- 1 - NC: 2025:KHC-D:1625 WP No. 107795 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107795 OF 2024 (S-KSRTC) BETWEEN: SRI. MAHABOOBSAB S/O. MOHAMMEDGOUSESAB CHAKARI, (M.M.CHAKARI), AGED ABOUT. 58 YEARS, OCC. DRIVER NWKRTC, HANAGAL DEPOT, HAVERI DIVISION, R/O. AT POST. KABBUR, TQ AND DIST. HAVERI -581110. …PETITIONER (BY SRI RAVI HEGDE, ADVOCATE) AND: 1. THE DIVISIONAL CONTROLLER, NWKRTC, HAVERI DIVISION, HAVERI, DIST. HAVERI -581110. 2. THE ADMINISTRATIVE OFFICER, NWKRTC, HAVERI DIVISION, HAVERI, DIST. HAVERI -581110. 3. THE MANAGING DIRECTOR, NWKRTC, CENTRAL OFFICE, GOKUL ROAD, HUBBALLI DIST. DHARWAD -580030. …RESPONDENTS (BY SRI. PRASHANT HOSAMANI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO, ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENTS 1 TO 3 TO RE-FIX THE Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:1625 WP No. 107795 of 2024 SALARY OF THE PETITIONER AND PAY THE ARREARS OF SALARY IN CONSONANCE WITH THE ORDER PASSED BY THIS HON’BLE COURT IN WP 78320/2013, DISPOSED ON 24-05-2023, AT ANNEXURE-A BY CONSIDERING THE REPRESENTATION DATED 18-11-2024 AT ANNEXURE-E, BY FIXING OUTER LIMIT, AND ISSUE FURTHER DIRECTION TO THE RESPONDENTS TO PAY INTEREST ON THE DIFFERENCE AS IT WAS ILLEGALLY WITHHELD BY THEM FROM 10-08-2024 TILL ITS PAYMENT AND GRANT ALL KINDS OF ELIGIBLE LEAVES AS PER RULES, BY FIXING OUTER LIMIT AND ISSUE ANY OTHER WRIT OR ORDER OR DIRECTION AS THIS HON BLE COURT MAY DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE INCLUDING COST OF THIS WRIT PETITION, IN THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDERS WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner is before this Court seeking the following prayer: “Issue writ of mandamus directing the respondents 1 to 3 to re-fix the salary of the petitioner and pay the arrears of salary in consonance with the order passed by this Hon’ble Court in W.P.No.78320/2013, disposed on 24-05-2023, at Annexure-A by considering the representation dated 18-11-2024 at Annexure-E, by fixing outer limit, and issue further direction to the respondents to pay interest on the difference as it was illegally - 3 - NC: 2025:KHC-D:1625 WP No. 107795 of 2024 withheld by them from 10-08-2024 till its payment and grant all kinds of eligible leaves as per rules, by fixing outer limit and issue any other writ or order or direction as this Hon-ble Court may deems fit in the circumstances of the case including cost of this writ petition, in the ends of justice.” 2. The petitioner is said to have been appointed as a driver on 18.09.2001. Owing to certain proceedings in the interregnum, the petitioner’s dismissal was set aside and the petitioner was reinstated in service along with continuity of service and all consequential benefits, but without backwages. The petitioner then submits a representation seeking re-fixation of his salary in the light of the continuity of service being awarded and implemented by the Corporation. Non-consideration of the representation has led the petitioner to this Court in the subject petition. 3. Heard Sri Ravi Hegde, learned counsel for petitioner and Sri Prashant Hosamani, learned counsel for respondents. - 4 - NC: 2025:KHC-D:1625 WP No. 107795 of 2024 4. Learned counsel Sri Prashant Hosamani submits that his representation at Annexure-E would be considered in accordance with law and orders would be passed to that effect. 5. Learned counsel Sri Ravi Hegde appearing for the petitioner takes this Court through an office order dated 10.06.2024 which is indicative of the fact that the Corporation themselves have observed that till the re- fixation happens, old salary would be paid. 6. Therefore, in that light, the representation merits consideration. The respondents shall consider the representation at Annexure-E and pass necessary orders within an outer limit of eight weeks from the date of receipt of copy of this order, if not earlier. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NAA List No.: 1 Sl No.: 27