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2025 DAILYLAW 70140 (KAR)

SRI KATAPPA v. THE STATE OF KARNATAKA

WP/12799/2025 · 2025-12-15

Ashok S Kinagi

body2025

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- 1 - HC-KAR NC: 2025:KHC:53511 WP No. 12799 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 12799 OF 2025 (S-R) BETWEEN: 1. SRI KATAPPA S/O LATE. DASAPPA AGED ABOUT 65 YEARS, RETD. WATCHMAN, CITY MUNICIPALITY, CHITRADURGA CITY. R/O. OPP STADIUM, RAJENDRANAGARA, (BUDDHANAGARA), CHITRADURGA-577501 2. SRI. A.H. BORAIAH, S/O. ANCHE HANUMALAH, AGED ABOUT 64 YEARS, RETD. WATCHMAN, CITY MUNICIPALITY, CHITRADURGA CITY. R/O. RAJENDRANAGARA, 4TH CROSS, AMBEDKAR KALYANA MANTAPA, CHITRADURGA-577501 3. SRI ABDUL WAJID, S/O. MAHAMMAD KHASIM AGED ABOUT 67 YEARS RETD., ASSISTANT WATER SUPPLIER, CITY MUNICIPALITY CHITRADURGA CITY-577501 R/O.NO.47, WARD NO.3, KARUVINAKATTE CIRCLE, BANGALORE-577501 Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53511 WP No. 12799 of 2025 4. C.J. IMIMTHIYAZ AHAMED. S/O. K. ABDUL JABBAR AGED ABOUT 67 YEARS, RETD. WATER SUPPLY ASSISTANT, CITY MUNICIPALITY, CHITRADURGA CITY R/O. WARD NO.12, TIPPU CIRCLE, HOLAKERE ROAD, CHITRADURGA-577501. 5. SMT. LAKSHMIDEVI, W/O. K.P. VIJAY KUMAR AGED ABOUT 65 YEARS, RETD. SECOND DIVISION ASSISTANT, CITY MUNICIPALITY, CHITRADURGA CITY. R/O. I.U.D.P LAYOUT, 8TH CROSS, CHITRADURGA-577501 6. T THIMMAPPA ALIAS T THIMMANNA S/O. LATE. THIMMAPPA AGED ABOUT 70 YEARS, RETD. WATER SUPPLY JAWANA CITY MUNICIPALITY, CHITRADURGA CITY. R/O. OPP: STADUIM, RAJENDRANAGAR, CHITRADURGA-577501. 7. SRI.BASAVALINGAPPA. S/O. VEERAPPA AGED ABOUT 65 YEARS, RETD. ASSISTANT ELECTRICAL, (JAWANA) CITY MUNICIPALITY, CHITRADURGA CITY. R/O. THAMATAGALLI ROAD, NEAR CHOUDAMMA TEMPLE. MEDEHALLI, CHITRADURGA-5777501 8. SRI. K.HANUMANTHAPPA. S/O. KENCHAPPA AGED ABOUT 69 YEARS, - 3 - HC-KAR NC: 2025:KHC:53511 WP No. 12799 of 2025 RETD. WATER SUPPLY ASSISTANT, CITY MUNICIPALITY, CHITRADURGA CITY. R/O. BEHIND AKASHAVANI, KELAKOTE, C.K.PURA, CHITRADURGA-577501 9. SRI. M.T. HANUMANTHAPPA. S/O. THIPPAIAH AGED ABOUT 67 YEARS, RETD. WATER SUPPLY WATCHMAN R/O. DR. AMBEDKAR NAGARA, BEHIND AKASHAVANI, C.K. PURA, CHITRADURGA-577501 …PETITIONERS (BY SRI. RAVINDRA V S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, BANGALORE - 560 001. 2. THE ACCOUNTANT GENERAL IN KARNATAKA, PARK HOUSE ROAD, BENGALURU-560 001 3. THE DIRECTOR DEPARTMENT OF PENSION, SMALL SAVINGS AND ASSET DEBT MANAGEMENT, BANGALORE VISHWESHWARAIAH TOWER, DR.B.R.AMBEDKAR VEEDHI, BANGALORE-560001 4. THE DIRECTOR, DIRECTORATE OF MUNICIPAL ADMINISTRATION 9TH AND 10TH FLOOR, VISHVESHWARIAH TOWER, - 4 - HC-KAR NC: 2025:KHC:53511 WP No. 12799 of 2025 AMBEDKAR ROAD, SAMPANGI RAMA NAGAR, VASANTH NAGAR, BENGALURU, KARNATAKA 560001 5. ASSISTANT DIRECTOR DEPARTMENT OF PENSION, SMALL SAVINGS AND ASSET DEBT MANAGEMENT, CHITRADURGA-577501 6. THE MUNICIPAL COMMISSIONER CITY MUNICIPAL COUNCIL. CHITRADURGA-577501 …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 TO R5 SMT. SINCHANA M.R., ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT TO EXTEND THE BENEFIT OF RULE 247-A OF KCSR FOR QUALIFYING SERVICE FOR PENSION AND PENSIONALRY BENEFITS BY ADDING 8 YEARS OF SERVICE AS PROVIDED UNDER THE SAID RULE AND ALSO CONSEQUENTLY DIRECT THE RESPONDENT TO REVISE THE PENSION AND PENSIONARY BENEFITS WITH ALL CONSEQUENTIAL BENEFITS. DIRECTING THE RESPONDENT TO CONSIDER THE REPRESENTATION DTD 20.03.2025 GIVEN TO THE RESPONDENT VIDE ANNX-Q. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC:53511 WP No. 12799 of 2025 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioners filed this writ petition seeking a mandamus directing the respondents to consider the representation dated 20.03.2025 vide Annexure-Q, wherein the petitioners had requested the respondents to extend the benefits of Rule 247-A of KCSR1 for qualifying service for pension and pensionary benefits by adding 8 years of service as provided under the said Rule and consequently seeking a direction the respondents to revise the pension and pensionary benefits with all consequential benefits. It is contended that, the respondents have not passed any order on the representation submitted by the petitioners. Hence, this writ petition. 2. Heard the arguments of learned counsel for the parties. 3. Learned counsel for respondent No.6 appearing through video conference submits that, if reasonable time 1 Karnataka Civil Services Rules - 6 - HC-KAR NC: 2025:KHC:53511 WP No. 12799 of 2025 is granted, respondent No.6 will consider the representation submitted by the petitioners and would pass an appropriate order in accordance with law. 4. In view of the submission made by learned counsel for respondent No.6, I proceed to pass the following: ORDER i. The writ petition is disposed of; ii. Respondent No.6 is directed to consider the representation vide Annexure-Q, and pass an appropriate order in accordance with law, within 8 weeks from the date of receipt of a copy of this order; iii. Pending IA(s), if any, shall stand disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE PA CT:KHV List No.: 2 Sl No.: 3