- 1 - HC-KAR NC: 2025:KHC:29417 WP No. 26413 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR.JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.26413 OF 2023 (S-KSRTC) BETWEEN: SRI.R.M.VENKATAPPA S/O LATE MUNIYAPPA AGED ABOUT 51 YEARS TRAFFIC CONTROLLER DEPOT NO.16, BMTC WEST ZONE, BENGALURU -560 026. …PETITIONER (BY SRI.MUKKANNAPPA S B.,ADVOCATE) AND: 1. THE MANAGING DIRECTOR BMTC, CENTRAL OFFICES, K.H.ROAD, SHANTHINAGARA, BENGALURU -560 027 2. THE DIVISIONAL CONTROLLER BMTC, WEST ZONE, BENGALURU -560 026 3. THE DEPOT MANAGER DEPOT NO.16, BMTC WEST ZONE, BENGALURU -560 026 …RESPONDENTS (BY SMT.RENUKA H R.,ADVOCATE FOR R-1 TO R-3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED REVISED FIXATION SHEET / DEO ORDER BEARING Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29417 WP No. 26413 of 2023 NO. NIL DATED 04/2023 ISSUED BY THE R2 AT ANNEXURE-F AND ALSO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGEND ENDORSEMENT DATED 20.10.2023 ISSUED BY RESPONDENT NO.3 VIDE ANNEXURE-H AND ALSO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO RECONSDIER THE CLAIM OF THE PETITONER BY RE-FIXING HIS BASIC PAY AT RS.32,390/- W.E.F. 21.1.2023 AND TO GRANT ALL OTHER MONETARY BENEFITS ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Petitioner is an employee of the respondent - BMTC and presently working as Traffic Controller in Depot No.16 of West Zone, Bengaluru. Petitioner was getting basic pay of Rs.20,130/- as on March 2023. This being the state of affairs, 1st respondent issued a Circular No.16/2023 dated 28.3.2023 vide Annexure-B revising the basic pay of the employees w.e.f. 1.1.2020. That in the month of April- - 3 - HC-KAR NC: 2025:KHC:29417 WP No. 26413 of 2023 2023, the basic pay of the petitioner was fixed at Rs.31,360/- in the revised pay scale. 2. It is the contention of the petitioner that the revised pay fixation done w.e.f. 1.1.2020 is defective in nature and the same is not in accordance with the Circular at Annexure-B and the revised basic pay ought to have been fixed at Rs.32,390/- as against Rs.31,360/-. Therefore, petitioner made an application/representation dated 18.7.2023 to the 3rd respondent to re-fix his basic pay at Rs.32,390/- as against Rs.31,360/-. In view of rejection of the representation of the petitioner by the 3rd respondent by an Endorsement dated 20.10.2023, the petitioner is before this Court. 3. It is the contention of learned counsel for the petitioner that the 2nd respondent has committed an error in re-fixing the basic pay of the petitioner and it has not been properly done. It is further contention of learned counsel for petitioner that the petitioner was promoted as Traffic Controller on 12.2.2022. Therefore, it is contended - 4 - HC-KAR NC: 2025:KHC:29417 WP No. 26413 of 2023 that the impugned revised fixation sheet re-fixing the pay of the petitioner at Rs.31,360/- vide Annexure-F issued by the Respondent No.2 and the Endorsement issued at Annexure-H by Respondent No.3 rejecting the claim of petitioner, are not in conformity with the Circular issued by the respondent - BMTC at Annexure-B. Hence, he seeks to quash the said revised fixation sheet vide Annexure-F and the Endorsement at Annexure-H and consequently issue a writ of mandamus for a direction to respondents to reconsider the claim of petitioner to re-fix the basic pay at Rs.32,390/- and to grant all other monetary benefits. 4. Per contra, learned counsel representing the respondent sustains the impugned Endorsement and contends that there is no flaw or error or illegality in Annexures - 'F' and 'H' issued by the respondents. It is further contended by learned counsel that the Circular issued at Annexure-B is binding and the impugned - 5 - HC-KAR NC: 2025:KHC:29417 WP No. 26413 of 2023 Endorsement at Annexure-H does not call for interference at the hands of this Court. 5. I have heard learned counsel for the petitioner and learned counsel for respondents. 6. The fact of employment of the petitioner with the respondent is not in dispute and promotion of the petitioner as Traffic Controller is also not in dispute. It is also not in dispute that the respondent - BMTC has revised the basic pay of its employees w.e.f. 1.1.2020. The Circular issued at Annexure-B for re-fixing the basic pay of the employees of the respondent - BMTC is not questioned and not in dispute. Under the circumstances, the respondent ought to have considered the representation of the petitioner rather than rejecting the representation by issuance of the Endorsement at Annexure-H, that too without providing the details and break up of re-fixation of pay. Therefore, the respondents would have to give proper details of re-fixation of the pay to the petitioner in view of the Circular dated 28.8.2023 at Annexure-B. I am - 6 - HC-KAR NC: 2025:KHC:29417 WP No. 26413 of 2023 in agreement with the argument of learned counsel for the petitioner that the revised re-fixation order sheet vide Annexure-F and Endorsement issued at Annexure-H, are not satisfactory and the same will have to be quashed and accordingly they are quashed. Hence, I pass the following: O R D E R 1. Writ Petition is allowed. 2. The impugned revised fixation sheet issued by Respondent No.2 vide Annexure-F as well as Endorsement dated 20th October 2023 issued by the 3rd respondent vide Annexure - 'H' are hereby quashed. 3. Consequently, a writ of mandamus is issued directing the Respondent No.2 to reconsider the claim of the petitioner for re-fixing his basic pay and grant of monetary benefits and pass fresh orders in accordance with law within a period of three months from the date of receipt of copy of this order. - 7 - HC-KAR NC: 2025:KHC:29417 WP No. 26413 of 2023 4. It is needless to mention that the respondents shall consider the claim of the petitioner on the basis of the Circular No.16/2023 dated 28.3.2023 vide Annexure - 'B'. Further, the respondents shall provide pay fixation and all other necessary details to the petitioner while considering the claim of the petitioner and pass necessary orders, in accordance with law. Sd/- (PRADEEP SINGH YERUR) JUDGE GSS List No.: 1 Sl No.: 40