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2026 DAILYLAW 52782 (KAR)

The State Of Karnataka v. M Virupaxayya

WP/102922/2024 · 2026-01-30

B Muralidhara Pai, M I Arun

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:1204-DB WP No. 102922 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 30TH 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. 102922 OF 2024 (S-KAT) BETWEEN: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT (SERVICE-1), M.S. BUILDING, BENGALURU-560 001. 2. THE COMMISSIONER, DIRECTORATE OF EMPLOYMENT AND TRAINING, KOUSHALYA BHAVAN, NEAR DAIRY CIRCLE, BANNERGHATTA ROAD, BENGALURU-560 029. 3. THE ACCOUNTANT GENERAL, (A AND E) PARK HOUSE ROAD, BENGALURU-560 001. 4. THE PRINCIPAL-GRADE-I, GOVT. INDUSTRIAL TRAINING CENTRE, BALLARI-583 101. … PETITIONERS (BY SRI G.K. HIREGOUDAR, PRINCIPAL GOVT. ADVOCATE) Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2026:KHC-D:1204-DB WP No. 102922 of 2024 AND: SHRI M. VIRUPAXAYYA, AGE. 70 YEARS, OCC. RTD. FDA, R/O. PLOT NO./2/A 1ST CROSS, NEAR KALPATARU SCHOOL, SHANKAR COLONY, S.N. PET, BALLARI-584 104. … RESPONDENT (BY SRI A. VEERANNA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS IN APPLICATION NO.11050/2022 ON THE FILE OF THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BELAGAVI; ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION SETTING ASIDE THE IMPUGNED ORDER DATED 17.07.2023 IN A.NO.11050/2022, ON THE FILE OF THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BELAGAVI, VIDE ANNEXURE-A AND ETC. THIS PETITION IS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, 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 - 3 - HC-KAR NC: 2026:KHC-D:1204-DB WP No. 102922 of 2024 ORAL ORDER (PER: THE HON'BLE MR JUSTICE M.I.ARUN) 1. Aggrieved by the order passed in Application No.11050 of 2022 by the Karnataka State Administrative Tribunal, Belagavi (hereinafter referred to as ‘Tribunal’), the State has preferred this Writ Petition. 2. The order passed by Tribunal reads as under: “11. Accordingly, application is allowed. The impugned Endorsement bearing No. PÉÊvÀG/vÀgÀ¨ÉÃw/DqÀ½vÀ-5/«ªÀ-22/17-18 dated 24.07.2021 (Annexure-A13) issued by the 2nd Respondent is hereby quashed and set-aside. The Respondents 1 to 3 are directed to extend totally 8 years of qualifying service under Rule to applicant within four months from the date of receipt of copy of this order. A copy of this order will be also made available by the learned AGA to the Chief Secretary, Government of Karnataka for consideration and bringing necessary amendment to the Rules for providing benefit and calculation of additional qualifying service on the date of appointment and not on the date of retirement.” - 4 - HC-KAR NC: 2026:KHC-D:1204-DB WP No. 102922 of 2024 3. Learned counsel for the petitioners submits that the order passed by the Tribunal in Application No.11050 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 respondent has no objections to the same. 5. In view of the above submissions, this Court passes the following: ORDER i) The impugned order passed in Application No.11050 of 2022, by the Karnataka State Administrative Tribunal, Belagavi stands modified - 5 - HC-KAR NC: 2026:KHC-D:1204-DB WP No. 102922 of 2024 in terms of the order passed by this Court in W.P.No.16582/2023 and other connected matters. ii) The respondent 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.: 3 SL NO.: 8