Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:18160 WP No. 9727 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 9727 OF 2023 (S-R) BETWEEN:
SRI S. PARAMESHAPPA, S/O LATE SOMBLA NAIK AGED ABOUT 62 YEARS, RETIRED LECTURER C/O R. DEVASINGHNAIK, L. AGRAHARA THANDYA, NAGENAHALLI POST – 577 168 KADURU TALUK CHIKKAMAGALURU DISTRICT …PETITIONER (BY SRI. NAIK N. R., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION AND LITERACY DEPARTMENT M. S. BUILDING, BENGALURU – 560 001
2.
THE DIRECTOR DEPARTMENT OF PRE UNIVERSITY EDUCATION 18TH CROSS, MALLESHWARAM BENGALURU – 560 003
3.
THE DEPUTY DIRECTOR DEPARTMENT OF PRE UNIVERSITY EDUCATION KOLAR
4.
THE ACCOUNTANT GENERAL PARK HOUSE, BENGALURU – 560 001
Digitally signed by CHANDANA B M Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:18160 WP No. 9727 of 2023
5.
THE SECRETARY SUBHASHINI EDUCATION TRUST KOLAR ROAD, BANGARPET KOLAR DISTRICT
6.
THE PRINCIPAL SUBHASINI WOMEN’S PRE UNIVERSITY COLLEGE ROBERTSONPET – 563 122 KGF, KOLAR DISTRICT …RESPONDENTS (BY SRI. G. RAMESH NAIK, AGA FOR R1 TO R3;
SRI. M. N. KUMAR, ADVOCATE FOR R4;
SRI. V. R. SARATHY, ADVOCATE FOR R5;
R6 IS SERVED AND UNREPRESENTED)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 READ WITH ARTICLE 14 OF CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R-4 AUTHORITY TO CALCULATE THE PENSIONARY BENEFIT FROM THE DATE OF APPOINTMENT OF THE PETITIONER IE. 15.06.1987 AS PER THE SERVICE BOOK RECORDS SUBMITTED BY THE 5TH AND 6TH RESPONDENT AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioner seeks for the following reliefs:-
“a) To issue writ of mandamus directing the 4th Respondent authority to calculate the pensionary benefit from the date of appointment of the petitioner i.e., 15.06.1987 as per the service book records submitted by the 5th and 6th Respondent; b) To issue appropriate direction to the 5th and 6th respondent to submit the calculation of the service of
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HC-KAR NC: 2026:KHC:18160 WP No. 9727 of 2023
the petitioner as 33 years 04 months 16 days instead of 18 years 06 months 26 days since the petitioner service is not breakup between 15.06.1987 till his retirement i.e. 31.10.2020; c) Issue direction to the 5th and 6th Respondent authorities and also direct the respondents 2 and 3 approve the same about the time bound increments, three annual pending increments and pay protection from the date of entry into service as a Lecturer which are entitle by the petitioner; d) To call for records and grant such other relief/s deems fit by this Hon’ble Court.”
2. Heard learned counsel for the petitioner, learned AGA for respondent Nos.1 to 3 and learned counsel for the respondent Nos.4 and 5 and perused the material on record. Though respondent No.6 having served with notice of this petition, he has chosen to remain absent and unrepresented.
3. Though several contentions have been urged by both sides in support of their respective claims, since respondent Nos.5 and 6 – Management has not sent the records pertaining to the claim of the petitioner to respondent Nos.1 to 4, without expressing any opinion on the merits / de-merits of the rival contentions, I
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HC-KAR NC: 2026:KHC:18160 WP No. 9727 of 2023
deem it just and appropriate to dispose of this petition directing respondent Nos.5 and 6-Institution to forward all the records pertaining to the petitioner along with copies thereof to the respondent Nos.1 to 4, who shall coordinate/communicate with each other and take appropriate decision/pass appropriate orders within a period of 3 months from the date of receipt of a copy of this
order.
4. Subject to the aforesaid directions, petition stands
disposed of.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
MDS List No.: 1 Sl No.: 20