 years cannot be construed as a trivial lapse to be condoned for consideration of the claim. This Court is also of the view that the claim made by the petitioner is clearly barred by delay and laches. The Tribunal was justified in rejecting the application on that ground. No demonstrable ground is made out to warrant interference with the order passed by the Tribunal. The writ petition being devoid of merit, stands dismissed. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE MV List No.: 1 Sl No.: 58