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2025 DAILYLAW 76063 (KAR)

K. PUTTASWAMAIAH v. THE STATE OF KARNATAKA

WP/14765/2024 · 2025-08-14

H T Narendra Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31619 WP No. 14765 of 2024 C/W WP No. 8175 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 14765 OF 2024 (S-RES) C/W WRIT PETITION NO. 8175 OF 2025 (S-RES) IN WP NO. 14765/2024 BETWEEN: 1. K. PUTTASWAMAIAH S/O LATE KEMPEGOWDA AGED ABOUT 68 YEARS R/AT NO.893, 1ST MAIN ROAD 3RD CROSS, BEML LAYOUT, 5TH STAGE BENGALURU 560098. 2. JAYALAKSHMI M W/O LATE A MANCHAIAH AGED ABOUT 60 YEARS R/AT NO.1909 13TH CROSS ASHOKPURAM, MYSURU 570008. 3. MALLAMMA W/O N SHIVARAMAIAH AGED ABOUT 60 YEARS R/AT NO.218, 11TH CROSS 3RD MAIN, JANATHA NAGAR MYSURU 570009. 4. M MAHADEVU S/O LATE M NANJAIAH AGED ABOUT 70 YEARS R/AT NO.161 4TH MAIN 15TH CROSS Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31619 WP No. 14765 of 2024 C/W WP No. 8175 of 2025 VIDHYARANYAPURA MYSURU 570008. 5. PUTTASWAMY S/O LATE RAMEGOWDA AGED ABOUT 42 YEARS R/AT SIDDARAMANA HUNDI VARUNA HOBLI, YADAKOLA PO MYSURU 570010. 6. N.S.KRISHNA S/O LATE SUNDERARAJA IYENGAR AGED ABOUT 70 YEARS R/AT NO.12, GROUND FLOOR SURYA APARTMENT, 19TH CROSS BANDAPPA GARDEN BEHIND MURALI THEATRE BENGALURU 560054. 7. SYEDA SHAHIDA BANU W/O LATE SYED FAIYAZ AMHED AGED ABOUT 60 YEARS R/AT NO.590, HMT LAYOUT 4TH CROSS, GANGANAGAR R.T.NAGAR BENGALURU 560032. 8. KAMALAMMA W/O LATE H C SHIVALINGAIAH AGED ABOUT 60 YEARS R/AT RAYARA DODDI, RAMANAGARA RAMANAGARA TALUK AND DISTRICT-562159. 9. NANJUNDA KUMAR D S/O LATE D DODDAIAH AGED ABOUT 50 EARS R/AT NO.4022/19, 9TH CROSS 2ND STAGE B BLOCK GAYETHRI NAGARA BENGALURU 560021 10. SALEEMA BANU W/O LATE ABDUL RAVOOF KHAN AGED ABOUT 70 YEARS - 3 - HC-KAR NC: 2025:KHC:31619 WP No. 14765 of 2024 C/W WP No. 8175 of 2025 R/AT NO.391, A CROSS, 3RD BLOCK GOVINDAPURA MAIN ROAD BENGALURU 560045. 11. ROSALINMARY W/O LATE AROKIYA RAJ AGED ABOUT 75 YEARS R/AT CHIKKAMARADI HOSUDI, SHIVAMOGGA 577222. 12. C LAKSHMI D/O LATE S CHANNIAHA AGED ABOUT 40 YEARS R/AT CHIKKABANAVARA HESARAGATTA ROAD BENGALURU 560090. 13. SYED ABDUL RAHAMA S/O LATE S A MAJEED AGED ABOUT 55 YEARS R/AT 39, SALEEM MANZILL 2ND CROSS, 1ST MAIN, 1ST STAGE RML NAGAR SHIMOGGA 577201. 14. VIJAYAKUMARI W/O L ATE K NARASIMHAMURTHY AGED ABOUT 60 YEARS R/AT 3RD CROSS, NR PURA ROAD VIDYANAGAR, BYPASS ROAD SHIVAMOGGA 577203. 15. HANUMATHAMMA S W/O LATE SANNARANGA AGED AOUT 55 YEARS R/AT 2ND CROSS, SIDDESWARANAGARA CHIKKAL, SHIVAMOGGA 577203. 16. V K VIJAYALAKSHMI D/O LATE N.S.KRISHNAMURTHY AGED ABOUT 50 YEARS R/AT NO.162, VASTALYA NILAYA SHANKARA PURAM - 4 - HC-KAR NC: 2025:KHC:31619 WP No. 14765 of 2024 C/W WP No. 8175 of 2025 MINI VIDHANA SOUDHA BEHIND HASSAN-573201. 17. K K SAROJAMMA W/O LATE GAVIRANGAPPA AGED ABOUT 60 YEARS R/AT NO.63 1ST CROSS MUNESHWAR LAYOUT ATTURU YELAHANKA BENGALURU 560064. 18. ANDAMMA W/O LATE RAMA AGED ABOUT 70 YEARS R.AT NO.9M, D DEVARAJA ARUS COLONY VISWESWARAYA NAGAR, 2ND STAGE VIDHYARANYAPURA, MYSURU 57008. 19. T RAJAKUMAR S/O LATE T B THIPPERUDRAPPA AGED ABOUT 53 YEARS R/AT NO.1029 GROUND FLOOR 8TH MAIN, 6TH CROSS GOKULAM, 3RD STAGE VTC MYSURU 57002. 20. VIJAYAKUMAR S/O LATE S SINGE GOWDA R/AT NO.927/A, 29TH CROSS 4TH MAIN, VIDYARANYAPURA MYSURU 570008. 21. S NAGARAJ S/O LATE SIDDHAIAH S AGED ABOUT 45 YEARS R/AT NO.1035/A OUT HOUSE SJH ROAD, VIDHYARANYAPURA VTC MYSURU 570008. 22. SAROJA N D/O LATE NINGAIAH AGED ABOUT 42 YEARS R/AT NO.1180/1 5TH CROSS - 5 - HC-KAR NC: 2025:KHC:31619 WP No. 14765 of 2024 C/W WP No. 8175 of 2025 SUNNEDAKERI K.R.HOHALLA MYSURU 570004. 23. SANNAMMA W/O LATE N RAJAPPA AGED ABOUT 70 YEARS R/AT DOMBARANA HALLI DANDINASHIVARA HOBLI TURUVEKERE TALUK TUMKUR DISTRICT 572220. 24. SARASWATHAMMA W/O LATE KONDAIAH AGED ABOUT 70 YEARS R/AT NO.267, BYRAVESWARA NILAYA 2ND C CROSS, NELAGARANA HALLI NAGASANDRA BENALURU 560073. 25. SUVARNA W/O LATE R BASAVACHARI AGED ABOUT 60 YEARS R/AT 22/8K, 12TH CROSS KETHUMARANAHALLI 1ST BLOCK RAJAJINAGAR BENGALURU 560010. 26. MAHADEVAMMA W/O LATE D MARIMADAIAH AGED ABOUT 67 YEARS R/AT NO.75 MANANADAVADI ROAD SRIRAMPURA POST, SHIVAPURA MYSURU 570008. 27. RAJENDRA S/O LATE JAVARAIAH AGEDA BOUT 42 YEARS R/AT NO.1973/2 11TH CROSS ASHOKAPURAM MYSURU 570008. 28. M.D.LINGAIAH S/O LATE M K DASAPPA R/AT NO.642, 4TH MAIN 5TH CROSS, MARUTHI TEMPLE ROAD - 6 - HC-KAR NC: 2025:KHC:31619 WP No. 14765 of 2024 C/W WP No. 8175 of 2025 KUVEMPU NAGAR VTC, MYSURU 570009. 29. NANJAMMA W/O LATE DASAIAH AGED ABOUT 70 YEARS R/AT NO.18/A 1ST MAIN ROAD BHUVANESHWARI NAGAR MAGADI ROAD, BENGALURU 560023. 30. M NAGARAJA W/O LATE MADAIAH AGED ABOUT 59 YEARS R/AT NO.351. 4TH MAIN 2ND CROSS BABANNA LAYOUT, MALLASANDRA BENGALURU 560058. 31. LAKKAMMA W/O LATE H CHANNAIAH AGED ABOUT 70 YEARS R/AT NO.52, SAPTHAGIRI 1ST MAIN M.S. RAMAIAH ENCLAV 8TH MILE, TUMKURU ROAD BENGALURU 560057. 32. B INDIRA BAI D/O LATE DURGA BAI AGED ABOUT 56 YEARS R/AT 184, 6TH C MAIN ROAD 15TH B CROSS, OPP. USHA PARK MAHALAKSHMIPURAM BENGALURU 560086 33. LAKSHMAMMA W/O LATE H BYLAPPA AGED ABOUT 67 YEARS R/AT NO.65, DEVAGERE COLONY KUMBALAGODU, BENGALURU 560060. 34. MAYAMMA J D/O LATE JAVARAPPA AGED ABOUT 60 YEARS R/AT A-25, 1ST CROSS, BEHIND T V TOWER VIDHYA NAGAR, SHIVAMOGGA 577203. - 7 - HC-KAR NC: 2025:KHC:31619 WP No. 14765 of 2024 C/W WP No. 8175 of 2025 35. K GAJENDRA S/O LATE KRISHNAPPA R/AT NO.124, 3RD CROSS MALLIKARJUNA NAGAR SHANTI NAGAR SHIVMOGGA 577201. 36. H N MAHESWARAPPA S/O LATE NAGENDRAPPA AGED ABOUT 61 YEARS R/AT 12TH CROSS, MATHE NAGAMMA BEEDI SHIVAMOGGA 577203. 37. VIJAYAKUMARI D/O LATE THIMMA AGED ABOUT 63 YEARS R/AT 3RD CROSS MAIN ROAD SIDDESWARA NAGAR VIDYA NAGAR, SHIVAMOGGA 577203. 38. BHAGYA D/O LATE S B MADAIAH AGED ABOUT 35 YEARS R/AT NO.309, 2ND CROSS MALLIKAYATANAHALLI MALVALLI RURAL MANDYA DISTRICT-571437. 39. GOPAL Y S/O LATE YELLAPPA AGED ABOUT 67 YEARS R/AT NO.2CN, 3/2, GANDADA GUDI MUNESHWARA KALYANA MANTAPA OPP SRIRAMPURA BENGALURU 560064. 40. KRISHNAKUMAR G V D/O LATE M D VEERAIAH AGED ABOUT 50 YEARS R/AT NO.F 7 6TH C MAIN SJH ROAD, VIDHYARANYAPURA MYSURU 570008. - 8 - HC-KAR NC: 2025:KHC:31619 WP No. 14765 of 2024 C/W WP No. 8175 of 2025 41. B KUMAR S/O LATE CHIKKABEERAIAH AGED ABOUT 55 YEARS R/AT YELIGEHUNDI VILLAGE BANDE PALYA KADALE KASAB HOBLI, HADAJANA MYSURU 571 311. 42. G BETTEGOWDA S/O LATE GOVINDA AGED ABOUT 75 YEARS R/AT BHOVI COLONY, NO.80 2ND CROSS, VIDHYA NAGAR SHIVAMOGGA 577 203. 43. RANGAMMA W/O LATE KARIYAPPA AGED ABOUT 85 YEARS R/AT NO.399-6, JYOTHI NAGAR GUBBI, TUMKUR 572216. 44. K MUNIRAJU S/O LATE P KRISHNAPPA AGED ABOUT 58 YEARS R/AT NO.8 8TH CROSS AGB 2ND STAGE, J.S.NAGAR GELEYARA BALAGA BENGALURU 560096 45. MAJID ALI KHAN S/O LATE RASHEED AHMED KHAN AGED ABOUT 47 YEARS R/AT NO.155, 5TH MAIN 2ND BLOCK, R T NAGAR BENGALURU 560032. 46. GEETHA SATISH D/O LATE M GOPALAN AGED ABOUT 54 YEARS R/AT NO.N B 803, SAPTHAGIRI SPLENDOR NO.712/28/1 80 FEET ROAD DEVARACHIKKANAHALLI BTM 4TH STAGE, BENGALURU 560076. - 9 - HC-KAR NC: 2025:KHC:31619 WP No. 14765 of 2024 C/W WP No. 8175 of 2025 47. YASHODA J G D/O LATE GOWRAPPA AGED ABOUT 57 YEARS R/AT VIRUPAKSHA NILAYA SOMAIAH LAYOUT, 1ST CROSS SHANKARAMATTA ROAD SHIVAMOGGA 577201. 48. GADRI N S/O LATE NANJUNAPPA AGED ABOUT 51 YEARS R/AT 9TH CROSS, VIDYANAGAR HUCHANGAMMA TEMPLE SHIVAMOGGA 577203. 49. J.V.NAGARATHNAMMA D/O LATE VIRUPAKSHAPPA AGED ABOUT 70 YEARS R/AT 2ND CROSS, SIDDESWARANAGAR SHIVAMOGGA 577203. …PETITIONERS (BY SRI. V S VENKATESHA GOWDA, ADVOCATE FOR SRI. HARISH N K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRY VIKAS SOUDHA, BENGALURU-560 001. 2. THE MANAGING DIRECTOR KARNATKA SOAPS & DETERGENTS LIMITED (FORERLY GOVERNMENT SOAPS AND SANDALWOOD OIL FACTORES) PB ROAD, RAJAJINAGAR BANGALORE-560 055. - 10 - HC-KAR NC: 2025:KHC:31619 WP No. 14765 of 2024 C/W WP No. 8175 of 2025 3. THE ACCOUNTANT GENERAL IN KARNATAKA PARK HOUSE BENGALURU-560 001. …RESPONDENTS (BY SRI.SIDHATH BABU RAO ., AGA FOR R1: SRI SHARANDEEP, ADVOCATE FOR R2: SRI N AMARESH, CGPC FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO SANCTION AND PAY PENSION AND PENSIONARY BENEFITS IN ACCORDANCE WITH THE KARNATAKA CIVIL SERVICE RULES FROM THE DATE OF RETIREMENT OF THE PETITIONERS AND ALSO AS PER REVISED PAY RULES FROM TIME TO TIME AND ETC. IN WP NO. 8175/2025 BETWEEN: 1. CHANNAPPA L S/O LATE LAKKANNA AGED ABOUT 63 YEARS R/AT NO. 5TH CROSS SUBHAS NAGAR, VIDYANAGARA SHIVMOGA-577203. 2. KARLINA DISILVA, W/O LATE MINGELI DISILVA AGED ABOUT 86 YEARS R/AT NO.125/1, 4TH CROSS HOLEHONNUR ROAD, CHIKKAL SHIVMOGA, SHIVMOGA DISTRICT-577203. 3. UMAVATHI, W/O LATE SIDDALINGA ARADYA R AGED ABOUT 62 YEARS R/AT DONAGHA GATTA ROAD OLD KAVALU GUNDI, BHADRAVATHI SHIVMOGA-577301. 4. C CHANNAKESHAVA S/O LATE M CHANNAIAH - 11 - HC-KAR NC: 2025:KHC:31619 WP No. 14765 of 2024 C/W WP No. 8175 of 2025 AGED ABOUT 57 YEARS R/AT SANNA THANDA NEAR FARAM, HOLEBENAVALLI SHIVMOGA-577222. 5. GULZAR BEGUM W/O LATE MENON SHARIFF AGED ABOUT 63 YEARS R/AT NO.16, WARD NO.58 MS BUILDING, THILAKA NAGARA JAYANAGARA, BENGALURU-560041. 6. B A VINAYAKA, S/O LATE B N ANNAPPA AGED ABOUT 60 YEARS R/AT MIG-69, SREE SHAKTHI NILAYA 60 FEET ROAD, VINBANAGARA KALLAHALLI HUDCO, NAVILE PO SHIVMOGA-577203. 7. KHURSHID UNNISA D/O LATE PEER SAB AGED ABOUT 60 YEARS R/AT NO.110-1, 5TH CROSS CHIKKAL, SIDDESWARA NAGARA VIDYANAGARA, SHIVMOGA-577203. 8. H S RANGANATH S/O LATE SUBBARAO AGED ABOUT 80 YEARS R/AT 1ST CROSS, URGADURA SULEBAILU, SHIVMOGA-577203. 9. GHANASHYAM KRISHNA SAIL S/O LATE KRISHNA R SAIL AGED ABOUT 45 YEARS R/AT NO.133, BHATABAG GANVAGERI (RIGHT SIDE) MAJALI, KARWAR-581345. 10. HARISHAN N S/O LATE V RUKMINIYAMMA AGED ABOUT 61 YEARS - 12 - HC-KAR NC: 2025:KHC:31619 WP No. 14765 of 2024 C/W WP No. 8175 of 2025 R/AT NO.22, OMKARA BUILDING 2ND FLOOR, 6TH CROSS BASAVASAMITHI LAYOUT NANJAPPA CIRCLE, VIDYARANYAPURA BENGALURU-560097. ...PETITIONERS (BY SRI. V S VENKATESHA GOWDA, ADVOCATE FOR SRI. HARISH N K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF COMMERCE & INDUSTRY VIKAS SOUDHA, BENGALURU 560 001. 2. THE MANAGING DIRECTOR KARNATAKA SOAPS & DETERGENTS LIMITED (FORMERLY GOVERNMENT SOAPS AND SANDALWOOD OIL FACTORIES) PB ROAD RAJAJINAGAR, BANGALORE - 560 055. 3. THE ACCOUNTANT GENERAL IN KARNATAKA PARK HOUSE, BENGALURU - 560 001 ...RESPONDENTS (BY SRI.SIDHARTHA BABURAO, AGA FOR R1: SRI SHARANDEEP, ADVOCATE FOR R2: SRI AMARESH N CGPC FOR R3.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO SANCTION AND PAY PENSION AND PENSIONARY BENEFITS IN ACCORDANCE WITH THE KARNATAKA CIVIL SERVICE RULES FROM THE DATE OF RETIREMENT OF THE PETITIONERS AND ALSO AS PER REVISED PAY RULES FROM TIME TO TIME AND ETC. THESE PETITIONS, 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 - 13 - HC-KAR NC: 2025:KHC:31619 WP No. 14765 of 2024 C/W WP No. 8175 of 2025 ORAL ORDER These writ petitions are filed under Articles 226 & 227 of the Constitution of India. W.P.No.14765/2024 is filed seeking the following reliefs: a) Issue a writ of mandamus or any other appropriate writ or order directing the respondents to sanction and pay pension and pensionary benefits in accordance with the Karnataka Civil Service Rules from the date of retirement of the petitioners and also as per revised Pay Rules from time to time. b) Direct the respondents to apply the decision of this Hon’ble Court passed in W.P.No.21581/2009 and connected cases dated 07.08.2009 as per Annexure-F and the order dated 12.09.2012 passed in W.P.Nos.36021-36114/2012 at Annexure-G and further the order dated 27.03.2015 in W.P.Nos. 48089-48247/2014 and by the order dated 20.04.2021 in W.P.No.2687/2021 at Annexures L and M and consider the cases of the petitioners accordingly. c) Issue a writ of mandamus directing the respondents to consider the claim of the petitioners for pension and pensionary benefits as per the Government Order dated 20.08.2013 at Annexure- - 14 - HC-KAR NC: 2025:KHC:31619 WP No. 14765 of 2024 C/W WP No. 8175 of 2025 H, Annexure N1 dated 18.07.2018 and Annexure N2 dated 18.11.2021. d) As a consequence of sanctioning and fixing the pension of the petitioners from the date of retirement further direct the respondents to pay arrears of pension to the petitioners together with interest at 9% per annum from the date of expiry of three months from respective date of retirement to date of payment, or e) In the alternative, direct the respondents to consider the representations of the petitioners at Annexure Q1 to Q4 dated 11.10.2023, 05.02.2024, 15.02.2024 and 22.04.2024 and Anneuxres R1 to R4 dated 06.10.2023, 05.02.2024, 15.02.2024 and 22.04.2024 for grant of pension, pensionary benefits and arrears thereof, in terms of direction by this Hon’ble Court and that of Karnataka Administrative Tribunal.” W.P.No.8175/2025 is filed seeking the following reliefs: a) Issue a writ of mandamus or any other appropriate writ or order directing the respondents to sanction and pay pension and pensionary benefits in accordance with the Karnataka Civil Service Rules from the date of retirement of the petitioners and also as per revised Pay Rules from time to time. - 15 - HC-KAR NC: 2025:KHC:31619 WP No. 14765 of 2024 C/W WP No. 8175 of 2025 b) Direct the respondents to apply the decision of this Hon’ble Court passed in W.P.No.21581/2009 and connected cases dated 07.08.2009 as per Annexure-F and the order dated 12.09.2012 passed in W.P.Nos.36021-36114/2012 at Annexure-G and further the order dated 27.03.2015 in W.P.Nos. 48089-48247/2014 and by the order dated 20.04.2021 in W.P.No.2687/2021 at Annexures L and M and consider the cases of the petitioners accordingly. c) Issue a writ of mandamus directing the respondents to consider the claim of the petitioners for pension and pensionary benefits as per the Government Order dated 20.08.2013 at Annexure-H, Annexure N1 dated 18.07.2018 and Annexure N2 dated 18.11.2021. d) As a consequence of sanctioning and fixing the pension of the petitioners from the date of retirement further direct the respondents to pay arrears of pension to the petitioners together with interest at 9% per annum from the date of expiry of three months from respective date of retirement to date of payment, or e) In the alternative, direct the respondents to consider the representations of the petitioners at Annexures Q1 to Q3 and R1 to R3 dated 15.11.2024, 29.11.2024, 18.12.2024, 02.02.2025 and 03.02.2025 for grant of - 16 - HC-KAR NC: 2025:KHC:31619 WP No. 14765 of 2024 C/W WP No. 8175 of 2025 pension, pensionary benefits and arrears thereof, in terms of direction of this Hon’ble Court and that of Karnataka Administrative Tribunal.” 2. Petitioner Nos. 1 to 6 in W.P.No.14765/2024 are the surviving employees, who were appointed in respondent No.2 Karnataka Soaps and Detergents Limited (formerly Government Soap Factory and Government Sandalwood oil Factory). Petitioner Nos. 7 to 49 and the petitioners in W.P.No.8175/2025 are the legal representatives of the employees. Later, the same has been called as a Company in the name of Karnataka Soaps and Detergents Limited. Petitioner Nos. 1 to 6 have attained the superannuation. The other petitioners whose legal representatives have filed these petitions also attained the superannuation and later they died. They all have submitted representations vide Q series and R series, for payment of retirement benefits. Since the representations are not considered, the petitioners are before this Court. 3. The learned Additional Government Advocate and the learned counsel for respondent No.2 submitted that the - 17 - HC-KAR NC: 2025:KHC:31619 WP No. 14765 of 2024 C/W WP No. 8175 of 2025 representations submitted by the petitioners will be considered in terms of the Government Order dated 18.07.2018, if this Court grants some reasonable time. 4. In view of the above, without expressing any opinion on the merits of the case, these writ petitions are disposed of. The respondents are directed to consider the representations submitted by the petitioners vide Annexures-Q series and R series, in accordance with law, as expeditiously as possible, not later than three months from the date of receipt of certified copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 33