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2026 DAILYLAW 52725 (KAR)

JAGADISH S/O. SHIVAYYA HOMBAL v. KARNATAK CHAMBERS OF COMMERCE AND INDUSTRIES

WP/101314/2022 · 2026-01-20

K S Hemalekha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:554 WP No. 101314 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 20TH DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.101314 OF 2022 (S-R) BETWEEN: JAGADISH S/O. SHIVAYYA HOMBAL AGE: 66 YEARS, OCC: RETD., R/O. #23, NEHRUNAGAR, GADAG ROAD, HUBBALLI, DHARWAD-580020. …PETITIONER (BY SRI. K.L.PATIL, ADVOCATE) AND: KARNATAK CHAMBERS OF COMMERCE AND INDUSTRIES, BY ITS SECRETARY, G. MAHADEVAPPA BUILDING, J. C. NAGAR, HUBBALLI-580020, DIST: DHARWAD. …RESPONDENT (BY SRI. VINAY S.KOUJALAGI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS, DIRECTING THE RESPONDENT TO CONSIDER THE REPRESENTATION DATED 05.05.2021 MAIL SENT THROUGH E-MAIL AS PER ANNEXURE-E TO SETTLE THE PENSIONARY BENEFITS TO THE PETITIONER AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.28 10:36:05 +0530 - 2 - HC-KAR NC: 2026:KHC-D:554 WP No. 101314 of 2022 ORAL ORDER The petitioner has approached this Court seeking a writ of mandamus directing the respondent to consider the representation dated 05.05.2021 sent through email (Annexure-E) to settle pensionary benefits to the petitioner. 2. Learned counsel for the petitioner submits that the respondent/authority has settled the provident fund and gratuity only as a ‘Deputy Secretary (Accounts)’ and not as a ‘Secretary’ for which he has taken charge on 07.11.2007. The representation submitted to settle the pensionary benefits is not yet considered by the respondent/authority. 3. Per contra, learned counsel appearing for respondent submits that the petitioner has sent the representation through email. So if a fresh representation is submitted, the same would be considered in accordance with law within a time bound manner. 4. Without expressing anything on the merits of the claim of the petitioner, this Court deems it appropriate to - 3 - HC-KAR NC: 2026:KHC-D:554 WP No. 101314 of 2022 issue necessary direction to consider the representation. Accordingly, this Court pass the following: ORDER i. The writ petition is disposed of. ii. Liberty is reserved to the petitioner to make a fresh representation within 2 weeks from the date of receipt of copy of this order. iii. Upon filing of fresh representation, the respondent/authority shall consider the same and pass appropriate orders in accordance with law within a period of 4 weeks thereafter. Sd/- JUSTICE K.S.HEMALEKHA EM Ct:VH List No.: 1 Sl No.: 4