- 1 - HC-KAR NC: 2025:KHC:29534 WP No. 767 of 2021 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. 767 OF 2021 (S-RES) BETWEEN: SRI L H BASAVALINGA MURTHY S/O LATE L H VEERABASAPPA AGED ABOUT 60 YEARS R/AT NO.38, 4TH CROSS SHIVANNA LAYOUT H V HALLI, R.R. NAGAR BENGALURU - 560 098 …PETITIONER (BY SRI. SUNDARESH H C., ADVOCATE) AND: THE MANAGING DIRECTOR KARNATAKA HANDLOOM DEVELOPMENT CORPORATION LTD., REGIONAL OFFICE NO.1, TANK BUND ROAD HALASOOR, BENGALURU - 560 042 …RESPONDENT (BY SRI. D NAGARAJ., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 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-N AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29534 WP No. 767 of 2021 `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 dated: 14-01-2020 issued by the Respondent as per ANNEXURE-N. b) Issue writ in the nature of mandamus directing the respondent to restore the two weightage increments w.e.f. 01-04-2009 granted to the petitioner as per the order 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. The case of the petitioner is that he was initially appointed as a casual labourer on a temporary basis with - 3 - HC-KAR NC: 2025:KHC:29534 WP No. 767 of 2021 the respondent-Corporation. After three years, he was regularized and confirmed as a Helper on 13.03.1984. Pursuant to a Memorandum of Settlement between the Corporation and employees union, the petitioner was reclassified as an Assistant Printer with a pay scale of Rs.960-1760 with effect from 01.10.1987. Later, the Corporation granted two weightage increments to the employees of the Priyadarshini Processing Unit, effective from 01.04.2009 with a pay scale of Rs.960-1760 and on the same day, the respondent has granted two weightage increments to the employees with a pay scale of Rs.1190- 2200. Thereafter, the respondent by order dated 09.07.2013, extended the said benefit to the petitioner. Subsequently, the respondent, by order dated 23.11.2013, kept in abeyance the two weightage increments granted to the petitioner on 09.07.2013. The petitioners, who are similarly situated, in W.P.No.8013/2020 approached this Court by filing the writ petition in W.P.Nos.44203-44205/2018 challenging the - 4 - HC-KAR NC: 2025:KHC:29534 WP No. 767 of 2021 order dated 23.11.2013 passed by the respondent- Corporation. This Court by order dated 19.07.2019 directed the respondent to consider the representation submitted by the petitioners therein. The operative portion of the order is extracted as follows: “The respondent is hereby directed to take a decision 'pursuant to the orders dated 9.7.2013 and 2.8.2013. The respondent is herby directed to take note of the petitioners' representation since juniors to the petitioners have been extended the identical benefits. The said process shall be completed within a period of two months from the date of receipt of this order. 2 Communicate the decision to the petitioner. Accordingly, writ petitions stand disposed of.” Thereafter, the respondent-Corporation issued the impugned endorsement dated 14.01.2020, vide Annexure- N, whereby the order dated 23.11.2013, which had kept in abeyance the two weightage increments granted to the - 5 - HC-KAR NC: 2025:KHC:29534 WP No. 767 of 2021 petitioner, were cancelled. Furthermore, the orders dated 30.11.2009 and 09.07.2013, granting two weightage increments to some of the employees, were withdrawn. Being aggrieved by the same, the present petition has been filed. 3. Learned counsel appearing for the petitioner has submitted that the two weightage increments granted have been withdrawn only in respect of the petitioner, while for other employees, the weightage increments have continued. This action of the respondent amounts to a discrimination. He further submitted that, before passing the impugned order, no opportunity was given to the petitioner. Therefore, he sought for allowing the writ petition. 4. Per contra, learned counsel appearing for the respondent-Corporation has submitted that earlier, the Corporation has granted two weightage increments to some of the employees and the same were not granted to some of the employees. To maintain parity, in respect of - 6 - HC-KAR NC: 2025:KHC:29534 WP No. 767 of 2021 the petitioner also, two weightage increments have been granted by order dated 09.07.2013. After that, the Board has taken a decision that if these increments are granted to all the employees, it is difficult for the Board to make financial adjustment. Therefore, the impugned order has been passed to withdraw the benefit given to all the employees. 5. Heard the learned counsel for the parties. Perused the writ petition papers. 6. It is not in dispute that the petitioner was an employee of respondent-Corporation. It is also not in dispute that the petitioner has retired from the service. The Corporation by different orders dated 30.11.2009, 19.04.2010, 03.05.2010, 24.02.2012 and 09.07.2013, has granted two weightage increments to different employees on the basis of their pay scale. By the impugned order vide Annexure-N dated 14.01.2020, the two weightage increments granted to the employees by orders dated 09.07.2013 and 30.11.2009 have been withdrawn. - 7 - HC-KAR NC: 2025:KHC:29534 WP No. 767 of 2021 However, in respect of the employees, who were granted two weightage increments as per the order dated 30.11.2009, and other employees, the benefit granted to them has not been withdrawn. This action of the respondent amounts to discrimination and it violates the right guaranteed to the petitioner as per Article 14 of the Constitution of India. Even before withdrawing the two weightage increments granted to the petitioner by order dated 09.07.2013, no notice has been given to the petitioner. On this short ground, the writ petition has to be allowed and the matter requires to be remitted back to the respondent to reconsider the issue afresh, in accordance with law. 7. Hence the following order: a) The writ petition is allowed-in-part. b) The impugned order dated 14.01.2020 issued by the respondent vide Annexure-N, is hereby quashed. - 8 - HC-KAR NC: 2025:KHC:29534 WP No. 767 of 2021 c) The respondent-Corporation is directed to reconsider the matter afresh, in accordance with law, after giving notice to the petitioner. 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.: 33