- 1 - HC-KAR NC: 2025:KHC:30122 WP No. 7799 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 7799 OF 2024 (S-RES) BETWEEN: SRI. M.C. ANAND KUMAR SON OF CHIKKA CHOWDAPPA AGED ABOUT 57 YEARS X-RAY TECHNICIAN 9TH MAIN, 9TH BLOCK MYSURU MEDICAL COLLEGE & RESEARCH INSTITUTE MYSURU - 570 001. …PETITIONER (BY SRI. H P GANGESH GOWDA., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF HEALTH & FAMILY WELFARE VIKASA SOUDHA, BENGALURU - 560 001 REP. BY ITS PRINCIPAL SECRETARY. 2. THE DIRECTOR HEALTH AND FAMILY WELFARE SERVICES AROGYA SOUDHA, MAGADI ROAD BENGALURU - 560023. 3. THE DIRECTOR HEALTH AND FAMILY WELFARE SERVICES MYSURU DIVISION, (E.D. HOSPITAL) PREMISES K.R.S.ROAD, METAGALLI MYSURU - 570 016. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30122 WP No. 7799 of 2024 4. THE DIRECTOR KIDWAI MEMORIAL INSTITUTE OF ONCOLOGY GOVERNMENT OF KARNATAKA AUTONOMOUS INSTITUTION DR. M H MARIGOWDA ROAD BANGALORE - 560029. …RESPONDENTS (BY SRI.VIKAS R, AGA FOR R1 TO R3: SRI. ARVIND V CHAVAN, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R3 TO CONSIDER THE REPRESENTATION DATED 15/06/2022 VIDE ANNEXURE-R AND TREAT THE PETITIONER AS A PERMANENT GOVERNMENT SERVANT AND ETC. 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, seeking a writ of mandamus directing the third respondent to consider the representation dated 15.06.2022 vide Annexure-R and to treat the petitioner as a permanent Government servant. 2. The case of the petitioner is that he was appointed as an X-ray Technician in the Institute of the fourth respondent on 19.10.1993 (Annexure-A) under the - 3 - HC-KAR NC: 2025:KHC:30122 WP No. 7799 of 2024 Karnataka Civil Servants (General Recruitment) Rules, 1977 (for short, ‘1977 Rules’) and subsequently, he has been confirmed in the service on 23.08.1995 (Annexure- C). Thereafter, on 31.01.2007, under 1977 Rules, the petitioner was transferred from the fourth respondent Institute to Mandya Institute of Medical Sciences, Mandya, which was then a constituent of the fourth respondent – Institution. Then, on 04.06.2007, the petitioner was transferred to Mysuru Medical college, Mysuru. Since then, he was working in the said Institution. Since the transfer of the petitioner was made on permanent basis under 1977 Rules, the petitioner has become a permanent employee of the respondent – Institute. At the request of the petitioner, the Government directed the fourth respondent to transfer his pension account to the Government. Inspite of that, the fourth respondent has not transferred his pension account. Being aggrieved, he approached this Court in W.P.No.47729/2012. This Court, by order dated 27.04.2015 (Annexure-J), directed the - 4 - HC-KAR NC: 2025:KHC:30122 WP No. 7799 of 2024 fourth respondent herein to transfer the pension account of the petitioner for the service rendered by the petitioner to the State Government. Pursuant to the order passed by this Court, the fourth respondent transferred the pension account to the State Government. Now, the petitioner is entitled for the pensionary and other consequential benefits from the State Government. Since the State Government has not Therefore, he is before this Court. 4. The learned counsel for the fourth respondent and learned AGA for the State submit that the petitioner has not made any demand seeking for pensionary benefits, to the competent authority. If the petitioner submits the representation, enclosing all the relevant documents, his case would be considered in accordance with law. 5. In view of the above, without expressing any opinion on the merits of the case, the petitioner is at liberty to submit a representation, enclosing all the relevant documents to the competent authority, within two - 5 - HC-KAR NC: 2025:KHC:30122 WP No. 7799 of 2024 weeks from the date of receipt of a copy of this order. If such a representation is submitted, the competent authority is directed to consider the same, in accordance with law and communicate the decision to the petitioner, within eight weeks from the date of receipt of the representation. 6. With the above observations, the writ petition stands disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 61