- 1 - HC-KAR NC: 2025:KHC:29140 WP No. 19626 of 2023 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. 19626 OF 2023 (S-R) BETWEEN: 1. L LINGEGOWDA AGED ABOUT 70 YEARS S/O L GOWDA NO 22, PARVATHI KEREKODI ROAD D SOUZA NAGAR HOSAKEREHALLI BSK II STAGE BANGALORE- 560085. 2. KRISHNAPPA AGED ABOUT 66 YEARS S/O RAMAIAH NO 21, DODDA BEGUR ROAD VISHWAPRIYA NAGAR BANGALORE - 560068. 3. T SUVARNA KUMARI AGED ABOUT 70 YEARS W/O N CHANDRASHEKAR NO 400, 25TH MAIN H S R II STAGE BANGALORE - 560102. 4. C S DEENANATHAROUTH AGED ABOUT 66 YEARS S/O SRI ROTH NO 23/1, PRASHANTHI NILAYA 1ST MAIN 5TH CROSS SANGOLLIRAYANNA PARK Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29140 WP No. 19626 of 2023 SUBRAMANYA NAGAR BANGALORE - 560021 5. MD SHABEER AHMED AGED ABOUT 67 YEARS S/O MD ANSAR NO 161 E 117, 1ST MAIN IIND STAGE, RASHEEDA NAGAR ABDULKALAM ROAD GOVINDAPURA, BANGALORE-560077. 6. RAMALINGAIAH AGED ABOUT 66 YEARS S/O LATE KENGAIAH 12/3, 8TH CROSS COCONUT AVENUE ROAD MALLESHWARAM BANGALORE – 560003. 7. SHAMSHADBEE AGED ABOUT 66 YEARS W/O MD YASIN BAHADUR RAJAK PALYA, BAGALUR BANGALORE - 562149. 8. SHANTHAMMA L AGED ABOUT 55 YEARS D/OLATE LAKKAMMA D/O NANJAPPA NO.107, 19TH CROSS RAJEEVA GANDHI NAGAR SUNKADA KATTE, VISHWANEEDAM POST BANGALORE – 560091 …PETITIONERS (BY SRI. RANJAN SHETTY., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY ANIMAL HUSBANDARY AND - 3 - HC-KAR NC: 2025:KHC:29140 WP No. 19626 of 2023 FISHERIES DEPARTMENT VIKAS SOUDHA, DR B R AMBEDKAR VEEDHI BANGALORE – 560001. 2. KARNATKA MEAT AND POULTRY MARKETING CORPORATION LTD (NOW UNDER LIQUIDATION) REPRESENTED BY LIQUIDATOR 1ST FLOOR (DDRPES) POULTRY DISEASE DIAGNOSIS LABORATORY BUILDING HEBBAL BANGALORE – 560024 R2 IS DELETED AND MERGED WITH R3 AS PER ORDER DATED: 17.04.2025 . 3. BRUHAT BANGALORE MAHANAGARA PALIKE BY ITS COMMISSIONER N R SQUARE, BANGALORE - 560002. 4. SECRETARY TO THE GOVERNMENT URBAN DEVELOPMENT DEPARTMENT VIKAS SOUDHA DR B R AMBEDKAR VEEDHI BANGALORE – 560001. …RESPONDENTS (BY SRI.V SHIVAREDDY, AGA FOR R1 AND R4: SRI PAWAN KUMAR., ADVOCATE FOR R3: NOTICE TO R2 IS DISPENSED WITH V/O DATED:17.04.2025 ) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF PENSION REJECTION ISSUED BY BBMP VIDE LETTER NO. B 12(4)PR/196/17-18 DATED 12/04/2023 UNDER ANNEXURE-S. BEING ARBITRARY, UNLAWFUL AND UNENFORCEABLE BY ISSUE OF A WRIT IN THE NATURE OF CERTIORARI AND DIRECT THE RESPONDENT TO GRANT PENSION FROM THE DATE OF THEIR RETIREMENT AND GRANT ALL CONSEQUENTIAL BENEFITS AND ETC. - 4 - HC-KAR NC: 2025:KHC:29140 WP No. 19626 of 2023 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 This writ petition is filed under Articles 226 & 227 of the Constitution of India, challenging the order dated 12.04.2023 (Annexure-S) passed by the Deputy Commissioner (Administration), BBMP, whereby, the request of the petitioners for absorption in the BBMP has been rejected. 2. The petitioners in this writ petition were initially appointed in the Karnataka Meat and Poultry Marketing Corporation (for short, ‘the Corporation’), a Government of Karnataka Undertaking. In the meanwhile, on 01.07.2005 a Government Order was passed, merging the Slaughter Houses which were being managed by the Karnataka Meat and Poultry Marketing Corporation, with the BBMP. Thereafter, the petitioners who were working in the Corporation were continued to work in the BBMP. There - 5 - HC-KAR NC: 2025:KHC:29140 WP No. 19626 of 2023 were 18 employees who were working in the Karnataka Meat and Poultry Marketing Corporation. Out of 18 employees, 8 employees were absorbed in the BBMP by Government Order dated 12.11.2020. The petitioners had already given representations on 06.06.2013, 26.06.2014 and 27.06.2014. Since their representations were not considered, they have approached this Court by filing W.P.No.18155/2019. This Court, by order dated 03.06.2021 directed the respondent – BBMP to consider the representations of the petitioners and pass appropriate orders, in accordance with law, within three months from the date of receipt of a copy of the order. Thereafter, the impugned endorsement vide Annexure-S dated 12.04.2023 has been issued. The only reason given for rejection of the representations of the petitioners is that, by that time, the petitioners were all retired from the service. 3. The learned counsel for the petitioners submits that, while passing the order of absorption in respect of - 6 - HC-KAR NC: 2025:KHC:29140 WP No. 19626 of 2023 other 8 employees, by order dated 12.11.2020, some of them were already retired, i.e., one Venugopal and G.B.Kumara Swamy. But, their cases have been considered for absorption. But, in the impugned endorsement, the petitioners’ cases have been rejected only on the ground that they were retired from the service. He also has placed reliance on the Division Bench judgment of this Court passed in W.P.No.6238/2020 C/w. W.P.No.48123/2019 disposed of on 17.03.2025. Hence, he sought to allow the writ petition. 4. The respondents have not filed any statement of objections. In case of other employees, i.e., Venugopal and Kumaraswamy, who were already retired, their case has been considered for absorption. However, by impugned order, the case of the petitioners has been rejected only on the ground that they have already been retired from service. This action of the respondents amounts to discrimination and the same is in violation to the rights guaranteed to the petitioners under Articles 14 - 7 - HC-KAR NC: 2025:KHC:29140 WP No. 19626 of 2023 and 16 of the Constitution of India. The impugned order is passed without application of mind. On this short ground alone, the impugned order is liable to be quashed. 5. In view of the above, the following order is passed: ORDER (i) The writ petition is allowed in part. (ii) The endorsement dated 12.04.2023 vide Annexure-S is quashed. (iii) Liberty is reserved to the petitioners to submit additional representation, enclosing the order dated 12.11.2020, the order passed in W.P.No.6238/2020 C/w. W.P.No.48123/2019 disposed of on 17.03.2025 and any other documents, to establish their case, within two weeks from the date of receipt of a copy of this order. - 8 - HC-KAR NC: 2025:KHC:29140 WP No. 19626 of 2023 (iv) The respondents are directed to consider the additional representation to be submitted by the petitioners, in accordance with law, as expeditiously as possible, not later than twelve weeks from the date of receipt of a copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 53