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2025 DAILYLAW 81491 (KAR)

SRI BASAVARAJ K HALCHER v. THE STATE OF KARNATAKA

WP/18895/2025 · 2025-07-10

H T Narendra Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:25346 WP No. 18895 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 18895 OF 2025 (S-RES) BETWEEN: SRI BASAVARAJ K HALCHER S/O. KARBASAPPA AGED ABOUT 57 YEARS R/AT GADIKESHWARA CHINCHOLI TALUK KALABURAGI DISTRICT-585324. PRESENTLY WORKING AS EXECUTIVE ENGINEER PANCHAYATH RAJ ENGINEERING DIVISION BENGALURU. – 560010. …PETITIONER (BY SRI. M R RAJAGOPAL, SENIOR ADVOCATE FOR SRI. NARASIMHARAJU., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ VIDHANA SOUDHA BANGALORE 560 001. 2. THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT (PWD) K.R. CIRCLE, BANGALORE.-560001 …RESPONDENTS (BY SRI.VIKAS ROJIPURA, AGA FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25346 WP No. 18895 of 2025 DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED: 27.03.2002 FOR DETERMINATION OF AGE OF THE PETITIONER UNDER THE PROVISIONS OF KARNATAKA STATE SERVANTS (DETERMINATION OF AGE) ACT, 1974 AND 27.05.2025 AS PER ANNEXURE-A AND B 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 This writ petition is filed under Articles 226 & 227 of the Constitution of India, seeking the following relief: “ Issue a writ of mandamus directing the respondents to consider the representation dated 27.03.2002 for determination of age of the petitioner under the provisions of Karnataka State Civil Services (Determination of Age) Act, 1974 and 27.05.2025 as per Annexures A and B.” 2. The case of the petitioner is that the petitioner was appointed as a Junior Engineer on daily wage basis, in the Department of Panchayath Raj, Zilla Panchayath Sub- Division, Chincholi, Kalaburagi District. Subsequently, his service was regularized by the Government Order dated 01.11.2002. The actual date of birth of the petitioner is - 3 - HC-KAR NC: 2025:KHC:25346 WP No. 18895 of 2025 15.10.1967, at the time of joining the school, it has been wrongly mentioned as 01.08.1965. After noticing the correct date of birth, the petitioner submitted representation to the second respondent on 27.03.2002 for correction of date of birth under the Karnataka State Civil Services (Determination of Age) Act, 1974. The said representation is produced as Annexure-A. Since the same was not considered, the petitioner filed another representation dated 27.05.2025 vide Annexure-B. As the same also was not considered, the petitioner is before this Court. 3. The representation submitted by the petitioner dated 27.03.2002 is produced as Annexure-A. So far, no order has been passed on the said representation. Under the circumstances, it is suffice for this Court to direct the second respondent to consider the representation submitted by the petitioner on 27.03.2002, in accordance with law, as expeditiously as possible, not later than six weeks from the date of receipt of a copy of this order. - 4 - HC-KAR NC: 2025:KHC:25346 WP No. 18895 of 2025 4. With the above observations, the writ petition stands disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 72