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2026 DAILYLAW 52451 (KAR)

The State Of Karnataka v. Smt Prabha R Jakati W/o Raghavendra Jakati

WP/101934/2024 · 2026-01-13

B Muralidhara Pai, M I Arun

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:323-DB WP No. 101934 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 13TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR JUSTICE M.I.ARUN AND THE HON'BLE MR JUSTICE B. MURALIDHARA PAI WRIT PETITION NO. 101934 OF 2024 (S-KAT) BETWEEN: 1. THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES, VIKASA SOUDHA, BENGALURU-560 001. 2. THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001. 3. THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, VIKASA SOUDHA, BENGALURU-560 001. 4. THE COMMISSIONER OF HEALTH AND FAMILY WELFARE SERVICES, ANAND RAO CIRCLE, BENGALURU-560 009. 5. THE COMMISSIONER, DEPARTMENT OF COMMERCIAL TAXES, VANIJYA THERIGE KARYALAYA, KALIDASA MARG, V N BADIGER Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.22 11:05:48 +0530 - 2 - HC-KAR NC: 2026:KHC-D:323-DB WP No. 101934 of 2024 GANDHI NAGAR, BENGALURU-560 009. 6. THE COMMERCIAL OF EXCISE IN KARNATAKA, 2ND FLOOR, TTMC BUILDING, A BLOCK, BMTC COMPLEX, SHANTHINAGAR, BENGALURU-560 027. 7. THE CHIEF ENGINEER WATER RESOURCES DEVELOPMENT ORGANIZATION, ANAND RAO CIRCLE, BENGALURU-560 009. 8. THE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, MANGASULI, ATHANI TALUK, BELAGAVI DISTRICT-591 234. 9. THE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, UCHAGAON, HUKKERI TALUK, BELAGAVI DISTRICT-591 309. 10. THE JOINT COMMISSIONER OF COMMERCIAL TAXES, DVO-1, BELAGAVI-590 001. 11. THE JOINT COMMISSIONER OF EXCISE (ENFORCEMENT AND INSPECTION), BELAGAVI DIVISION, BELAGAVI-590 001. & PETITIONERS (BY SRI. G.K. HIREGOUDAR, GA) AND: 1. SMT. PRABHA R. JAKATI W/O RAGHAVENDRA JAKATI, AGED ABOUT 71 YEARS, RETIRED JUNIOR HEALTH ASSISTANT, O/O THE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, MANGASULI, ATHANI TALUK, BELAGAVI DISTRICT, R/AT: SHRINIVAS BUILDING, - 3 - HC-KAR NC: 2026:KHC-D:323-DB WP No. 101934 of 2024 NEAR NARASIMHA TEMPLE, TORAVI, BIJAPUR TALUK AND DISTRICT. 2. SRI BASAVANT VAIJAPPA HAMPANNAVAR S/O VAIJAPPA HAMPANNAVAR, AGED ABOUT 68 YEARS, RETIRED BLOCK HEALTH EDUCATION OFFICER, O/O THE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, UCHAGAON, HUKKERI TALUK, BELAGAVI DISTRICT, R/AT: NO.300, GANDHI GALLI, BASAVANKUDACHI, BELAGAVI-591 124. 3. SRI YALLAPPA BALAPPA PUJERI S/O BALAPPA PUJERI, AGED ABOUT 68 YEARS, RETRIED COMMERCIAL TAX OFFICER, O/O THE JOINT COMMISSIONER OF COMMERCIAL TAXES, DVO-1, BELAGAVI, R/AT AND POST: KHANGAON, GOKAK, BELAGAVI DISTRICT-591 124. 4. SRI. NOGANIHAL S.K. (NOGANIHAL SHANKAR KADAPA), S/O NOGANIHAL KADAPPA SATTAPPA, AGED ABOUT 69 YEARS, RETIRED FIRST DIVISION ASSISTANT, O/O THE EXECUTIVE ENGINEER, KNNL, QUALITY CONTROL DIVISION, HIDKAL DAM, HUKKERI TALUK, BELAGAVI DISTRICT, R/AT: PLOT NO.3221, RAMATHRITHNAGAR, KANABARAGI ROAD, BELAGAVI. 5. SRI. HADALAGE B.A. (HADALAGE BAPU ADAMSAHEB), S/O ADAMSAHEB IMAMSAHEB HADALAGE, AGED ABOUT 68 YEARS, RETRIED SUPERINTENDENT OF EXCISE, O/O THE JOINT COMMISSIONER OF EXCISE (ENFORCEMENT AND INSPECTION), - 4 - HC-KAR NC: 2026:KHC-D:323-DB WP No. 101934 of 2024 BELAGAVI DIVISION, BELAGAVI, R/AT: PLOT NO.83, BAUXITE ROAD, ANNAPURNAWADI CROSS, AZAMNAGAR, BELAGAVI. 6. THE EXECUTIVE ENGINEER, KNNL, QUALITY CONTROL DIVISION, HIDKAL DAM, HUKKERI TALUK, BELAGAVI DISTRICT-591 309. & RESPONDENTS (BY SMT. VAISHALI K. KALADAGI, ADVOCATE FOR R2 AND R3; SRI PRASAD PATIL, ADVOCATE FOR R4 IS APPEARED THROUGH VC; SRI RAMACHANDRA V. BHAT, ADVOCATE FOR R5; NOTICE ISSUED TO R1 AND R6 IS SERVED BUT UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BELAGAVI IN APPLICATION NO.10079 TO 10083/2022 BY ORDER DATED 23-06-2022 VIDE ANNEXURE-A AND ETC. THIS PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR JUSTICE M.I.ARUN AND THE HON'BLE MR JUSTICE B. MURALIDHARA PAI - 5 - HC-KAR NC: 2026:KHC-D:323-DB WP No. 101934 of 2024 ORAL ORDER (PER: THE HON'BLE MR JUSTICE M.I.ARUN) 1. Aggrieved by the order passed in Application Nos.10079310083 of 2022 by the Karnataka State Administrative Tribunal, Belagavi (hereinafter referred to as 8Tribunal9), the State has preferred this Writ Petition. 2. The order passed by Tribunal reads as under: <i) The applications are hereby allowed; ii) The respondents are hereby directed to grant the remaining additional qualifying service available under Rule 247-A of KCSRs to the applicants by examining each case individually in accordance with law with an observation made by this Court as per the law laid down by this Tribunal in A.No.1005/2018 C/w 7627/2018 dated 24.09.2020 at Annexure-A2 and also including A.No.7628/2018 dated 30.09.2021 at Annexure-A7; iii) The respondents are also hereby directed to revise the pension and pensionary benefits and grant consequential benefits to the applicants within a period - 6 - HC-KAR NC: 2026:KHC-D:323-DB WP No. 101934 of 2024 of three months from the date of receipt of copy of this Order.= 3. Learned counsel for the petitioners submits that the order passed by the Tribunal in Application Nos.100793 10083 of 2022 has already been modified by this Court in W.P. No.16582/2023 C/w. W.P.Nos.13427/2022, 18490/2022, 20687/2022, 4099/2023, 12931/2023, 26337/2023. Accordingly, he prays that the impugned order in the present case may also be modified as per the order passed by this Court in W.P. No.16582/2023 and connected matters. 4. Learned counsel appearing for the respondents have no objections to the same. 5. In view of the above submissions, this Court passes the following: - 7 - HC-KAR NC: 2026:KHC-D:323-DB WP No. 101934 of 2024 ORDER i) The impugned order passed in Application Nos.10079310083 of 2022, by the Karnataka State Administrative Tribunal, Belagavi stands modified in terms of the order passed by this Court in W.P.No.16582/2023 and other connected matters. ii) The respondents herein shall be given the benefits in terms of the said order. Sd/- (M.I.ARUN) JUDGE Sd/- (B. MURALIDHARA PAI) JUDGE VB/CT:BCK/LIST NO.: 1 SL NO.: 14