Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:29086 WP No. 7545 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 7545 OF 2020 (S-RES) BETWEEN:
SRI K L KUMAR S/O K L LAKSHMIPATHI RAO AGED ABOUT 62 YEARS RTRD. EMPLOYEE OF KHDC R/AT NO 68, BALAJI NIVAS SOUTH END ROAD, BASAVANAGUDI BENGALURU 560004 …PETITIONER (BY SRI. SUNDARESHAN H C.,ADVOCATE) AND:
THE MANAGING DIRECTOR KARNATAKA HANDLOOM DEVELOPMENT CORPORATION LTD.
REGIONAL OFFICE, NO.1 TANK BUND ROAD, HALASOOR BENGALURU 560042 …RESPONDENT (BY SRI.D. NAGARAJ., ADVOCATE )
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATION FILED BY THE PETITIONER DATED 09.01.2008, 03.09.2009, 27.10.2018 AND 11.06.2019 AS PER ANNEXURE-G, G1 TO G3 TO EXTEND THE BENEFIT OF SELECTION TIME SCALE IMMEDIATELY AFTER COMPLETING 10 YEARS OF SERVICE I.E FROM 07.04.1992, TIME BOUND ADVANCEMENT W.E.F.31.07.1997 AND AUTOMATIC GRANT OF SPECIAL PROMOTION WITH SENIOR PAY SCALE W.E.F 31.07.2012 AS PER THE RULE AND REGIX THE PAY SCALE OF
Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:29086 WP No. 7545 of 2020
THE PETITIONER AND EXTEND ALL MONETARY BENEFITS TO THE PETITIONER ALONG WITH TERMINAL BENEFITS.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER
1. In this writ petition, the petitioner has sought for the following relief/s:
“a) Issue writ in nature of mandamus directing the respondent to consider the representation filed by the petitioner dated: 09-01-2008, 03- 09-2009, 27-10-2018 and 11-06-2019 as per ANNEXURE-G, G1 to G3 to extend the benefit of Selection Time Scale immediately after completing 10 years of service i.e., from 07- 04-1992, Time Bound Advancement w.e.f 31- 07-1997 and Automatic Grant of Special Promotion with Senior Pay Scale w.e.f 31-07- 2012 as per the Rule and refix the pay scale of the petitioner and extend all monetary benefits to the petitioner along with terminal benefits.
b) Pass such other order or direction as this Hon'ble Court deems fit on the fact and
- 3 -
HC-KAR NC: 2025:KHC:29086 WP No. 7545 of 2020
circumstances of the case in the interest of justice and equity.”
2. The case of the petitioner is that he was appointed as a First Division Clerk in the respondent-Corporation on
07.04.1982. As per the KHDC (Time Bound Advancement) Rules, 1988 (hereinafter referred to as ‘the Rules’), the petitioner was entitled to the selection time scale immediately after completing 10 years of service. However, even after completing 10 years, the said benefit was not granted to the petitioner. Subsequently, the petitioner was promoted to the post of Accounts Assistant. As per the Rules, the petitioner became eligible for Time Bound Advancement immediately after completing 5 years of service from the date of promotion. This benefit was also not given to the petitioner. Further, he was also eligible for the automatic grant of Special Promotion to the senior pay scale, which was also not granted to him.
- 4 -
HC-KAR NC: 2025:KHC:29086 WP No. 7545 of 2020
Thereafter, the petitioner attained the age of superannuation and was relieved from service on
30.04.2018. Since the respondent failed to grant the benefits due under the said Rules, the petitioner submitted several representations vide Annexure-G series, to the respondent. In spite of several representations made by the petitioner, no action was taken by the respondent. Therefore, the present petition has been filed.
3.
Learned counsel appearing for the respondent has submitted that the petitioner has now retired from service. His representations will be considered, if he submits an additional representation, in accordance with law, if this Court grants some reasonable time.
4. In view of the above, following order is passed:
ORDER a) The writ petition is disposed of.
- 5 -
HC-KAR NC: 2025:KHC:29086 WP No. 7545 of 2020
b) Liberty is reserved to the petitioner to submit an additional representation, within a period of two weeks from today, to the respondent. c) The respondent is directed to consider the representations of the petitioner, as per the Annexure-G series, along with an additional representation to be submitted by the petitioner, within three months from the date of receipt of the additional representation.
Sd/- (H.T. NARENDRA PRASAD) JUDGE
HA LIST NO.: 1 SL NO.: 34