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2025 DAILYLAW 82176 (KAR)

SRI.R.T SRINIVASA v. THE MANAGING DIRECTOR

WP/12605/2025 · 2025-11-28

Ashok S Kinagi

Transfer Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:49619 WP No. 12605 of 2025 C/W WP No. 12580 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 12605 OF 2025 (S-RES) C/W WRIT PETITION NO. 12580 OF 2025 (S-RES) IN WP No. 12605/2025 BETWEEN: 1. SRI.R.T SRINIVASA SS/O BHAVI THIMMANNA AGED ABOUT 70 YEARS R/A LAKSHMI NIVASA,SIT 16TH CROSS GANGOTHRI NAGAR TUMKUR 572102 2. SRI N VASANTH KUMAR S/O K NARASIMHAIAH AGED 61 YEARS RETIRED JE (ELE) R/A BELAKU I STAGE 5TH CROS, VINOBHANAGAR SHIVAMOGGA 577204 Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49619 WP No. 12605 of 2025 C/W WP No. 12580 of 2025 3. SRI T A JAGADEESHAIAH S/O HALAPPA AGED ABOUT 62 YEARS RETIRED AO R/ANO. 560 SRI SIDDALINGESHWARA KRUPA 8TH CROSS, SIT EXTENSION SHIVAKUMARASWAMY LAYOUT TUMKUR 572102 4. SRI G SRINIVASAIAH S/O GANGAIAH AGED ABOUT 68 YEARS RETIRED EE R/A MATHAPITHRU KRUPA 10TH CROS, TPK ROAD SAPTHAGIRI EXTENSION TUMKUR 572102 …PETITIONERS (BY SRI. SRINIVASA K., ADV.) AND: 1. THE MANAGING DIRECTOR KPTCL, CORPORATE OFFICE CAUVERY BHAVANA BANGALORE 560 009 - 3 - HC-KAR NC: 2025:KHC:49619 WP No. 12605 of 2025 C/W WP No. 12580 of 2025 2. THE DIRECTOR (A AND HR) KPTCL CORPORATE OFFICE CAUVERY BHAVANA BANGALORE 560 009 …RESPONDENTS (BY SRI. A. CHANDRACHUD, ADV.) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS OF THE PETITIONERS DATED 06.12.2024, 01.04.2025, 29.05.2024 AND 13.07.2023 RESPECTIVELY ADDRESSED TO THE 2ND RESPONDENT VIDE ANNEXURES-E TO E3 AND TO GRANT ONE ANNUAL INCREMENT FOR THE LAST YEAR OF SERVICE RENDERED BY THEM, AND TO PROPERLY FIX THEIR BASIC PAY AND TO PAY ALL THE CONSEQUENTIAL DIFFERENCE AND ARREARS OF MONETARY/ RETIREMENT BENEFITS LIKE DIFFERENCE OF PAY, PENSION, COMMUTATION, DCRG AND EARNED LEAVE ENCASHMENT, ETC. FROM THE DATE OF THEIR RETIREMENT. IN WP NO. 12580/2025 BETWEEN: 1. SRI LOKAPPA CHANDRAPPA CHAVAN S/O CHANDAPPA AGED ABOUT 72 YEARS RESIDING AT NO. 501, TUPE 2, 2ND FLOOR, CRPF QUARTERS GC CRPF, YELAHANKA BANGALORE 560 064 - 4 - HC-KAR NC: 2025:KHC:49619 WP No. 12605 of 2025 C/W WP No. 12580 of 2025 2. SRI PARAMESHAPPA SHIVAPPA WADENPUR S/O SHIVAPPA AGED 66 YEARS RETIRED JE (ELE) R/A NO. 2008/79, 19TH CROS TARALABALU LAYOUT DAVANAGERE 577005 3. SRI H M NAGABHUSHANA S/O H M VISHWANATHAIAH AGED ABOUT 67 YEAR RETIRED DRIVER GR-2 R/ANO. 1486/16, 4TH B CROSS SHIVAKUMARASWAMY LAYOUT 2ND STAGE, DAVANAGERE 577 005 4. SRI BABU KRISHNOJI KULKARNI S/O KRISHNOJI PANDURANG KULKARNI AGED ABOUT 75 YEARS C/O PUNEET KUMAR KULKARNI FLAT NO. B308, B BLOCK SUAVITY OTIUM, AKSHYANAGAR YELENAHALLI MAIN ROAD NEAR DLF NEWTOWN BANGALORE 560 114 ...PETITIONERS (BY SRI. SRINIVASA K., ADV.) - 5 - HC-KAR NC: 2025:KHC:49619 WP No. 12605 of 2025 C/W WP No. 12580 of 2025 AND: 1. THE MANAGING DIRECTOR KPTCL, CORPORATE OFFICE CUAVERY BHAVANA BANGALORE 560 009 2. THE DIRECTOR (A AND HR) KPTCL CORPORATE OFFICE CUAVERY BHAVANA BANGALORE 560 009 ...RESPONDENTS (BY SRI. A.CHANDRACHUD, ADV.) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS OF THE PETITIONERS DATED 25.02.2025, 13.01.2024, 15.03.2025 AND 25.05.2023 RESPECTIVELY ADDRESSED TO THE 20 RESPONDENT VIDE ANNEXURES-E TO E3 AND TO GRANT ONE ANNUAL INCREMENT FOR THE LAST YEAR OF SERVICE RENDERED BY THEM, AND TO PROPERLY FIX THEIR BASIC PAY AND TO PAY ALL THE CONSEQUENTIAL DIFFERENCE AND ARREARS OF MONETARY/ RETIREMENT BENEFITS LIKE DIFFERENCE OF PAY, PENSION, COMMUTATION, DCRG AND EARNED LEAVE ENCASHMENT, ETC. FROM THE DATE OF THEIR RETIREMENT. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - HC-KAR NC: 2025:KHC:49619 WP No. 12605 of 2025 C/W WP No. 12580 of 2025 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner has filed these writ petitions seeking for mandamus directing the respondents to consider the set of representations of the petitioners dated 06.12.2024, 01.04.2025, 29.05.2024 and 13.07.2023 in W.P.No.12605/2025 and in W.P.No.12580/2025 dated 25.02.2025, 13.01.2024, 15.03.2025 and 25.05.2023 respectively vide Annexures E to E3. 2. Brief facts leading rise to the filing of these writ petitions are as follows: The petitioners retired from the service of the respondent-Corporation, who were relieved from service on attaining the age of Superannuation. Their service and increment sanctioning due dates are mentioned below: - 7 - HC-KAR NC: 2025:KHC:49619 WP No. 12605 of 2025 C/W WP No. 12580 of 2025 In W.P.No.12605/2025: Sl. No. Petitioner's Name Date of last increment sanctioned Date of retirement Due date of increment 1. R.T.Srinivasa 01.05.2014 30.04.2015 01.05.2015 2. N.Vasanth Kumar 01.01.2023 31.12.2023 01.01.2024 3. T.A.Jagadeeshaiah 01.07.2022 30.06.2023 01.07.2023 4. G.Srinivasaiah 01.02.2017 31.01.2018 01.02.2018 In W.P.No.12580/2025: Sl. No. Petitioner's Name Date of last increment sanctioned Date of retirement Due date of increment 1. Lokappa Chandrappa Chavan 01.06.2012 31.05.2013 01.06.2013 2. Parameshappa Shivappa Wadenpur 01.07.2018 30.06.2019 01.07.2019 3. H.N.Nagabhushana 01.06.2017 31.05.2018 01.06.2018 4. Babu Krishnoji Kulkarni 01.02.2007 31.01.2008 01.02.2008 3. They have rendered full and continuous year of service before retirement, the increment for the said period has not been sanctioned. They submit a representation requesting for sanction of their annual increment for the last year of service rendered by them and also brought to the notice of the respondents that the order passed by this Court in W.P.No.10703/2024 and connected matters dated 21.02.2025 which was confirmed - 8 - HC-KAR NC: 2025:KHC:49619 WP No. 12605 of 2025 C/W WP No. 12580 of 2025 by the Division Bench of this Court in W.A.No.634/2025 and W.A.No.636/2025. Respondent No.2 has not passed any order on the representations submitted by the petitioners. Hence, this writ petition. 4. Heard the learned counsel for the petitioners and also learned counsel for the respondents. 5. Learned counsel for the respondents submits that, if reasonable time is granted, respondent No.2 would consider Annexures E to E3 in both the writ petitions, and pass an appropriate order in accordance with law. 6. In view of the submission made by the learned counsel for respondent No.2, I proceed to pass the following: ORDER i. The writ petitions are allowed. - 9 - HC-KAR NC: 2025:KHC:49619 WP No. 12605 of 2025 C/W WP No. 12580 of 2025 ii. Respondent No.2 is directed to consider Annexures E to E3 of the both writ petitions in terms of the order passed by this Court in W.P.No.10703/2024 and connected matters, dated 21.02.2025 and passed an appropriate order in accordance with law within 8 weeks from the date of receipt of the copy of this order. iii. Pending applications, if any, stand disposed off accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SSB