Karnataka High Court
Sri P C Umesh vs State Of Karnataka on 28 April, 2025
-1-
NC: 2025:KHC:17479
WP No. 4132 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF APRIL, 2025
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ
WRIT PETITION NO. 4132 OF 2025 (S-RES)
BETWEEN:
SRI. P.C. UMESH
S/O LATE CHINNAIAHA,
AGED ABOUT 54 YEARS,
ACETATE TOWN MANDYA,
MANDYA-571404.
...PETITIONER
(BY SMT. K. SHOBHA, ADVOCATE)
AND:
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPT.
GOVERNMENT OF KARNATAKA,
BY THE PRINCIPAL SECRETARY,
BANGALORE-560001.
2. THE MANAGING DIRECTOR,
Digitally KARNATAKA STATE MINERALS
signed by
SUMA CORPORATION LIMITED (KSMCL),
SHANTHI NAGAR, BENGALURU-560027
Location:
HIGH COURT REP. BY ITS MANAGING DIRECTOR
OF
KARNATAKA 3. GENERAL MANGER (A AND V),
KARNATAKA STATE MINERALS
CORPORATION LIMITED (KSMCL),
SHANTHI NAGAR, BENGALURU-560027.
4. THE DIRECTOR,
DIRECTORATE OF MUNICIPAL ADMINISTRATION,
9TH AND 10TH FLOOR,
VISHVESHWARAIAH TOWER,
AMBEDKAR ROAD,
SAMPANGIRAM NAGARA,
-2-
NC: 2025:KHC:17479
WP No. 4132 of 2025
VASANTH NAGAR, BENGALURU-560001
...RESPONDENTS
(BY SRI. H.K.KENCHEGOWDA, ADDITIONAL GOVERNMENT
ADVOCATE FOR RESPONDENT NOS.1 AND 4;
SMT. MONICA PAITL, ADVOCATE FOR RESPONDENT NOS.2 AND 3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS
TO CONSIDER THE REPRESENTATION MADE BY THE PETITIONER AS
PER ANNEXURE-N, P, Q, R DATED 20.06.2023, 02.09.2023,
04.11.2023, 06.11.2024 AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R. NATARAJ
ORAL ORDER
The petitioner has sought for a writ in the nature of mandamus to direct the respondents to consider his representation dated 20.06.2023, 02.09.2023, 04.11.2023 and 06.11.2024. He has also sought for a writ in the nature of mandamus to direct the respondent No.2 to consider his representation and relieve him after payment of his salary and other service benefits. He has also sought for a direction to issue a service certificate and to pay the pending salary with arrears from 2022 to till date.
2. The petitioner contends that he was appointed in Mysore Acetate and Chemicals Limited as a driver on 19.04.1996 and after completion of his probationary period, his -3- NC: 2025:KHC:17479 WP No. 4132 of 2025 service was regularized on 08.05.1997, in the pay scale of Rs.940-1109-1400-1680. He contends that in the year 03.01.2001, Mysore Acetate and Chemicals Limited deputed 45 of its employees to various departments due to financial crunch, including the petitioner, who was deputed to the Mandya City Municipal Council, under respondent No.4. Thereafter, the Government of Karnataka passed an order dated 09.12.2025 merging all employees of Mysore Acetate and Chemicals Limited into Karnataka State Minerals Corporation Limited (henceforth referred to as 'KSMCL' for short) on temporary basis, where the petitioner worked as a driver. Thereafter, respondent No.2 issued an official memorandum intimating the petitioner regarding the terms and conditions of the merger and further deputed him to work at Subbarayanahalli Iron Ore Mines as a driver. The respondent No.4 issued a letter relieving the services of the petitioner, consequent to which he reported as a driver at Subbarayanahalli Iron Ore Mines, Bellary. He continued to work at Subbarayanahalli Iron ore Mines without any obstruction. He contends that during his tenure, he fell ill and therefore, was absent from duty from July 2020 to February 2021. He had -4- NC: 2025:KHC:17479 WP No. 4132 of 2025 furnished a medical certificate before the respondent Nos.2 and
3. Nonetheless, the respondent Nos.3 and 4 issued a memo for unauthorized absence.
3. The petitioner contends that on 09.03.2022, the State Government had issued a government order and framed Rules in exercise of the power conferred under Section 323 of the Karnataka Municipalities Act, 1964, for the absorption of some employees of the Mysore Acetate and Chemicals Limited in urban local bodies. Accordingly, the service of the petitioner was absorbed at Mandya City Municipal Council as a driver. The respondent No.4 addressed a letter to the respondent No.2 requesting it to provide the relieving and experience letter of the petitioner in view of his absorption at Mandya City Municipal Council. Mandya City Municipal Council issued a letter dated 03.11.2022, providing the service details at the respondent Nos.2 and 3. The petitioner contends that he submitted several representations to the respondent Nos.2 and 3 for issuing the service certificate and for relieving him from duty as per the Government Order dated 09.03.2022. He contends that his representation is not considered till date. He further contends that while he was in service at the respondent -5- NC: 2025:KHC:17479 WP No. 4132 of 2025 No.2, it had issued a show-cause notice for the unauthorized absence from his work and he replied that he had produced medical certificate justifying his absence from duty. He contends that respondent Nos.2 and 3 did not consider the medical certificate and did not release the salary and other benefits. He claims that his salary was paid until 2022, and after that, the respondent No.2 stopped disbursing his salary without any valid reason. Therefore, the petitioner is before this Court seeking for the aforementioned directions.
4. The learned counsel for the petitioner contends that the petitioner has furnished necessary medical records to justify his unauthorized absence and therefore, it was incumbent upon the respondent Nos.2 and 3 to consider the medical certificates. She contends that now that the service of the petitioner is placed with the Mandya City Municipal Council, which has called upon the petitioner to furnish his service details and therefore, the respondent Nos.2 and 3 are bound to furnish the details so as to enable the petitioner to continue his employment at the Mandya City Municipal Council. She therefore prays that directions be issued to the respondents to consider the representation and issue the service certificate and -6- NC: 2025:KHC:17479 WP No. 4132 of 2025 also relieve him from duties. She also prays that suitable directions be issued to the respondents to release the arrears of salary.
5. The learned counsel for the respondent Nos.2 and 3 submits that the representations of the petitioner shall be considered in accordance with law and appropriate orders will be passed.
6. I have considered the submissions of the learned counsel for the petitioner and the learned counsel for the respondent Nos.2 and 3.
7. It appears from the records placed along the writ petition that the State Government had passed an order absorbing employees of Mysore Acetate and Chemicals Limited into urban local bodies and the petitioner was absorbed at the Mandya City Municipal Council as a driver. The respondent No.4 has called upon the petitioner to furnish his particulars of service rendered earlier at the respondent Nos.2 and 3. Though the petitioner had requested the respondent Nos.2 and 3 to furnish the service certificate, the same is not considered till date. This would definitely affect the service of the -7- NC: 2025:KHC:17479 WP No. 4132 of 2025 petitioner. Besides this, since it is contended that the respondent Nos.2 and 3 had paid the salary until 2022, there is no justification for the respondent Nos.2 and 3 in withholding the salary that too without taking any steps for the alleged unauthorized absence.
8. In that view of the matter, this writ petition is allowed. The respondent Nos.2 and 3 are directed to consider the medical certificates filed by the petitioner, justifying his absence from duty and also consider his representations for issuance of a service certificate/relieving letter to continue duty at the respondent No.4. If the petitioner is entitled for the arrears of salary, the respondent Nos.2 and 3 shall also take proper and effective measures to ensure that the arrears of salary is paid to the petitioner. This shall be complied within a period of eight weeks from the date of receipt of a copy of this order.
Sd/-
(R. NATARAJ) JUDGE BKN List No.: 1 Sl No.: 8