Karnataka High Court
K N Godamani vs The State Of Karnataka on 29 May, 2023
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WP No. 10808 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF MAY, 2023
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
WRIT PETITION NO. 10808 OF 2023 (S-R)
BETWEEN:
1. K. N. GODAMANI
W/O D. GOPALAKRISHNA
AGED ABOUT 75 YEARS
R/AT 749, SAMPIGE 6TH BLOCK,
DR. RAJKUMAR ROAD,
RAJAJINAGAR,
BENGALURU - 560010.
2. DR. D. GOPALAKRISHNA
S/O D. RAMACHAR
AGED ABOUT 75 YEARS
R/AT 749, SAMPIGE 6TH BLOCK,
DR. RAJKUMAR ROAD,
RAJAJINAGAR,
BENGALURU - 560010.
Digitally signed by
ARUN KUMAR M S
3. AGNES MADHURAVANI M.
Location: HIGH COURT W/O SAMUEL JOSEPH MICHAEL
OF KARNATAKA
AGED ABOUT 75 YEARS AND 8 MONTHS
R/AT NO.01, C S I COMPOUND
2ND CROSS, MISSION ROAD,
P. KALINGA ROAD,
BENGALURU - 560078.
4. SULOCHANA V. N.
W/O N. BALAKRISHNA
AGED ABOUT 76 YEARS
R/AT NO.219, I FLOOR,
4TH 'B' CROSS, KASTURI NAGAR,
EAST OF NGEF LAYOUT,
BENGALURU - 560043.
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WP No. 10808 of 2023
5. UMADEVI R. PARAMANAND
D/O LATE K. W. PARAMANAND
AGED ABOUT 77 YEARS
R/AT NO.44, 2ND CROSS,
VINAYAKA LAYOUT, BHOOPSANDRA
BENGALURU - 560094.
6. SUKRUTHARTHY KRISHNAN
W/O N. KRISHNAN,
AGED ABOUT 80 YEARS
R/AT NO.868, PREETHI,
18TH MAIN 18TH CROSS,
BANASHANAKRI 2ND STAGE
BENGALURU - 560010.
7. S.K. VANAJA
W/O H. S. NAGARAJA
AGED ABOUT 75 YEARS
R/AT NO.55, 6TH MAIN,
GAURAV NAGAR,
J P NAGAR 7TH PHASE,
BENGALURU - 560078.
8. KAMALA V.
D/O B. VENKATA SUBBHARAO
AGED ABOUT 80 YEARS
R/AT OLD NO -16/1,
NEW NO.51, 7TH CROSS,
MALLESHWARAM,
BENGALURU - 560003.
9. HARWALKAR G. S.
S/O LATE SRINIVAS RAO
AGED ABOUT 75 YEARS
R/AT NO.1-891/25B,
PLOT NO.18N, G. O. COLONY
JEWARGI, KALBURGI - 585103.
10. LANCELOT VICTOR ANDRADE
S/O LATE VICTOR ANDRADE
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WP No. 10808 of 2023
AGED ABOUT 78 YEARS
R/AT 246, LUDMILA 2ND MAIN,
5TH CROSS, NARAYANAPURA
DHARWAD - 580008.
11. MRS. PHILOMENA FERIDA
D/O D P MUTHUR
AGED ABOUT 74 YEARS
R/AT NO.B - 002, GINA LIVING WATER,
CHELIKERE MAIN ROAD,
KALYANNAGAR,
BENGALURU - 560043.
12. LILLY LOBO
D/O A. G. LOBO (ANTONY GREGORY)
AGED ABOUT 80 YEARS
R/AT NO.19
BRUNTON CROSS ROAD,
RICHMOND TOWN,
BENGALURU - 560025.
13. A. KRIPANIDHI
S/O AMENCHERPA NARASIMHA RAO,
AGED ABOUT 80 YEARS,
R/AT FLAT NO.501,
JAY DHANUSH APARTMENTS,
EAST MAREDPALLY ,
SECUNDERABAD - 500026.
14. THIMMAIAH G. H.
S/O G. HANUMANTHAIAH
AGED ABOUT 81 YEARS
R/AT NO.3953 3RD MAIN,
17TH 'D' CROSS, BSR 2ND STAGE,
BENGALURU - 560070.
15. G N BYRA REDDY
S/O NARAYANA REDDY AGED ABOUT 77 YEARS
R/AT NO.1/9 MOUNTAIN STREET
JAYANAGAR I BLOCK
BENGALURU - 560011.
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16. M. L. LALITHAMMA
D/O K. N. LAKSHMI KANTHAIAH
AGED ABOUT 83 YEARS
R/AT NO.420, GROUND FLOOR,
8TH MAIN PADMANABHANAGAR,
BENGALURU - 560070.
17. C. SHAMSHUNNISA
W/O ANWER ALI KHAN ZAI
AGED ABOUT 81 YEARS,
R/AT NO.218, 37TH CROSS,
14TH MAIN, JAYANAGAR,
4TH 'T' BLOCK,
BENGALURU - 560041.
18. ARUN S. R.
W/O LATE D. K. VENKATESHWARAN,
AGED ABOUT 72 YEARS,
R/AT 505, ASHWINI I CROSS,
8TH BLOCK, KORAMANGALA,
BENGALURU - 560025.
19. B. H. NAGARATHNAMMA
W/O N. HANUMANTHARAYA
AGED ABOUT 79 YEARS
R/AT NO 18, 2ND 'A' CROSS,
I MAIN , I STAGE,
KHB COLONY,
BASAVESHWARANAGAR,
BENGALURU NORTH,
BENGALRUU - 560079.
20. GOWRISHANKAR
S/O LATE VEERABHADRACHARYA,
AGED ABOUT 77 YEARS,
R/AT NO.42, I MAIN ROAD,
COCONUT GARDEN
NAGARBHAVI,
BENGAURU - 560072.
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21. K. RADHAKRISHNAN
S/O LATE K. KARUNAKARAN
AGED ABOUT 76 YEARS
R/AT NO.6 'C' EVALIA PAUL ALLUKAS DEVELOPERS
PACHALAM ERNAKULAM
KERALA - 682012.
22. K. ADINARYAANA
S/O LATE K. NAGAPPA
AGED ABOUT 77 YEARS
R/AT NO.377,2ND MAIN
HMT LAYOUT, ANAND NAGAR,
HEBBAL,
BENGALURU - 560024.
23. B. HARISHCHANDRA
S/O LATE B. RAMBHAT
AGED ABOUT 76 YEARS
R/AT KHB COLONY,
GANDHINAGAR,
YELAHANKA OLD TOWN
BENGALURU - 560064
...PETITIONERS
(BY SRI. RAMANANDA A.D., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF HIGHER EDUCATION
6TH FLOOR, M. S. BUILDING
BENGALURU - 560001.
2. DEPARTMENT OF FINANCE
REP. BY PRINCIPAL SECRETARY
VIDHANA SOUDHA
AMBEDKAR VEEDHI
BENGALURU - 560001.
3. THE OFFICE OF THE ACCOUNTANT GENERAL
(A AND E), PARK HOUSE ROAD,
POST BOX NO 5329
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WP No. 10808 of 2023
BENGALURU - 560001.
...RESPONDENTS
(BY SRI. M.S. NAGARAJA, AGA FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENTS NO. 1 TO 3 TO FIX THE REVISED
PENSION ON PARITY GROUNDS IN TERMS OF THE JUDGEMENT
PASSED BY THIS HON'BLE COURT IN W.P. NO.23577/2014
DATED 01.07.2021 VIDE ANNEXURE-A AND AS PER THE
JUDGEMENT PASSED IN WP.NO.2852/2022 DATED 20.03.2023
VIDE ANNEXURE-B AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. Heard learned counsel appearing for the parties.
2. The relief sought for by the petitioners is with regard to fixing the revised pension in terms of the Order dated 01.07.2021 passed by this Court in W.P. No.23577/2014.
3. Having taken note of the factual aspects on record, in order to issue a writ of mandamus, there must be a demand and refusal, or the petitioners ought to have approached -7- WP No. 10808 of 2023 respondent Nos.1 to 3 seeking relief as sought for in the writ petition. In the absence of the same, I am of the view that the petitioners be permitted to approach respondent Nos.1 and 2 seeking relief as sought for in the writ petition and if such a representation is made within two weeks from the date of receipt of copy of this Order, respondent Nos.1 and 2 shall consider the same and pass orders in accordance with law, taking into consideration the law declared by this Court in the case of W.P. No.23577/2014 disposed of on 01.07.2021 (Annexure-A) to the writ petition, within eight weeks thereafter.
4. Ordered accordingly.
5. Writ Petition stands disposed of.
SD/-
JUDGE sac*