Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:52289 WP No. 8383 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 8383 OF 2025 (S-RES)
BETWEEN:
1. C.GAJENDRA S/O CHIKKASUBBANNA, AGED ABOUT 50 YEARS, OCC: WORKING AS BEE KEEPING ASST., GOWRIBIDANUR, R/O TERINA BEEDI, GARADI MANE CROSS, DODDABALLAPUR-530005.
2.
K.R. SOMASHEKAR S/O RAMAKRISHNAPPA B, AGED ABOUT 55 YEARS, OCC: WORKING AS BEE KEEPING ASST., BAGEPALLI, R/O KADIRANNAGARIPALLI, POST MAGASANDRA, BAGEPALLI TALUK, DIST. CHIKKABALLAPUR.
3. K.R.SHIVASHANKAR S/O CHIKKARAMASWAMY, AGED ABOUT 58 YEARS, OCC: WORKING AS BEE KEEPING ASST., BAGEPALLI, R/O KADIRANNAGARIPALLI, POST MAGASANDRA,
Digitally signed by SUNITHA K S Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:52289 WP No. 8383 of 2025
BAGEPALLI TALUK, DIST. CHIKKABALLAPUR. …PETITIONERS
(BY SRI. LAKSHMIKANTH T PUJARI, ADVOCATE FOR SRI. GURUPADAPPA GOLAPPA CHAGASHETTI, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA BY ITS UNDER SECRETARY HORTICULTURE DEPARTMENT 4TH FLOOR, 3RD STAGE, MS BUILDING, BANGALORE-560001
2.
THE DIRECTOR, HORTICULTURE DEPARTMENT, LALABAGH, BENGALORE-560004.
3.
THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYAT, CHIKKABALLAPUR-520008.
4.
THE DEPUTY DIRECTOR, HORTICULTURE DEPARTMENT, (ZILLA PANCHAYAT), PRS HORTICULTURE ZONE, NANDI CROSS, CHIKKABALLAPUR-520008 …RESPONDENTS
(BY SRI. B.J. ESHWARAPPA, AGA FOR R1, R2 & R4 SMT. A SAILEELA, ADVOCATE FOR SRI. M.S. DEVARAJA, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO GIVE DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.3 TO CONSIDER THE PROPOSAL SUBMITTED
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HC-KAR NC: 2025:KHC:52289 WP No. 8383 of 2025
BY THE 4TH RESPONDENT IN NO. THOUNI/GPAM/CHIPAM/CHIPURA/VNI2/65/2024-25 DTD.
12.11.2024 VIDE ANNEXURE-H AND SUITABLE ORDERS IN ACCORDANCE WITH LAW. DIRECT THE RESPONDENT NO.3 TO SANCTION 7TH PAY SCALE OF SALARY OF RS.29600-52800 BY FIXING HONORARY SALARY OF RS.29600/- TO THE PETITIONERS. DIRECT THE RESPONDENTS REGULARIZE THE SERVICE OF THE PETITIONERS AS BEE CULTIVATION ASSISTANT IN THE DEPARTMENT HORTICULTURE ZILLA PANCHAYAT CHIKKABALLAPUR.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI
ORAL ORDER
The petitioner filed this writ petition seeking the following reliefs: a) Issue a writ, order or direction in the nature of mandamus directing the Respondent No.3 to consider the proposal submitted by the 4th respondent in No./// 2/65/2024-25 :12.11.2024 vide Annexure-H and pass suitable orders in accordance with law. b) Issue a writ, order or direction in the nature of mandamus directing the Respondent No.3 to sanction 7th pay scale of salary of Rs.29600-52800
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HC-KAR NC: 2025:KHC:52289 WP No. 8383 of 2025
by fixing honorary salary of Rs.29600/- to the petitioners. c) Issue a writ, order or direction in the nature of mandamus directing the respondents to regularize the service of the petitioners as Bee cultivation Assistant in the department Horticulture Zilla Panchayat Chikkaballapur. d) Issue any other suitable writ, order or direction as this Hon'ble Court deems fit under the facts and circumstances of the case.
2.
Brief facts leading rise to the filing of this petition are as follows:
2.1. The petitioners were appointed as Bee Cultivating Assistants in the Department of Commerce and Industry at Chikkaballapur. The Department of Commerce and Industry was wound up. In view of the winding up, the services of the petitioners, and entire department was transferred to Zilla Panchayat, Chikkaballapur. The petitioners were relieved from the services. Respondent No.4 submitted particulars of the employees to the Zilla Panchayat, Chikkaballapur. This Court allowed the writ
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HC-KAR NC: 2025:KHC:52289 WP No. 8383 of 2025
petition in WP No.28729-28731/2012 and quashed the impugned order dated 18/23.08.2011, rejecting the accommodation of the petitioners in the Horticulture Department of Zilla Panchayat.
The Secretary, Department of Commerce and Industry transferred the petitioners to the Horticulture Department, Chikkaballapur. Respondent No.3 sanctioned 5th pay-scale to the petitioners and in view of the same, the petitioners are receiving salary of Rs.18,600/-. Respondent No.4 recommended to respondent No.3 for grant of 7th pay-scale to the petitioners vide its proposal at Annexure-H. Respondent No.3 has not passed any order on the recommendation made by respondent No.4. Hence, this writ petition.
3.
Learned counsel for respondent No.3 submits that, if reasonable time is granted, respondent No.3 will consider the recommendation made by respondent No.4 for grant of 7th pay-scale to the petitioners, and would pass the appropriate orders in accordance with law.
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HC-KAR NC: 2025:KHC:52289 WP No. 8383 of 2025
4. In view of the submission made by learned counsel for respondent No.3, I proceed to pass the following:
ORDER i. The writ petition is disposed of; ii. Respondent No.3 is directed to consider the recommendation made by respondent No.4 vide Annexure-H, and to pass the appropriate orders 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.: 1 Sl No.: 40