Extracted from the PDF above. The PDF is authoritative.
WP No.12574 of 2024 1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND
W.P. NO.12574/2024 (S-KSAT)
BETWEEN:
G T SOMASHEKHARAPPA S/O THIPPESWAMY E N AGED ABOUT 67 YEARS RETD. ASSISTANT DIRECTOR DEPARTMENT OF RDPR R/O GHATAPARTHY (PO) CHALLAKERE TK CHITRADURGA-577543. ...PETITIONER (BY SRI. N KHETTY, ADV.)
AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT FINANCE DEPARTMENT VIDHANA SOUDHA, BENGALURU -560001.
2. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT, M S BUILDINGS, BENGALURU-560001.
3. THE EXECUTIVE OFFICER TALUKA PANCHYAT, VIJAYAPURA DISTRICT, VIJAYAPURA- 586101.
WP No.12574 of 2024 2
4. THE EXECUTIVE OFFICER TALUKA PANCHAYATH BASAVANA BAGEWADI, VIJAYAPURA DISTRICT- 586203.
5. THE EXECUTIVE OFFICER TALUKA PANCHAYATH, SINDHAGI VIJAYAPURA DISTRICT - 586128.
6. SRI BAPU KALLAPPA MARATANGI S/O KALLAPPA SABU MARATANGI AGED ABOUT 64 YEARS, RETIRED PANCHAYATH DEVELOPMENT OFFICER, O/O THE EXECUTIVE OFFICER TALUKA PANCHAYAT VIJAYAPURA R/AT TIKOTA, VIJAYAPURA TALUK AND DISTRICT.
7. SRI M A INDIKAR (MAHAROOB ABDUL KHALIK INDIKAR) S/O ABDUL KHALIK INDIKAR AGED ABOUT 64 YEARS, RETIRED GRAMA PANCHAYAT SECRETARY O/O THE EXECUTIVE OFFICER TALUKA PANCHAYAT BASAVANA BAGEWADI, VIJAYAPURA DISTRICT R/AT NEAR A L HASANAT URDU HIGH SCHOOL, RAHIMNAGAR, VIJAYAPURA.
8. SRI REVATAGAV B V (VITTAL BASAGONDA REVATAGAV) S/O BASAGONDA RAMAGONDA REVATAGAV AGED ABOUT 63 YEARS, RETIRED GRAMA PANCHAYAT SECRETARY O/O THE EXECUTIVE OFFICER TALUKA PANCHAYAT SINDHAGI VIJAYAPURA DISTRICT R/AT SHIRANAL DHULKHED POST INDI TALUK, VIJAYAPURA DISTRICT. …RESPONDENTS
(BY SRI REUBEN JACOB, AAG A/W SRI B RAVINDRANATH, AGA FOR R1 AND R2)
WP No.12574 of 2024 3
THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN W.P.200897/2019 (HIGH COURT OF KARNATAKA AT KALBURGI BENCH) AND REVIEW THE JUDGMENT DATED 03.03.2020 OF HON’BLE HIGH COURT, KALABURGI BENCH, BY WHICH IT HAS DISMISSED THE W.P.NO.200897/2019, AND TO RESTORE THE SAID W.P.NO.200897/2019, BY ALLOWING THE ABOVE WRIT PETITION.
THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED ON 12.09.2025 AND COMING ON FOR PRONOUNCEMENT OF ORDER THIS DAY (THROUGH VIDEO CONFERENCE), S.G. PANDIT J., DELIVERED THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND
CAV ORDER (PER: THE HON'BLE MR. JUSTICE S.G.PANDIT)
Petitioner is before this Court under Article 226 of the Constitution of India with the following prayer:
“i. Call for the records in W.P. No.200897/2019 (High Court of Karnataka at Kalaburgi Bench); and ii. Review the Judgment dated 03-03-2020 of Hon’ble High Court, Kalaburgi Bench, by which it has dismissed the W.P. No.200897/2019, and to restore the said W.P. No.200897/2019, by allowing the above writ petition; iii. Pass such other orders as deemed fit in the facts and circumstances of the case.”
2. Heard Sri. N.Khetty,
learned counsel for Smt. Akkamahadevi Hiremath, learned counsel for the petitioner, and Sri. Reuben Jacob, Additional Advocate General along with
WP No.12574 of 2024 4 Sri. B.Ravindranath, Additional Government Advocate appearing for respondents No.1 and 2.
3. Though the matter is listed for Orders on office objections regarding maintainability of the writ petition before this Court, since identical writ petitions involving same question were listed for ‘Hearing’, this writ petition was also heard for disposal with the consent of the learned counsel for the parties along with the other petitions.
4. The petitioner is a retired government servant. The petitioner was initially appointed as a stipendiary graduate and was subsequently absorbed into government service during 1991-92. Upon his retirement, he made a representation seeking to extend the benefit under Rule 247A of the Karnataka Civil Services Rules (for short, ‘the KCSRs’) for pension and pensionary benefits by adding eight years qualifying service. As the respondents failed to consider the same, the petitioner, along with other retired government servants, approached the Tribunal in Application Nos.6771/2018 and 6872/2018 and connected applications. The said applications were dismissed by order dated 30.11.2018. The petitioner, being aggrieved by the said order of the Tribunal, approached this Court at Kalaburagi Bench in Writ Petition Nos.200897-200899/2019. The said writ petitions came to be dismissed by the Division Bench by order dated 03.03.2020 holding
WP No.12574 of 2024 5 that the petitioners would not be entitled for the benefit of adding qualifying service of eight years under Rule 247A of the KCSRs, as it is a matter of policy of the State. Further, it also observed that the claim of any government servant’s for pay and allowances is governed by Rule 6 of the KCSRs.
5. The prayer of the petitioner in the present writ petition is in fact to review the order dated 30.03.2020 passed in W.P. Nos.200897-200899/2019. On hearing the
learned counsel, Sri. N.Khetty, and on going through the grounds urged in the writ petition, we are of the considered opinion that this is not a case for reviewing the order under Order XLVII Rule 1 of the Code of Civil Procedure, 1908. Moreover, the petitioner herein was not a party to the impugned order, and that the grounds urged in the writ petition, if considered would amount to re-hearing of the matter. The petitioner has not pointed out any error apparent on the face of the record.
6. Today, we have
disposed of Writ Petition Nos.16582/2023 and connected matters involving identical questions of law.
7. As the petitioner has not made out any grounds to review the order dated 03.03.2020 passed in W.P. Nos.200897- 200899/2019, and also for the reasons recorded in W.P.
WP No.12574 of 2024 6 No.16582/2023 and connected matters, the present writ petition stands dismissed.
Sd/- (S.G.PANDIT) JUDGE
Sd/- (K. V. ARAVIND) JUDGE
KMS CT:bms