Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 6946 (KAR)

SRI K T LAKSHMANA v. THE STATE OF KARNATAKA

WP/22362/2021 · 2026-02-25

H T Narendra Prasad

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:11728 WP No. 22362 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 22362 OF 2021 (S-RES) BETWEEN: SRI K T LAKSHMANA S/O THATHAIAH AGED ABOUT 64 YEARS R/AT NO 18, 2ND CROSS MRS LAYOUT, SUNKADAKATTE VISHWANEEDAM POST BENGALURU - 560091. …PETITIONER (BY SRI. SUNDARESH H C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA BENGALURU – 560001. 2. THE MANAGING DIRECTOR KARNATAKA HANDLOOM DEVELOPMENT CORPORATION LTD HEAD OFFICE PRIYADARSHINI NEKARA BHAVANA VIDHYA NAGARA HUBLI - 580001 …RESPONDENTS (BY SRI.G RAMESH NAIK, AGA FOR R1: SRI MANU D GOWDA, ADVOCATE FOR SRI. D NAGARAJ, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT TO CONSIDER THE REPRESENTATION FILED BY Digitally signed by MALATHI CHALUVA IYENGAR Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:11728 WP No. 22362 of 2021 THE PETITIONERS DATED 29.09.2021 AS PER ANNEXURE-G TO GRANT THE BENEFIT OF 4TH TIME BOUND PROMOTION WITH EFFECT FROM 13.4.2015 WITH ALL CONSEQUENTIAL BENEFITS AS PER THE OFFICIAL ORDER ISSUED BY THE RESPONDENT DATED 05.06.2021 AS PER ANNEXURE-E AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. The petitioner has called in question the order dated 17.02.2022 passed by respondent No.2 vide Annexure-H, insofar as it relates to non-granting financial benefits to the petitioner from 13.04.2015. 2. Petitioner joined the service of respondent- Corporation on 08.04.1991. In terms of the Regulations of the Corporation, the petitioner is entitled to a Time Bound Promotion to overcome stagnation every seven years. On completion of every seven years of service, owing to purport of the Regulations, the petitioner was granted Time Bound Promotion on three occasions on completion of every seven years of service. When it came to the Fourth Time Bound Promotion which was to be granted on - 3 - HC-KAR NC: 2026:KHC:11728 WP No. 22362 of 2021 13.04.2015, the respondent – Corporation did not accede to the request of the petitioner pursuant to which the petitioner gave a representation dated 07.07.2015 at Annexure-C seeking consideration of his case for Fourth Time Bound Promotion on completion of 28 years of service in terms of the Regulations. Since his representation was not considered, he approached this Court by filing W.P.No.484/2019. This Court, by order dated 07.12.2020, disposed of the said writ petition and directed the respondent-Corporation to consider the representation of the petitioner dated 07.07.2015 in accordance with law. Pursuant to the directions of this Court, the petitioner’s case was considered vide Annexure-H dated 17.02.2022 and Fourth Time Bound Promotion was granted from 13.04.2015. However, in the impugned order, it was clarified that the petitioner is entitled for monetary benefit from 01.04.2018. Being aggrieved by the said portion of the order dated 17.02.2022, the petitioner is before this Court. - 4 - HC-KAR NC: 2026:KHC:11728 WP No. 22362 of 2021 3. The Regulations of the Corporation is very clear that if the workmen of the factory unit have not got any promotion for more than 7 years in the existing cadre, he/she is entitled for Time Bond Promotion. The relevant Regulation of the Corporation is extracted below. “Regulation 41A :- The workmen of factory units of the Corporation shall be promoted to the next higher cadre if he/she remains without any promotion for more than 7 years in the existing cadre subject to the cadre and recruitment Rules. 4. The petitioner was appointed as a Workman Category-1 and he retired in the same post on 30.06.2017. As per the Regulations, on 13.04.1994, First Time Bond Promotion has been granted to the petitioner; on 13.04.2001, Second Time Bond Promotion has been granted and on 13.04.2008, Third Time Bond Promotion has been granted. On 13.04.2015, the petitioner was entitled for Fourth Time Bond Promotion. By impugned order dated 17.02.2022, Fourth Time Bond Promotion has - 5 - HC-KAR NC: 2026:KHC:11728 WP No. 22362 of 2021 been granted to the petitioner from 13.04.2015. However, in the same order, monetary benefit has been extended from 01.04.2018. This clause in the impugned order is without authority of law. No reasons are forthcoming in the impugned order for restricting the financial benefits to a later date. Therefore, the impugned order, insofar as it relates to denial of financial benefits from 13.04.2015, is unsustainable and is liable to be quashed. 5. Accordingly, the following order is passed: ORDER a) Writ petition is allowed. b) The impugned order dated 17.02.2022 passed by respondent No.2 vide Annexure-H, insofar as it relates to denial of financial benefits to the petitioner from 13.04.2015, is quashed. c) The respondent-Corporation directed to consider the representation submitted by the petitioner vide Annexure-G dated 29.09.2021, - 6 - HC-KAR NC: 2026:KHC:11728 WP No. 22362 of 2021 in accordance with law, within eight weeks from the date of receipt of copy of this order, keeping in view of the observations made herein. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 28