- 1 - HC-KAR CNR: KAHC010079722020 NC: 2026:KHC:40465 RSA No. 752 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 752 OF 2020 (DEC) BETWEEN: 1. THE CHIEF SECRETARY TO GOVERNMENT OF KARNATAKA VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER KOLAR DISTRICT, KOLAR - 563 101. 3. THE BACKWARD CLASS OFFICER KOLAR DISTRICT, KOLAR - 563 101. 4. THE SECRETARY SECONDARY EDUCATION EXAMINATION BOARD MALLESWARAM, BENGALURU - 560 003. 5. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTION KOLAR DISTRICT, KOLAR - 563 122. 6. THE BLOCK EDUCATIONAL OFFICER 3RD CROSS ROAD, ROBERTSONPET, K.G.F - 563 122. Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010079722020 NC: 2026:KHC:40465 RSA No. 752 of 2020 7. THE PRINCIPAL GOVERNMENT JUNIOR COLLEGE FOR GIRLS, ROBERTSONPET K.G.F - 563 122. 8. THE PRINCIPAL FIRST GRADE COLLEGE OORGAUM, K.G.F - 563 121. …APPELLANTS (BY SRI. SESHU V, AGA) AND: 1. U. KOUSALYA D/O LATE UDHANDI, AGED ABOUT 63 YEARS, PRESENTLY R/O PURANDAHALLI VILLAGE, VIA ROBERTSONPET, K.G.F - 563 122. 2. THE COMMISSIONER KGF DEVELOPMENT AUTHORITY 6TH CROSS, ROBERTSONPET, K.G.F - 563 122. …RESPONDENT (BY SRI. SUBRAMANYA BHAT M, ADVOCATE FOR R1; SRI. RAMESH KUMAR R.V, ADVOCATE FOR R2) THIS RSA IS FILED UNDER SEC.100 OF CPC., 1908 AGAINST THE JUDGMENT AND DECREE DATED 24.04.2009 PASSED IN RA NO.12/2009 ON THE FILE OF THE ADDL.CIVIL JUDGE (SR.DN.) KGF. ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 19.12.2008 PASSED IN OS NO.15/2008 ON THE FILE OF THE PRL.CIVIL JUDGE (JR.DN) AT KGF. - 3 - HC-KAR CNR: KAHC010079722020 NC: 2026:KHC:40465 RSA No. 752 of 2020 THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT 1. Heard. 2. Though the matter is listed for consideration on I.A.No.2/2020 which is filed for condonation of huge delay of 3854 days in filing the appeal, this Court heard the arguments of both the parties on the pending applications and perused the merits of the matter as well. 3. Pursuant to the submissions of both and also taking note of the intrinsic issues involved in the matter, an affidavit is filed by respondent No.1 – Smt.U.Kausalya. 4. Contents of the affidavit are culled out hereunder for ready reference: “I, U. Kausalya, D/o. Late Udhandi, aged about 72 years, R/at, Purandhahalli Village via Robertsonpet, K.GF- 563122 today having come over to Bangalore, do hereby affirm and state on oath as follows; - 4 - HC-KAR CNR: KAHC010079722020 NC: 2026:KHC:40465 RSA No. 752 of 2020 1) I state that I am the 1st Respondent in the above Regular Second Appeal and as such I am fully acquainted with the facts of the case I am deposing to. I am competent to swear to this affidavit. 2) I state that I was allowed to continue in employment till 31.7.2014 by the 2nd Respondent by accepting the date of birth as 22.7.1954. Meanwhile as per the order dated 23.3.2013, 2nd Respondent regularised my services of w.e.f. 23.3.2013 in the post of SDA and I have worked in the said post till 31.7.2014 for a period of 16 months. If my original date of birth is taken into account as 22.7.1951, I would have attained the age of superannuation on 31.7.2011. Thus I was allowed to continue in employment for a period of 3 years, over and above 60 years. 3). It is submitted that after retirement, I have not been paid anything towards terminal benefits, including DCRG and EL encashment. In view of the aforesaid facts, this Hon'ble Court may be pleased to dispose of the present second appeal by considering my plight and hardship. I may not be saddled with any financial burden of refunding the salary and emoluments paid to me in consideration of my services rendered beyond 31.7.2011. I also hereby undertake that I shall not claim any service or financial benefits either from the 2nd Respondent or from the Appellants on the basis of the judgment passed in Regular Appeal No. 12/2009, dated 24.4.2009, which is under challenge in the instant second appeal. - 5 - HC-KAR CNR: KAHC010079722020 NC: 2026:KHC:40465 RSA No. 752 of 2020 4). Taking into consideration my relentless efforts to get the benefit of regularisation of my services on completion of 10 years temporary service, as explained in my objections already filed to the application for condonation of delay filed by the Appellants, this Hon'ble Court may also be kind enough to reserve liberty to me to pursue the issue relating to regularisation of my services with retrospective effect, notwithstanding the judgment passed in the present appeal, by considering my date of birth as 22.7.1951. 5) I verify that the contents of this affidavit are true and correct. I also verify my signature affixed below.” 5. Copy of the affidavit is served on learned Additional Government Advocate appearing for the appellants. 6. He has filed a memo stating placing the affidavit on record, appeal can be disposed of with a specific direction that no more benefit shall be claimed by respondent No.1. 7. In view of the above, following: ORDER i. Appeal stands disposed of by placing the affidavit on record. - 6 - HC-KAR CNR: KAHC010079722020 NC: 2026:KHC:40465 RSA No. 752 of 2020 ii. By virtue of the judgment and decree passed in RA No.12/2009 dated 24.04.2009 on the file of Additional Civil Judge (Senior Division) KGF which is challenged under the present second appeal, except the benefits already obtained as is mentioned in the affidavit, respondent No.1 shall not claim any other benefit as such a relief cannot be granted by the Civil Court. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 37