- 1 - HC-KAR NC: 2025:KHC:43613 WP No. 35784 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 35784 OF 2024 (S-RES) BETWEEN: SRI YALLAPPA KURABAR S/O ULAVAPPA KURABAR WORKING AS SECOND DIVISION ASSISTANT CITY CIVIL COURT BENGALRUU R/AT NO.172, SAI KRUPA, 3RD CROSS NIRANTHARA LAYOUT SATHANUR VILLAGE BANGALORE ROAD, KATTIGENHALLI POST BENGALRURU - 560063 …PETITIONER (BY SRI. AVIN TIPPANNA HANAMAPPA., ADVOCATE) AND: 1. THE PRINCIPAL CITY CIVIL AND SESSIONS JUDGE CITY CIVIL COURT BENGALURU - 560 009 Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43613 WP No. 35784 of 2024 2. THE REGISTRAR CITY CIVIL COURT BENGALURU - 560 009 3. THE REGISTRAR GENERAL HIGH CORUT OF KARNATAKA BENGLAURU - 560 001 …RESPONDENTS (BY SRI. DESHPANDE AMIT ANAND., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASH THE IMPUGNED INTIMATION BEARING NO. ADM- 1(A)/455/2024 DATED 28/05/2024 ISSUED BY R2 ON THE ORDER OF R1 (ANN-F) AND B) DIRECT THE RESPONDENTS TO FIX THE PAY OF THE PETITIONER AS PER NOTIONAL LAST DRAWN PAY OF THE PETITIONER (ANN-B) IN VIEW OF IMPLEMENTATION OF 7TH CENTRAL PAY COMMISSION WITH EFFECT FROM 01/01/2016 AND ALL GRANT OTHER CONSEQUENTIAL BENEFITS INCLUDING MONETARY BENEFITS AS PER RULE 41-C OF THE KARNATAKA CIVIL SERVICE RULES, 1957 BY PAYING THE SAME TO THE PETITIONER WITHIN A REASONABLE TIME. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:43613 WP No. 35784 of 2024 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner filed this writ petition seeking for the following reliefs: “a) To issue a writ in the nature of certiorari quashing the impugned intimation bearing No. ADM- I(A)/455/2024 dated 28.05.2024 issued by Respondent No. 2 on the order of Respondent No. 1 (Annexure-F) and b) To Issue a writ in the nature of mandamus directing the Respondents to fix the pay of the Petitioner as per notional last drawn pay of the Petitioner (Annexure-B) in view of implementation of 7th Central Pay Commission with effect from 01.01.2016 and all grant other consequential benefits including monetary benefits as per Rule 41-C of the Karnataka Civil Service Rules, 1957, by paying the same to the Petitioner within a reasonable time and c) To pass such other orders or directions as this Hon'ble Court deems fit and proper in the interest of justice and equity.” 2. Brief facts leading rise to the filing of this petition are as follows: - 4 - HC-KAR NC: 2025:KHC:43613 WP No. 35784 of 2024 2.1. The petitioner was discharged from Military Service as Havildar from Parachute Regiment, Bengaluru on 31.01.2009 after having completed 20 years of unblemished service with his last drawn pay being Rs.13,620/-. The petitioner was re-employed in view of his selection as a Second Division Assistant ('SDA' for short) by Karnataka Public Service Commission and posted to work at City Civil Court, Bengaluru by respondent No.1 in the pay scale of Rs.11,660/- to Rs.21,000/-. On 01.01.2016, 7th Central Pay Commission (‘7th CPC’ for short) was implemented and the last drawn pay of the petitioner was notionally fixed in total at Rs.35,500/-. The pay of the colleagues of the petitioner by name Sri. Raghavendra Yadavad was re-fixed as per the revised last drawn pay in view of Rule 41-C of the Karnataka Civil Service Rules ('KCSR' for short), and also of Sri. B.S.Mohan, his salary was re-fixed as per the revised last drawn pay in view of Rule 41-C of the KCSR. The benefits extended to the said Sri. Raghavendra and Sri. - 5 - HC-KAR NC: 2025:KHC:43613 WP No. 35784 of 2024 Mohan were not extended to the petitioner. Thus, the petitioner submitted a representation seeking to fix his pay-scale as per his notional last drawn pay in view of Rule 41-C of the KCSR. Respondent No.2 issued an endorsement: "Put up after disposal of WP No.23526/2022" is the reason for delay in fixation of pay under revised 7th CPC, as sought in the petitioner’s representation. The petitioner, aggrieved by the said endorsement dated 28.05.2024 vide Annexure-F, filed this writ petition. 3. Respondents filed a statement of objections admitting that the petitioner was discharged from Military Service on 31.01.2009 and he was appointed as per Rule 41-C(ii) of the KCSR in the pay-scale of Rs. 11600 - 200 - 12000 - 250 - 13000 - 300 - 14200 - 350 - 15600 - 400 - 17200 - 450 - 19000 - 500 - 21000 applicable to the post to which the petitioner was appointed. It is stated that, the petitioner was appointed as an SDA in City Civil Court, Bengaluru in 2012 and 7th CPC was implemented - 6 - HC-KAR NC: 2025:KHC:43613 WP No. 35784 of 2024 with effect from 01.01.2016. The recitals of the payment of the pension order vide Annexure-B clearly shows that the type of pension is service pension and the pension pay is revised with effect from 01.01.2016. The basic pay of the petitioner from the date of discharge from the Military Service dated 31.01.2009, is not revised. He also submits that, before issuing the impugned intimation vide Annexure-F, the respondents have issued similar intimation vide Annexure-R3 on 06.07.2022 and the said intimation was not challenged by the petitioner. Hence, on these grounds, prays to dismiss the writ petition. 4. Heard the arguments of the learned counsel for the petitioner and also the learned counsel for the respondents. 5. There is no dispute that the petitioner was discharged from Military Service a Havildar and thereafter he was appointed in City Civil Court, Bengaluru under Section 41-C of the KCSR. The 7th CPC was implemented on 01.01.2016 and the last drawn pay of the petitioner - 7 - HC-KAR NC: 2025:KHC:43613 WP No. 35784 of 2024 was notionally fixed in total at Rs.35,500/-. The respondents have extended the benefit of 7th CPC to the colleagues of the petitioner i.e., Sri. Raghavendra Yadavad and Sri. B.S.Mohan as per Rule 41-C of the KCSR. Based on the extension of benefits as per 7th CPC to Sri. Raghavendra and Sri. Mohan, the petitioner submitted a representation to the respondents to revise his last drawn pay in view of Rule 41-C of the KCSR. The respondent issued an intimation vide Annexure-F to put up the representation of the petitioner after the disposal of WP No.23526/2022. When a specific query was put to the learned counsel for the respondents that in what way the said writ petition is concerned in considering the representation, the learned counsel for the respondents could not be able to answer the query. The pendency of WP No.23526/2022 is no legal impediment for considering the representation of the petitioner. Because of pendency of WP No.23526/2022, the respondents have not properly considered the representation dated 27.04.2024 submitted - 8 - HC-KAR NC: 2025:KHC:43613 WP No. 35784 of 2024 by the petitioner. As observed above, there is no legal impediment for the respondents to consider the representation dated 27.04.2024. 6. In view of the above discussion, I proceed to pass the following: ORDER i. The writ petition is allowed; ii. Annexure-F is hereby quashed; iii. The respondents are directed to re-consider the representation of the petitioner dated 27.04.2024 and pass an appropriate order in accordance with law within 8 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.: 34