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2025 DAILYLAW 79314 (KAR)

KARNATAKA HANDLOOM DEVELOPMENT CORPORATION v. THE STATE OF KARNATAKA

WP/12941/2022 · 2025-07-31

H T Narendra Prasad

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29534 WP No. 12941 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 12941 OF 2022 (S-RES) BETWEEN: 1. KARNATAKA HANDLOOM DEVELOPMENT CORPORATION RETIRED EMPLOYEES WELFARE ASSOCIATION (R) NO 111 3RD E CROSS NETHAJINAGAR NEAR JALAHALLI CROSS BENGALURU - 560057 REPT BY ITS JOINT SECRETARY B S GURUSWAMY S/O SHIVABASAPPA AGED ABOUT 66 YEARS. 2. SRI K NAGARAJAIAH S/O KEMPANNA AGED ABOUT 62 YEARS R/AT GOPASANDRA TEKAL POST MALUR TALUK KOLAR DISTRICT - 563137. 3. CHANDRASHEKAR S/O LATE G GANGAIAH AGED ABOUT 68 YEARS R/AT NO 15/1 7TH CROSS MAGADI ROAD, BENGALURU - 560023. 4. H MUNIRUDRAPPA S/O LATE HUCHCHVEERAPPA AGED ABOUT 68 YEARS R/AT NO 260 MAIN Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29534 WP No. 12941 of 2022 BASAVAESHWARANAGAR LAGGERE BANGALORE – 560058. 5. N AMARESHA S/O NAGARAJA SHETTY AGED ABOUT 62 YEARS R/AT NO 134, 1 E CROSS KALIKAMBANILAYA RAMAIAH EXTENSION PEENYA2ND STAGE BENGALURU -560058. 6. MAHALINGEGOWDA S/O LATE SANNE GOWDA AGED ABOUT 65 YEARS R/AT NO 72, 3RD CROSS 5TH MAIN, SHAKAMBARINAGARA NEAR G K W LAYOUT PEENYA 2ND STAGE BENGALURU - 560058. 7. R VENKATAPPA S/O RAMAIAH AGED ABOUT 65 YEARS R/AT NO 131/1 SARIGE GOLD AND SILVER ROAD GANGAMMA TEMPLE SARJAPURA ANEKAL TALUK BENGALURU - 561125. 8. M R NADAF S/O LATE RAJASAB AGED ABOUT 65 YEARS R/AT KUSUGALLA (KILLE POST) HUBLI DHARWAD – 580023. 9. C K KULKARNI S/O KRISHNA RAO AGED ABOUT 64 YEARS R/AT NO 397, HOODA PLOT VANASIRINAGAR TADASANAKOPPA ROAD - 3 - HC-KAR NC: 2025:KHC:29534 WP No. 12941 of 2022 NEAR UDAYAGIRI SATTUR DHARWAD- 580009. 10. V G MADANABHAVI S/O GURUPADAPPA AGED ABOUT 61 YEARS R/AT NAGARBHAVI 1ST CROSS 2ND MAIN BHEERESHWARANAGAR RANEBENNUR HAVERI - 581115. 11. N M HEBBALLI S/O MAHADEVAPPA AGED ABOUT 66 YEARS R/AT MRUTHYUNJAYANAGARA RANEBENNUR HAVERI - 581115. 12. V N SURENDRA S/O V NARAYANAPPA AGED ABOUT 61 YEARS R/AT 1ST CROSS PAMPANAGAR HAMPIKATTE RANEBENNUR HAVERI - 581115. 13. K R DANDARAGI S/O RAYAPPA AGED ABOUT 64 YEARS R/AT SADASHIVANAGARA BANAHATTI RABAKAVI TALUK BAGALKOTE DISTRICT - 587311 ...PETITIONERS (BY SRI. SUNDARESH H C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT VIKAS SOUDHA, BENGALURU - 560001. 2. THE MANAGING DIRECTOR KARNATAKA HANDLOOM DEVELOPMENT - 4 - HC-KAR NC: 2025:KHC:29534 WP No. 12941 of 2022 CORPORATION LTD HEAD OFFICE PRIYA DARSHINI NEKARA COLONY VIDYANAGAR, HUBBALLI - 580031 ...RESPONDENTS (BY SRI.B J ESWARAPPA, AGA FOR R1: SRI NAGARAJ D., ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE OFFICIAL ORDER BEARING NO.KHDC/DPA/HO/2019- 20/2429, DATED: 14.01.2020 ISSUED BY THE RESPONDENT AS PER ANNEXURE-M 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 1. In this writ petition, the petitioner has sought for the following relief/s: “a) Issue writ in the nature of certiorari to set aside the official order bearing No.KHDC/DPA/HO/2019- 20/2429, dated: 14-01-2020 issued by the Respondent as per ANNEXURE-M. b) Issue writ in the nature of mandamus directing the respondent to consider the representation filed by the petitioners as per ANNEURE-G, G1 to G11 for restore the two weightage increment w.e.f 01-04- 2009 granted to the Petitioners as per the order - 5 - HC-KAR NC: 2025:KHC:29534 WP No. 12941 of 2022 dated:09-07-2013 as per ANNEXURE-D and to pay all consequential benefits. c) Pass such other order or direction as this Hon'ble Court deems fit on the fact and circumstances of the case in the interest of justice and equity.” 2. In view of the order passed in W.P.No.767/2021, the above writ petition requires to be partly allowed and the impugned order passed by the respondent-Corporation is liable to be quashed. Therefore, following order is passed: ORDER a) The writ petition is allowed in part in terms of order passed in W.P.No.767/2021. b) The impugned order dated 14.01.2020 issued by the respondent vide Annexure-M is quashed. c) The respondent-Corporation is directed to reconsider the matter afresh, in accordance with law, after giving notice to the petitioner. - 6 - HC-KAR NC: 2025:KHC:29534 WP No. 12941 of 2022 d) The petitioner is at liberty to file objection along with all relevant records in response to the notice. e) The respondent-Corporation is directed to consider the objection to be submitted by the petitioner and to pass an appropriate order in accordance with law and the respondent is further directed to complete this process within a period of six months from the date of receipt of the certified copy of this order. In view of dismissal of petition, all pending I.As., if any, are disposed of accordingly. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 0