- 1 - HC-KAR NC: 2025:KHC:42061 WP No. 16812 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 16812 OF 2025 (S-RES) BETWEEN: SRI H T MOHAN DAS AGE 63 YEARS, S/O. SRI H.C. THAMMAIAH, RETIRED EXECUTIVE ENGINEER, BRUHAT BENGALURU MAHANAGAR PHALIKE, R/A. NO. 52, 3RD CROSS ROAD, SATHYANARAYANA LAYOUT, BASAVESWARANAGAR, BENGALURU-560079 …PETITIONER (BY SRI. MANU VENKATA REDDY, ADVOCATE FOR SRI. VIJAYA SIMHA REDDY D V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS ADDITIONAL CHIEF SECRETARY, Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42061 WP No. 16812 of 2025 DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, BANGALORE-560001. 2. THE CHIEF COMMISSIONER, BRUHAT BANGALORE MAHANAGARA PALIKE, HUDSON CIRCLE, BENGALURU-560001. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 SRI. M.A. SUBRAMANI, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO-DIRECT THE 1ST AND 2ND RESPONDENTS TO RELEASE ALL SERVICE AND MONETARY BENEFITS INCLUDING REGULAR PROMOTION TO THE CADRE OF EXECUTIVE ENGINEER WHICH HAS BEEN HELD UP BECAUSE OF THE JOINT ENQUIRY CONDUCTED IN PURSUANCE TO THE GOVERNMENT ORDER DATED 05.09.2008 VIDE ANNEXURE-A AND TO RE-FIX THE PAY OF THE PETITIONER AFTER SUCH REGULAR PROMOTION RETROSPECTIVELY AND PAY ARREARS OF SALARY ON SUCH RE-FIXATION OF PAY AND ALLOWANCES AND CONSEQUENTLY RELEASE ALL PENSIONARY BENEFITS DUE TO HIM ON HIS RETIREMENT ON 30.04.2022 WITH ADMISSIBLE INTEREST AT THE RATE OF 12 PERCENT WITH EFFECT FROM 30.04.2022 TILL SUCH PAYMENTS TO THE PETITIONER AND RELEASE ALL OTHER CONSEQUENTIAL BENEFITS ARISING THERETO BY - 3 - HC-KAR NC: 2025:KHC:42061 WP No. 16812 of 2025 CONSIDERING THE REPRESENTATION DATED 10.02.2025 VIDE ANNEXURE-C. 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 for the writ of mandamus, directing respondents No.1 and 2 to consider the representation dated 10.02.2025 vide Annexure-E. 2. Brief facts leading rise to the filing of this petition are as follows: 2.1. The petitioner retired from service on 30.04.2022 on attaining the age of superannuation. In respect of some charges against the petitioner and others, a joint disciplinary enquiry was conducted and finally, a penalty order was passed against the petitioner vide order dated 02.11.2018. The petitioner, aggrieved by the order - 4 - HC-KAR NC: 2025:KHC:42061 WP No. 16812 of 2025 of penalty, preferred a writ petition in WP No.15287/2020 before this Court. This Court, vide order dated 05.03.2022, set aside the aforesaid penalty order and ordered that the petitioner is entitled to all the consequential benefits including promotion, if it was withheld either during the course of enquiry or after the penalty order passed by the State Government. The petitioner submitted a representation to the respondents enclosing the copy of the aforesaid order passed by this Court in the aforesaid writ petition. The respondents have not passed any order on the said representation. Hence, this writ petition. 3. Heard the arguments of learned counsel for the petitioner, learned Additional Government Advocate for respondent No.1 and learned counsel for respondent No.2. 4. Learned counsel for the petitioner submits that, the petitioner has challenged the order of penalty dated 02.11.2018 in a writ petition the said order of penalty was - 5 - HC-KAR NC: 2025:KHC:42061 WP No. 16812 of 2025 set aside and this Court held that the petitioner is entitled to all the consequential benefits including promotion. After the disposal of the said writ petition, the petitioner submitted the representation on 10.02.2025 vide Annexure-E. He submits that, the respondents have not passed any order on the said representation. Hence, he prays to allow the writ petition with a direction to the respondents to consider the representation vide Annexure-E and pass an appropriate order in accordance with law, within time bound. 5. Per contra, learned Additional Government Advocate and learned counsel for respondent No.2 submit that, if reasonable time is granted, the respondents would consider the representation vide Annexure-E and pass appropriate order in accordance with law. 6. Perused the records and considered the submissions of the learned counsel for the parties. - 6 - HC-KAR NC: 2025:KHC:42061 WP No. 16812 of 2025 7. There is no dispute that the disciplinary proceedings were initiated against the petitioner and the order of punishment was passed by respondent No.1. The order of punishment was quashed by this Court in WP No.15287/2020 and held that the petitioner is entitled for all consequential benefits including the promotion. After the disposal of the said writ petition, the petitioner submitted a representation to the respondents requesting to grant all consequential benefits including the promotion and arrears of salary, etc. The respondents, despite receipt of representation vide Annexure-E, have not passed any order on the said representation. Learned counsel for the respondents submit that, the respondents would consider the representation vide Annexure-E and pass an appropriate order in accordance with law. 8. In view of the submission made by the learned counsel for the respondents, I proceed to pass the following: - 7 - HC-KAR NC: 2025:KHC:42061 WP No. 16812 of 2025 ORDER i. The writ petition is allowed-in-part; ii. The respondents are directed to consider the representation vide Annexure-E and pass an appropriate order in accordance with law within 6 weeks from the date of receipt of a copy of this order. Sd/- (ASHOK S.KINAGI) JUDGE PA CT:KHV List No.: 1 Sl No.: 49