- 1 - HC-KAR NC: 2025:KHC-D:17843 WP No. 101467 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 101467 OF 2024 (S-RES) BETWEEN: SHRI SHIVAPPA LINGAPPA YALIGAR, AGE. 75 YEARS, OCC. MANAGER, SHREE RENUKA YALLAMMA DEVASTHANA YALLAMMANAGUDDA, R/AT. H.NO.780/A, PATTADKAL ONI, SAVADATTI-591126, DIST. BELAGAVI. …PETITIONER (BY SRI. ASHOK R. KALYANASHETTY, ADVOCATE) AND: 1. SHREE RENUKA YALLAMMA DEVASTHANA, BY ITS EXECUTIVE OFFICER, AT.YALLAMMANAGUDDA-591173, SAVADATTI, DIST. BELAGAVI. 2. THE COMMISSIONER FOR HINDU RELIGIOUS, INSTITUTIONS AND CHARITABLE ENDOWMENTS, DEPARTMENT OF HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS, 2ND FLOOR, SHRI MALAI MAHADESHWAR VARTHA BHAVAN, ALUR VENKATARAO ROAD, CHAMARAJPETE BENGALURU – 560 018. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:17843 WP No. 101467 of 2024 3. THE STATE OF KARNATAKA, BY ITS SECRETARY, REVENUE DEPARTMENT (MUZRAI), M.S.BUILDING BENGALURU-560 001 …RESPONDENTS (BY SRI. SUNIL S. DESAI, ADVOCATE FOR R1; SMT. GIRIJA S. HIREMATH, HCGP FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ORDER OR DIRECTION IN THE NATURE OF A WRIT QUASHING THE (I) ORDER NO. ADM 1/CR385/15-16 DATED 14.11.2017 AT ANNEXURE L ISSUED BY RESPONDENT-2;CONSEQUENTIAL ORDER NO.DVS / EMPLOYEES / CR-23 / 12-13 DATED 16.08.2018 AT ANNEXURE N ISSUED BY THE RESPONDENT NO.1: NFURTHER DIRECT THE RESPONDENTS/ESPECIALLY RESPONDENT NO.1 TO EXTEND THE BENEFIT OF THE REVISED PAY SCALE 2012 IN TERMS OF ORDER DATED 23.11.2012 AT ANNEXURE F-1 WITH CONSEQUENTIAL BENEFITS INCLUDING ARREARS AND INTEREST THEREON AT 6% PER ANNUM FROM THE DATE IT FELL DUE TILL THE DATE OF PAYMENT IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:17843 WP No. 101467 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. Petitioner is before this Court seeking the following prayer. “a) issue a writ of certiorari or order or direction in the nature of a writ quashing the (I) Order No. ADM 1/CR385/15-16 dated 14.11.2017 at Annexure L issued by Respondent-2;consequential Order No.DVS/EMPLOYEES/CR-23/12-13 dated 16.08.2018 at Annexure N issued by the Respondent No.1: nfurther direct the respondents/especially Respondent No.1 to extend the benefit of the Revised Pay Scale 2012 in terms of order dated 23.11.2012 at Annexure F-1 with consequential benefits including arrears and interest thereon at 6% per annum from the date it fell due till the date of payment in the interest of justice and equity. (b) issue a writ of certiorari or order or direction in the nature of a writ quashing the order No. DVS/sibbandi/CR-12/2018-19 dated 6.12.2021 at Annexure Q issued by Respondent-1 to the extent of excluding the petitioner from it's purview; further direct the respondents/especially Respondent-1 to extend all the monetary benefits flowing from the said order at Annexure Q i.e., 6th Pay Commission revised pay scale, Dearness allowance, house rent allowance and medical allowance as stated therein from the said date, all benefits including arrears thereof with interest thereon at 6% from the said date to the date of payment to the petitioner in the interest of justice and equity. (c) issue a writ of certiorari or order or direction in the nature of a writ quashing the order No. ADM 1/C R 754/09-10 dated 24.3.2010 at Annexure D-1 issued by Respondent-2 or in the alternative declare the said order as bad, null and void, not surviving; further direct the respondents/especially - 4 - HC-KAR NC: 2025:KHC-D:17843 WP No. 101467 of 2024 Respondent-1 to sanction/release all the annual increments due to the petitioner from the period from 2010 to till the date and for the service rendered with all benefits including arrears thereof and interest thereon at 6% from the date fell due to the date of payment in the interest of justice and equity. (c) direct the respondent No.1 to pay interest at 6% for the delayed period from 1.1.2002 till the date of granting 20 years Time bound increment vide order No. DVS /Sibbandi /CR-15 dated 18.7.2019 at Annexure R in the interest of justice and equity. d) direct the respondent No.1 to pay 25 years Time Bound increment with monetary benefits including interest at 6% from 1.1.2014 till the date of payment€; (e) direct the respondents especially respondent-1 to pay salary as per pay scale revised from time to time during his tenure of service on par with other temple servants in the interest of justice and equity. (f) grant such other reliefs as deemed fit and proper in the facts and circumstances of the case.” 2. Heard the learned counsel Sri. Ashok R. Kalyanshetty appearing for the petitioner, the learned HCGP Smt. Girija S. Hiremath for representing respondent Nos.2 and 3 and the learned counsel Sri. Sunil S. Desai for respondent No.1. 3. The petitioner is an outdoor temple servant appointed as a Manager in the respondent No.1 Shree Renuka Yellamma temple. The temple is a grade A notified temple. The - 5 - HC-KAR NC: 2025:KHC-D:17843 WP No. 101467 of 2024 issue in the lis is not with regard to the happenings in the temple. It transpires that the provisions of Karnataka Hindu Religious and Charitable Endowments Act, 1997 were held to be unconstitutional by a Division Bench of the Court in the year 2007. This is challenged before the Apex Court by the State of Karnataka in SLP No.5398 of 2007. The Apex Court stays the said order, but permits the outdoor temple servants and indoor temple servants which operate under Section 25 of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 to continue in their employment. The State after the interim order granted by the Apex Court issues a communication which reads as follows. ¸ÀASÉå:JrJA1/¹Dgï 1104/10-11 DAiÀÄÄPÀÛgÀ PÁAiÀiÁð®AiÀÄ »AzÀÆ zsÁ«ÄðPÀ ¸ÀA¸ÉÜUÀ¼ÀÄ ªÀÄvÀÄÛ zsÀªÀiÁðzÁAiÀÄ zÀwÛ E¯ÁSÉ, ¨ÉAUÀ¼ÀÆgÀÄ. ¢£ÁAPÀ:23-12-2010. UÉ, f¯Áè¢üPÁjUÀ¼ÀÄ, ____________f¯Éè ¸ÀºÁAiÀÄPÀ DAiÀÄÄPÀÛgÀÄ, £ÀUÀgÀ¸À¨sÁ ªÀ®èAiÀÄ/ ¨ÉAUÀ¼ÀÆgÀÄ UÁæªÀiÁAvÀgÀ f¯Éè/ §¼Áîj/¨É¼ÀUÁ«/zÀQët PÀ£ÀßqÀ/ GvÀÛgÀ PÀ£ÀßqÀ ºÁUÀÆ GqÀĦ ªÀiÁ£ÀågÉÃ, «µÀAiÀÄ: C¢ü¸ÀÆZÀ£É ¸ÀA¸ÉÜUÀ¼À°è PÁAiÀÄð¤ªÀð»¸ÀÄwÛgÀĪÀ ºÉÆgÁAUÀt £ËPÀgÀgÀ£ÀÄß ¤ªÀÈwÛUÉƽ¸ÀĪÀ §UÉÎ ªÀiÁ£Àå GZÀÑ£ÁåAiÀiÁ®AiÀÄzÀ «©ü£Àß DzÉñÀUÀ¼À »£É߯ÉAiÀÄ°è ¸Àà¶ÖPÀgÀt ¤ÃqÀĪÀ §UÉÎ : - 6 - HC-KAR NC: 2025:KHC-D:17843 WP No. 101467 of 2024 G¯ÉèÃR: ¸ÀPÁðgÀzÀ ¥ÀvÀæ ¸ÀASÉå PÀAE 100/ªÀÄĸÉë/2010. ¢£ÁAPÀ:27-11-2010 *** ªÉÄîÌAqÀ «µÀAiÀÄPÉÌ ¸ÀA§A¢ü¹zÀAvÉ ¸ÀPÁðgÀzÀ C¢ü¸ÀÆavÀ ¸ÀA¸ÉÜUÀ¼À°è PÁAiÀÄð¤ªÀð»¸ÀÄwÛgÀĪÀ ºÉÆgÁAUÀt, £ËPÀgÀgÀ£ÀÄß ¤ªÀÈwÛUÉƽ¸ÀĪÀ §UÉÎ ªÀiÁ£Àå GZÀÑ£ÁåAiÀiÁ®AiÀĪÀÅ ¤ÃrgÀĪÀ «©ü£Àß DzÉñÀUÀ½UÉ ¸ÀA§A¢ü¹zÀAvÉ PÁ£ÀÆ£ÀÄ E¯ÁSÉAiÀÄÄ FUÁUÀ¯Éà F «ZÁgÀªÀÅ ªÀiÁ£Àå ¸ÀªÉÇÃðZÀÒ £ÁåAiÀiÁ®AiÀÄzÀ°è EvÀåxÀðPÉÌ ¨ÁQ EgÀĪÀÅzÀjAzÀ C¢ü¸ÀÆavÀ ¸ÀA¸ÉÜUÀ¼À CZÀðPÀgÀÄ, M¼ÁAUÀt ªÀÄvÀÄÛ ºÉÆgÁAUÀt £ËPÀgÀgÀ£ÀÄß ¸ÀªÉÇÃðZÀÑ £ÁåAiÀiÁ®AiÀÄzÀ CAwªÀÄ wæðUÉ M¼À¥ÀlÄÖ ¸ÉêÉAiÀÄ°è ªÀÄÄAzÀĪÀgɸÀ§ºÀÄzÉAzÀÄ C©ü¥ÁæAiÀÄ¥ÀnÖgÀĪÀÅzÁV G¯ÉèÃTvÀ ¸ÀPÁðgÀzÀ ¥ÀvÀæzÀ°è w½¸À¯ÁVzÉ. (¥Àæw ®UÀwÛ¹zÉ). DzÀÄzÀjAzÀ C¢ü¸ÀÆavÀ ¸ÀA¸ÉÜUÀ¼ÀÄ CZÀÑðPÀgÀÄ, M¼ÁAUÀt ªÀÄvÀÄÛ ºÉÆgÁAUÀt ¹§âA¢UÀ¼À£ÀÄß ªÀiÁ£Àå ¸ÀªÉÇÃðZÀÑ £ÁåAiÀiÁ®AiÀÄzÀ CAwªÀÄ wæðUÉ M¼À¥ÀlÄÖ ¸ÉêÉAiÀÄ°è ªÀÄÄAzÀĪÀgɸÀ®Ä w½¹zÉ. vÀªÀÄä £ÀA§ÄUÉAiÀÄ, ¸À»/- PÉÃAzÀæ ¸ÁܤPÀ ¸ÀºÁAiÀÄPÀgÀÄ zsÁ«ÄÃPÀ zÀwÛ E¯ÁSÉ, ¨ÉAUÀ¼ÀÆgÀÄ 4. The communication indicates that all the outdoor temple servants or indoor temple servants would retire at the age of 65 and not 62. The petitioner at that point in time was yet to attain the age of 62 even as he was 61 years when the communication comes about. The petitioner continues beyond 62 on the strength of the aforesaid communication, but does not retire at 65. On the strength of an interim order that was granted by the Apex Court, as noted herein above, the petitioner continues for a decade on the strength of the interim order beyond 65. At the age of 75 years, he is then shown the doors - 7 - HC-KAR NC: 2025:KHC-D:17843 WP No. 101467 of 2024 that he has already retired and he has to leave the post. The petitioner has now stood relieved. 5. The grievance of the petitioner is during the period of service in the temple that he has not been granted the revised pay in terms of the recommendations of the sixth Pay Commission and increments from the year 2010. Therefore, the petitioner is entitled to increments up to the date of superannuation i.e., 30.04.2014 and not a day beyond that. As the petitioner who has worked as an outdoor temple servant upto the age of 75 years cannot say that the age beyond superannuation of 65 years should be taken as service owing to the fact that nobody did notice the fact petitioner was beyond 65 and was not relieved from his services. For the service that the petitioner has rendered beyond 65, salary has been paid is an admitted fact. 6. In that light, no benefit shall flow from 01.05.2014 that is the date on which the petitioner ceased to be an employee on attaining the age of superannuation. The service that the petitioner has rendered upto the said date would account for all terminal benefits and all the benefits that the - 8 - HC-KAR NC: 2025:KHC-D:17843 WP No. 101467 of 2024 petitioner is now seeking for the increments and the revised pay scale in terms of the recommendation of the sixth Pay Commission. 7. The plea of the petitioner is that the 10 years that he has rendered as a bonus should be taken note of for the purpose of increments and revised pay scale. The submission is noted only to be rejected, but the petitioner has worked and earned salary for 10 years after the age of superannuation. The State shall not initiate recovery proceedings, of recovery of salary from the hands of the petitioner on the score that he has retired on 30.04.2014 and this Court has not interfered. The petitioner is entitled to all other benefits upto 30.04.2014 and if they are not paid as he has sought for the same shall be calculated and disbursed to the petitioner within outer limit of four months from the date of receipt of the copy of the order if not earlier. 8. The learned counsel Sri. Sunil S. Desai submits that there is no representation submitted to the temple with regard to the grievance of the petitioner or his entitlement. Therefore, the petitioner shall now submit a representation within eight weeks from the date of receipt of the copy of this order. - 9 - HC-KAR NC: 2025:KHC-D:17843 WP No. 101467 of 2024 9. In the event, such a representation is submitted, the State shall consider the same within twelve weeks thereafter and pass necessary orders granting the benefit to the petitioner after assessing his entitlement to the said benefits. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE RSH/CT-ASC List No.: 1 Sl No.: 62