Karnataka High Court
State Of Karnataka vs Sri K B Muddappa on 31 October, 2025
Author: S.G.Pandit
Bench: S.G.Pandit
-1-
WP No.16582 of 2023
AND CONNECTED MATTERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF OCTOBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE S.G.PANDIT
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
W.P. NO.16582/2023 (S-KSAT)
C/W
W.P. NO.13427/2022, W.P. NO.18490/2022,
W.P. NO.20687/2022, W.P. NO.4099/2023,
W.P. NO.12931/2023 AND W.P. NO.26337/2023
(S-KSAT)
IN W.P. NO.16582/2023:
BETWEEN:
1. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
TO GOVERNMENT
DEPT. OF PERSONNEL AND
ADMINISTRATIVE REFORMS SERVICES,
VIDHANA SOUDHA, BENGALURU-560001.
2. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
TO GOVERNMENT, FINANCE DEPARTMENT,
VIDHANA SOUDHA, BENGALURU-560001.
3. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
TO GOVERNMENT,
DEPARTMENT OF AGRICULTURE
AND SERICULTURE, M S BUILDING,
BENGALURU-560001.
4. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
TO GOVERNMENT,
SOCIAL WELFARE DEPARTMENT,
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WP No.16582 of 2023
AND CONNECTED MATTERS
VIKASA SOUDHA, BENGALURU-560001.
5. THE ACCOUNTANT GENERAL IN KARNATAKA
PARK HOUSE ROAD, BENGALURU-560001.
6. THE SECRETARY TO GOVERNMENT
REVENUE DEPARTMENT,
REGISTRATION AND STAMPS,
M S BUILDING, BENGALURU-560001.
7. THE DIRECTOR
DEPARTMENT OF HORTICULTURAL
DEVELOPMENT, M S BUILDING,
BENGALURU-560001.
8. THE DIRECTOR
DEPARTMENT OF SOCIAL WELFARE,
M S BUILDING, BENGALURU-560001.
9. THE COMMISSIONER OF TRANSPORT
A BLOCK, BMTC COMPLEX,
1ST FLOOR, SHANTHINAGAR,
BENGALURU-560027.
10. THE INSPECTOR GENERAL OF
REGISTRATION AND
COMMISSIONER OF STAMPS
KANDAYA BHAVAN, 8TH FLOOR,
KG ROAD, BANGALORE-560027.
11. CHIEF EXECUTIVE OFFICER
ZILLA PANCHAYATH, CHITRADURGA,
CHITRADURGA DISTRICT-577501.
12. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
TO GOVERNMENT, RDPR DEVELOPMENT,
M S BUILDING, BENGALURU-560001.
...PETITIONERS
(BY SRI. REUBEN JACOB, AAG A/W
SRI B RAVINDRANATH, AGA)
AND:
1. SRI M N SRINIVAS S/O NARAYANAPPA,
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WP No.16582 of 2023
AND CONNECTED MATTERS
AGED ABOUT 63 YEARS,
RETD. SUB REGISTRAR,
DEPARTMENT OF STAMPS AND REGISTRATION,
R/O NO.228, 9TH CROSS, TELE COM LAYOUT,
K P AGRAHARA, BANGALORE-560023.
2. SRI S T NAGARAJA
S/O S M THIMMAPPA,
AGED ABOUT 65 YEARS,
RETD. OFFICE SUPERINTENDENT,
RDPR DEPARTMENT,
R/O NO.72, SANGAMESHWARA,
BANK COLONY, CHITRADURGA-577501.
3. SMT. SHAMALA DEVI K W/O RAVI V R,
AGED ABOUT 67 YEARS,
RETD. FIRST DIVISION ASSISTANT,
SERICULTURE DEPARTMENT,
R/O NO.115, 3RD MAIN,
4TH CROSS, M E I LAYOUT,
BAGALAGUNTE, BANGALORE-560073.
4. SMT. K BHARATHI W/O V GOPAL,
AGED ABOUT 68 YEARS,
RETD. TYPIST, SERICULTURE DEPT,
R/O NO.6/1, OFF: SFHS,
RTI QUARTERS, NANDHINI LAYOUT,
BANGALORE-560096.
5. SRI C MANJUNATHA S/O THIRUKAPPA,
AGED ABOUT 66 YEARS,
RETD. SERICULTURE OPERATIVE,
SERICULTURE DEPARTMEN,
R/O NO.44, 2ND CROSS, BLUE FLIED GARDEN,
VIDHYARANYAPURA, BENGALURU-560097.
6. SRI JAYAPRAKASH K G
S/O LATE GANGADHARAPPA K,
AGED ABOUT 67 YEARS,
RETD. FIRST DIVISION ASSISTANT,
SERICULTURE DEPARTMENT,
R/O NO.848, RUDRAGIRI NEW NO.1,
1ST C MAIN, 6TH CROSS, L N COLONY,
YESHWANTHPURA, BANGALORE-560022.
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WP No.16582 of 2023
AND CONNECTED MATTERS
7. SRI A R KRISHNA SHASTRY
S/O ANANTHARAMA SHASTRY,
AGED ABOUT 71 YEARS,
RETD. FIRST DIVISION ASSISTANT,
TRANSPORT DEPARTMENT,
R/O NO.25, MAYLARA KRUPA,
HOSAHALLI ROAD, SOMAPUR GATE,
SARJAPURA ROAD, BANGALORE-562125.
8. SRI T V RAMAKRISHNAPPA
S/O LATE VENKATARAMANA GOWDA,
AGED ABOUT 65 YEARS,
RETD. FDA, SOCIAL WELFARE DEPT,
R/O NO.551, CHAMUNDESHWARI NILAYA,
JANANI LAYOUT, ADARSHA NAGARA,
MALURU-563130.
9. SRI A R SRIVATSALA S/O RANGASWAMY SHETTY,
AGED ABOUT 69 YEARS, RETD FDA, RTO DEPT,
R/O NO.11, 5TH CROSS, SRIRAMA LAYOUT,
JNANAJYOOTHI NAGARA, BANGALORE-560056.
10. SRI PARASHIVAMURTHY S/O LATE DEVAPPA,
AGED ABOUT 64 YEARS,
RETD. SUPERINTENDENT,
TRANSPORT DEPT, R/O NO.12,
5TH CROSS, SRIRAMA LAYOUT,
JNANAJYOTHINAGARA, BANGALORE-560056.
11. SRI MUNISWAMAPPA S/O CHOWDAPPA,
AGED ABOUT 65 YEARS,
RETD. GARDENER IN HORTICULTURAL,
HULIMAVE, BANGALORE
HOUSE NO.204, VENKATAPURA,
2ND MAIN ROAD, BANGALORE-560034.
12. SRI R CHANDRASHEKARAIAH
S/O LATE K RUDARAIAH,
RETD., SUB REGISTRAR,
DEPARTMENT OF STAMPS
AND REGISTRATION, NO.21, 19TH MAIN ROAD,
J C NAGAR, WEST OF CHORD ROAD,
KURABARAHALLI, BANGALORE-560086.
...RESPONDENTS
(BY SRI. V S RAVINDRA HOLLA, ADV. FOR
C/R11 AND ALSO FOR R1 TO R10 & R12)
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WP No.16582 of 2023
AND CONNECTED MATTERS
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO A. CALL FOR
RECORDS FROM KSAT IN A. NOS. 5189 TO 5200/2021; B.
ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OF THE
NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT
OR ORDER OR DIRECTION TO QUASH THE ORDER PASSED BY
THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT
BENGALURU IN APPLICATION NO.5189 TO 5200/2021 DATED
28-03-2022 VIDE ANNEXURE-A TO THE
WRIT PETITION AND ETC.
IN W.P. NO.13427/2022:
BETWEEN:
1. STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
TO GOVERNMENT,
DEPARTMENT OF PERSONNEL AND
ADMINISTRATIVE REFORMS SERVICES,
VIDHANA SOUDHA, BENGALURU-560001.
2. STATE OF KARNATAKA
REP. BY ITS PRINCIPAL
SECRETARY TO GOVERNMENT,
DEPARTMENT OF FINANCE,
VIDHANA SOUDHA, BENGALURU-560001.
3. THE ACCOUNTANT GENERAL IN KARNATAKA,
PARK HOUSE ROAD, BENGALURU-560001.
4. STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
TO GOVERNMENT,
DEPARTMENT OF HEALTH AND FAMILY WELFARE,
M S BUILDING, BENGALURU-560001.
5. STATE OF KARNATAKA
REP. BY ITS DIRECTOR,
DEPARTMENT OF HEALTH AND
FAMILY WELFARE, M S BUILDING,
ANAND RAO CIRCLE, BENGALURU-560001.
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WP No.16582 of 2023
AND CONNECTED MATTERS
6. THE STATE OF KARNATAKA
REP. BY ITS PRL. SECRETARY
TO GOVERNMENT,
RURAL DEVELOPMENT AND
PANCHAYAT RAJ DEPARTMENT,
M S BUILDING, BENGALURU-560001.
...PETITIONERS
(BY SRI REUBEN JACOB, AAG A/W
SRI B RAVINDRANATH, AGA)
AND:
1. SRI S HANUMANTHACHAR S/O KRISHNACHAR,
AGED ABOUT 70 YEARS,
RETIRED JUNIOR HEALTH ASSISTANT,
HEALTH DEPARTMENT,
O/O HEALTH AND FAMILY WELFARE
TRAINING CENTRE, BENGALURU
R/O GB FLAT NO.9 AND 30,
SLV PEARL APARTMENT, KENCHANAHALLI,
RAJARAJESHWARINAGARA, BENGALURU-560098.
2. SRI M SHIVANNA S/O LATE MARAPPA,
AGED ABOUT 68 YEARS,
RETD. EXTENSION OFFICER,
RDPR DEPARTMENT,
O/O TALUK PANCHAYAT OFFICE,
K R NAGAR TALUK OFFICE,
R/O SHAIVA NILAYA, EKAMBARAM LAYOUT,
NEAR WATER TANK, PRAGATHINAGAR,
NANJANGUDU, MYSORE-570130.
3. THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHAYATH, NANJANAGUDU,
MYSORE DISTRICT-571301.
4. G.T. SOMASHEKARAPPA,
S/O THIPPESWAMY E.N,
AGED ABOUT 67 YEARS,
RETD. ASSISTANT DIRECTOR,
DEPARTMENT OF RDPR,
R/O GHATAPARTHY (PO),
CHALLAKERE TALUK,
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WP No.16582 of 2023
AND CONNECTED MATTERS
CHITRADURGA-577543.
...RESPONDENTS
(BY SRI V.S. RAVINDRA HOLLA, ADV. FOR
C/R11 AND ALSO FOR R1 & R2
SRI N KHETTY, ADV. FOR
SMT. AKKAMAHADEVI HIREMATH, ADV. FOR R4)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR
THE RECORDS IN APPLICATION NO.1005/2018 C/W 7627/2018
ON THE FILE OF THE KARNATAKA ADMINISTRATIVE TRIBUNAL,
BENGALURU AS PER ANNEXURES-A AND B; B) ISSUE A WRIT
OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER
OR DIRECTION SETTING ASIDE THE IMPUGNED ORDER DATED
24/09/2020 IN APPLICATION NO.1005/2018 C/W 7627/2018,
ON THE FILE OF THE KARNATAKA ADMINISTRATIVE TRIBUNAL,
BENGALURU, AS PER ANNEXURES-A AND B AND ETC.
IN W.P. NO.18490/2022:
BETWEEN:
THE STATE OF KARNATAKA
REP. BY ITS SECRETARY TO GOVT.
DEPARTMENT OF PERSONNEL AND
ADMINISTRATIVE REFORMS,
VIDHANA SOUDHA,
BENGALURU-560001.
...PETITIONER
(BY SRI.REUBEN JACOB, AAG A/W
SRI B RAVINDRANATH, AGA)
AND:
1. SRI S RAMAIAH S/O LATE SHIVAIAH,
AGED ABOUT 68 YEARS,
REF. SENIOR ASSISTANT,
KSAT, K G ROAD, BENGALURU,
R/AT MANDYA DISTRICT-571435.
2. THE HONBLE KARNATAKA STATE
ADMINISTRATIVE TRIBUNAL
AT BENGALURU BY ITS REGISTRAR,
KANDAYA BHAVAN, K G ROAD,
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WP No.16582 of 2023
AND CONNECTED MATTERS
BENGALURU-560009.
...RESPONDENTS
(BY SRI. M. MADHUSUDAN, ADV. FOR R1
SRI RAGHAVENDRA GAYATRI, ADV. FOR R2)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
RECORDS IN A.NO.4534/2021 ON THE FILE OF THE KSAT
BENGALURU AND 2) ISSUE A WRIT OF CERTIORARI OR ANY
OTHER APPROPRIATE WRIT, ORDER OR DIRECTION SETTING
ASIDE THE IMPUGNED ORDER DATED 20.12.2021 IN
A.NO.4534/2021 (ANNEXURE-A) ON THE FILE OF KARNATAKA
STATE ADMINISTRATIVE TRIBUNAL, BENGALURU.
IN W.P. NO.20687/2022:
BETWEEN:
THE STATE OF KARNATAKA
REP. BY ITS SECRETARY TO GOVERNMENT
DEPARTMENT OF PERSONNEL AND
ADMINISTRATIVE REFORMS
VIDHANA SOUDHA
BENGALURU - 560001,
...PETITIONER
(BY SRI.REUBEN JACOB, AAG A/W
SRI B RAVINDRANATH, AGA)
AND:
1. S M MOHAN RAJU
S/O S R MANJAPPA SHETTY
AGED ABOUT 69 YEARS
REF. SENIOR ASSISTANT
KSAT, K G ROAD, BENGALURU.
R/AT DHARMASHASTA NILAYA
NO.329, GOVERNMENT LOWER PRIMARY S
CHOOL ROAD, 2ND CROSS, J.P. NAGAR
BELUR, HASSAN DISTRICT -573115.
2. THE HON'BLE KARNATAKA
STATE ADMINISTRATIVE TRIBUNAL
AT BENGALURU, BY ITS REGISTRAR
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WP No.16582 of 2023
AND CONNECTED MATTERS
KANDAYA BHAVAN
K G ROAD, BENGALURU-560009
...RESPONDENTS
(BY SRI. M. MADHUSUDAN, ADV. FOR R1
SRI RAGHAVENDRA GAYATRI, ADV. FOR R2)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR
RECORDS IN APPLICATION NO.462/2021 ON THE FILE OF THE
KARNATAKA STATE AND ADMINISTRATIVE TRIBUNAL,
BENGALURU; B) ISSUE A WRIT OF CERTIORARI OR ANY OTHER
APPROPRIATE WRIT, ORDER OR DIRECTION SETTING ASIDE
THE IMPUGNED ORDER DATED 05/01/2022 IN
A.NO.4622/2021, ON THE FILE OF THE KARNATAKA STATE
ADMINISTRATIVE TRIBUNAL, BENGALURU VIDE
ANNEXURE-A AND ETC.
IN W.P. NO.4099/2023:
BETWEEN:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
FINANCE DEPARTMENT,
VIDHANA SOUDHA, BANGALORE-560 001.
2. THE SECRETARY
DEPARTMENT OF PERSONNEL AND
ADMINISTRATIVE REFORMS,
VIDHANA SOUDHA, BENGALURU-560 001.
3. THE ACCOUNTANT GENERAL IN KARNATAKA
(A AND E) DIVISION,
NEW BUILDING, BANGALORE-560 001.
...PETITIONERS
(BY SRI.REUBEN JACOB, AAG A/W
SRI. B RAVINDRANATH, AGA)
AND:
SRI. ASHOK APPANNA MINACHE
S/O. APPANNA,
AGED ABOUT 68 YEARS,
RETIRED SENIOR ASSISTANT,
DPAR DEPARTMENT, M.S. BUILDING,
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WP No.16582 of 2023
AND CONNECTED MATTERS
BANGALORE, R/O. H.NO.612, S
RINIVASA NAGAR, SUNKADAKATTE,
BANGALORE-560 091.
...RESPONDENT
(BY SRI. ASHOK MINACHE, (PARTY-IN-PERSON))
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
RECORDS; QUASH THE IMPUGNED ORDER DATED 21.04.2022
IN A.NO-4962/2021 PASSED BY THE KSAT BENGALURU IN THE
INTEREST OF JUSTICE AND EQUITY (ANNEXURE-A) AND ETC.
IN W.P. NO.12931/2023:
BETWEEN:
1 . THE STATE OF KARNATAKA
DEPARTMENT OF FINANCE,
VIDHANA SOUDHA, BENGALURU-560 001,
REP. BY ITS PRINCIPAL SECRETARY.
2 . THE COMMISSIONER
COMMERCIAL TAXES IN KARNATAKA,
VANIJYA THERIGE KARYALAYA,
GANDHINAGARA, BENGALURU-560 009.
...PETITIONERS
(BY SRI.REUBEN JACOB, AAG A/W
SRI. B RAVINDRANATH, AGA)
AND:
1. T. K. ANAND
S/O. H. B. KSHETRAPALAIAH,
AGED ABOUT 60 YEARS,
RETIRED FIRST DIVISION ASSISTANT,
O/O JOINT COMMISSIONER OF
COMMERCIALS TAXES,
(ADMN.) DGSTO-02,
BENGALURU-560 047.
2. H. R. SAVITHRI
W/O. R. RAGHUPRASAD,
AGED ABOUT 59 YEARS,
WORKING AS COMMERCIAL TAX INSPECTOR,
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WP No.16582 of 2023
AND CONNECTED MATTERS
O/O JOINT COMMISSIONER OF
COMMERCIAL TAXES,
(ADMN.) DGSTO-02, BENGALURU-560 047.
3. M. R. GAYATHRI
W/O. K. N. CHANDRA SHEKAR,
AGED ABOUT 60 YEARS,
WORKING AS
COMMERCIAL TAX INSPECTOR,
O/O JOINT COMMISSIONER OF
COMMERCIAL TAXES,
(ADMN.) DGSTO-02, BENGALURU-560 047.
4. CHAMPAKAVATHI
AGED ABOUT 64 YEARS,
W/O. M. D. BALAKRISHNA,
RETIRED AS TYPIST,
R/O. 5, ITI LAYOUT,
RADHA NILAYAM, NEW BEL ROAD,
RMV EXTENSION, 2ND BLOCK,
BENGALURU-560 094.
5. C. ARUL MARIE
W/O. VENUGOPAL,
AGED ABOUT 58 YEARS,
WORKING AS
COMMERCIAL TAX INSPECTOR,
O/O JOINT COMMISSIONER OF
COMMERCIAL TAXES,
(ADMN.) DGSTO-05, BENGALURU-560 047.
6. M. S. SHANTHA
W/O. R. MOHAN RAO,
AGED ABOUT 58 YEARS,
WORKING AS TYPIST,
O/O JOINT COMMISSIONER OF
COMMERCIAL TAXES,
(ADMN.) DGSTO-04, BENGALURU-560 047.
7. T. K. PADMA W/O. H. K. VITTAL,
AGED ABOUT 61 YEARS,
RETIRED AS STENOGRAPHER,
R/AT NO. 99/1/44, 3RD BLOCK, 3RD CROSS,
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WP No.16582 of 2023
AND CONNECTED MATTERS
THYAGARAJANAGAR, BENGALURU-560 028.
8. S. B. CHANDRA SHEKAR
S/O. LATE BORAIAH,
AGED ABOUT 58 YEARS,
WORKING AS
COMMERCIAL TAX INSPECTOR,
O/O JOINT COMMISSIONER OF
COMMERCIAL TAXES, LGSTO-027,
BENGALURU-560 047.
9. T. GOVINDAIAH
S/O. LATE THIRUMALAIAH,
AGED ABOUT 61 YEARS,
RETIRED AS COMMERCIAL TAX INSPECTOR,
R/AT NO. 453, 10TH CROSS,
1ST STAGE, WEST OF CHORD ROAD,
BENGALURU-560 010.
10 . VITTAL DAS
S/O. LATE K. R. VENKATARAMAIAH,
AGED ABOUT 58 YEARS,
WORKING AS
COMMERCIAL TAX INSPECTOR,
O/O JOINT COMMISSIONER OF
COMMERCIAL TAXES, (ADMN.)
DGSTO-04, BENGALURU-560 047.
11 . B. CHANDRA SHEKAR
S/O. BASAVAIAH,
AGED ABOUT 60 YEARS,
RETIRED AS TYPIST,
O/O JOINT COMMISSIONER OF
COMMERCIAL TAXES,
(ADMN.) DGSTO-01, BENGALURU-560 047.
12 . B. KUMARASWAMY
S/O. LATE K. BASAVARAJAIAH,
AGED ABOUT 60 YEARS,
RETIRED AS STENOGRAPHER,
O/O JOINT COMMISSIONER OF
COMMERCIAL TAXES,
(ADMN.) DGSTO-01, BENGALURU-560 047.
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WP No.16582 of 2023
AND CONNECTED MATTERS
13 . S. SARVAMANGALA
W/O. N. RANGARAJU,
AGED ABOUT 61 YEARS,
RETIRED AS STENOGRAPHER,
R/AT NO. 82, ANUGRAHA,
7TH CROSS, GANESHNAGAR,
VIRUPAKSHAPURA MAIN ROAD,
BENGALURU-560 097.
14 . M. JAYANTHI
W/O. VENKATARAMANA BHAT,
AGED ABOUT 61 YEARS,
RETIRED AS STENOGRAPHER,
R/AT NO. 54, SUBADRA,
13TH CROSS, VENUGOPALANAGAR,
NAGASANDRA POST,
BENGALURU-560 073.
15 . D. RAMU S/O. LATE DASAPPA,
AGED ABOUT 65 YEARS,
RETIRED AS TYPIST,
R/AT C/O. RAVIKUMAR,
OPP. GANESHA TEMPLE ROAD,
4TH CROSS, NO.174,
CHIKKABIDRAKALLU,
NAGASANDRA POST,
BENGALURU-560 073.
16 . T. M. RAJA RAO
S/O. T. N. MADHAVA RAO,
AGED ABOUT 64 YEARS,
RETIRED AS STENOGRAPHER,
R/AT NO. 119, 3RD MAIN,
3RD STAGE, 3RD PHASE, KATHRIGUPPE,
BSK 6TH BLOCK, BENGALURU-560 085.
17 . PRABHAVATHI
W/O. LATE R. RAMESH,
AGED ABOUT 62 YEARS,
RETIRED TYPIST, R/AT NO.1887,
SOUTH END CIRCLE, 9TH BLOCK,
JAYANAGAR, BENGALURU-560041.
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WP No.16582 of 2023
AND CONNECTED MATTERS
18 . R. L. LEELAVATHI
W/O. V. BALASUBRAMANI,
AGED ABOUT 69 YEARS,
RETIRED AS TYPIST,
R/AT NO. 28, SUVIKSHA,
THIMMA REDDY LAYOUT,
BEHIND MAHARAJA FURNITURE,
HORMAVU SIGNAL, BENGALURU-560 043.
19 . JAYASHREE. N. WADAKERI
D/O. N. S. WADAKERI,
AGED ABOUT 68 YEARS,
R/AT NO. 683, 17TH CROSS,
INDIRANAGAR, BENGALURU-560038.
20 . ANUSUYAMMA
W/O. SREEGIRISADANANDA SWAMY,
AGED ABOUT 60 YEARS,
RETIRED AS COMMERCIAL TAX INSPECTOR,
R/AT NO. 10, MARUTHI NILAYA,
PILLAPPA LAYOUT, VIRUPAKSHAPURA,
KODIGEHALLI, BENGALURU-560 092.
21 . S. HEMALATHA
W/O. P. SURYANARAYANA BHAT,
AGED ABOUT 60 YEARS,
WORKING COMMERICAL TAX INSPECTOR,
R/AT NO. 5/4, 1ST FLOOR,
3RD MAIN ROAD, MALAGALA MAIN ROAD,
8TH BLOCK, NAGARABHAVI 2ND STAGE,
BENGALURU-560 091.
22 . T. C. NANDA DEVI W/O. R. B. PATIL,
AGED ABOUT 61 YEARS,
RETIRED AS TYPIST,
R/AT NO.172, 6TH CROSS, FF-2,
TRICONVISTA, NAGARABHAVI,
BENGALURU-560 072.
23 . REVANNASIDDAIAH S/O. EARAPPA,
AGED ABOUT 58 YEARS.
WORKING AS
COMMERCIAL TAX INSPECTOR,
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WP No.16582 of 2023
AND CONNECTED MATTERS
O/O JOINT COMMISSIONER OF
COMMERCIAL TAXES,
(APPEALS) - 6, SHANTHINAGAR,
BENGALURU-560 041.
24 . K. R. SHAILAJA W/O. K. S. MANJU,
AGED ABOUT 61 YEARS,
RETIRED AS TYPIST,
R/AT NO. 162,
VENKATESHWARA EXTENSION,
INDIRA TENT ROAD, SRINIVASAPURA,
KOLAR DISTRICT-570 071.
25 . M. N. SHARADA
D/O. LATE M. G. NARAYANA RAO,
AGED ABOUT 67 YEARS,
RETIRED AS TYPIST,
R/AT NO. 3-5-1, SHABHARI HOUSE,
MAHADEVAPET, MADAKERI,
COORG DISTRICT-572 172.
26 . N. D. BHARGAVI
W/O. N. DHARMARAJU,
AGED ABOUT 65 YEARS,
RETIRED AS STENOGRAPHER,
R/AT NO. 129/A, 2ND CROSS, II STAGE,
BHOGADI, MYSORE-570 026.
27 . N. VIMALA W/O. V. VENKATESHPRASAD,
AGED ABOUT 60 YEARS,
RETIRED AS COMMERCIAL TAX INSPECTOR,
O/O DEPUTY COMMISSIONER
OF COMMERCIAL TAXES,
(AUDIT)-4, DGSTO, MYSORE-570 026.
28 . T. S. UMA W/O. LATE T. B. SHANTHAPPA,
AGED ABOUT 63 YEARS,
RETIRED AS TYPIST,
R/AT NO. 115, ILAWALA,
MYSORE-570 026.
29 . SUJAYA. R. BENGALURU
D/O. LATE RAMAKRISHNA,
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WP No.16582 of 2023
AND CONNECTED MATTERS
AGED ABOUT 63 YEARS,
RETIRED AS STENOGRAPHER,
R/AT NO. 121/13,
NEAR MAHADESHWAR TEMPLE,
KANAKAGIRI, MYSORE-570 026.
30 . JAYA KRUPALINI
W/O. VIJAYENDRA KUMAR,
AGED ABOUT 58 YEARS,
WORKING AS
COMMERCIAL TAX INSPECTOR,
O/O JOINT COMMISSIONER OF
COMMERCIAL TAXES,
(ADMN.) DGSTO,MYSORE-570 026.
31 . R. RAMESH S/O. RANGANATHA RAO,
AGED ABOUT 58 YEARS,
WORKING AS TYPIST,
O/O ASST. COMMISSIONER OF
COMMERCIAL TAXES, (AUDIT)-I,
MYSORE-570026.
32 . M. S. GAYATHRI W/O. LATE DATTATREYA,
AGED ABOUT 61 YEARS,
RETIRED AS COMMERCIAL TAX INSPECTOR,
C/O. N. SRIDHAR MURTHY,
VASAVI PROVISION STORES,
MAIN ROAD, THYAGARTHI, SAGAR TALUK,
SHIMOGA DISTRICT-562 312.
33 . S. R. NETRAVATHI W/O. KRISHNA MURTHY,
AGED ABOUT 63 YEARS,
RETIRED AS TYPIST,
DEVI KRUPA, BEHIND SAVI BAKERY,
I CROSS, VINOBHA NAGAR,
SHIMOGA-562 312.
34 . MALLIKARJUNA. M TELI
S/O. MALLAPPA TELI,
AGED ABOUT 58 YEARS,
WORKING AS TYPIST,
O/O. ASSTISTANT COMMISSIONER OF
COMMERCIAL TAXES, (AUDIT)-3,
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WP No.16582 of 2023
AND CONNECTED MATTERS
ABZALPUR TAKKE,
VIJAYAPURA DISTRICT-587 012.
35 . R. N. SHAKUNTHALA
W/O. C. N. SATHYANARAYANA,
AGED ABOUT 65 YEARS,
RETIRED AS TYPIST,
R/AT C/O. BALAJI COFFEE,
DEVANOOR ROAD,
NEAR SETTIHALLI GATE,
TUMKUR-572 102.
36 . H. R. CHANDRIKA
W/O. LATE H. K. GURUPRABHU,
AGED ABOUT 61 YEARS,
RETIRED AS TYPIST,
NO. 68, 8TH C MAIN,
3RD BLOCK, POST OFFICE, 4TH BLOCK,
JAYANAGAR, BENGALURU-560 011.
37 . M. G. SUNANDAMMA
W/O. S. K. SHIVAKUMAR,
AGED ABOUT 56 YEARS,
WORKING AS COMMERCIAL TAX INSPECTOR,
O/O ASST. COMMISSIONER OF
COMMERCIAL TAXES, IGSTO-170,
TUMKUR-572 102.
38 . R. VISHALAKSHAMMA
D/O. LATE RAMACHANDRA RAO,
AGED ABOUT 63 YEARS,
RETIRED AS STENOGRAPHER,
R/AT NO. 3768, 17TH MAIN,
MCC B BLOCK, BEHIND CERTIFIED SCHOOL,
DAVANAGERE DISTRICT-570 004.
39 . BASAVARAJ NASIPUDI
S/O. BASAVANNAPPA NASIPUDI,
AGED ABOUT 60 YEARS,
RETIRED AS COMMERCIAL TAX INSPECTOR,
R/AT NO. 32, 5TH CROSS,
A BLOCK, DEVARAJ URS LAYOUT,
DAVANAGERE-577 006.
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WP No.16582 of 2023
AND CONNECTED MATTERS
40 . M. PARVATHI
W/O. M. L. VIJAYASHANKAR,
AGED ABOUT 63 YEARS,
RETIRED AS STENOGRAPHER,
R/AT NO. LIG-139, 8 F CROSS,
HOUSING BOARD, HASSAN-562 104.
41 . SUDHINDRA KALKERI S/O. SHYAMARAO,
AGED ABOUT 61 YEARS,
RETIRED AS TYPIST,
R/AT SENA NAGAR,
OPP. AL-AMEEN MEDICAL COLLEGE,
ATHANI ROAD, VIJAYAPURA-580 045.
42 . SHOBHA SHARLIN KUMARI
W/O. A. P. ASHOK,
AGED ABOUT 59 YEARS,
WORKING AS
COMMERCIAL TAX INSPECTOR,
O/O DEPUTY COMMISSIONER OF
COMMERCIAL TAXES, (AUDIT)-3,
MYSORE DIVISION, MYSORE-570 023.
43 . M. N. THANGAMMA W/O. B. C. ASHOK,
AGED ABOUT 58 YEARS,
WORKING AS
COMMERCIAL TAX INSPECTOR,
O/O DEPUTY COMMISSIONER OF
COMMERCIAL TAXES, KARNATAKA,
GANDHINAGAR, BENGALURU-560 009.
44 . VIRUPAKSHAPPA A. SHETTAR
S/O. ANDANAPPA,
AGED ABOUT 62 YEARS,
RETIRED AS TYPIST,
R/AT NO. 322, 2ND PHASE, AKSHAY COLONY,
HUBLI, DHARWAD DISTRICT-580 065.
45 . B. S. GEETHA W/O. RAGHAVENDRA BHAT,
AGED ABOUT 58 YEARS,
WORKING AS TYPIST,
O/O COMMISSIONER OF
COMMERCIAL TAXES,
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WP No.16582 of 2023
AND CONNECTED MATTERS
KARNATAKA, BENGALURU-560 021.
46 . C. N. SUJATHA
W/O. LATE B. G. SHASHIDHARA,
AGED ABOUT 57 YEARS,
WORKING AS TYPIST,
O/O ASSISTANT COMMISSIONER OF
COMMERCIAL TAXES, LGSTO-183,
CHIKKABALLAPURA-574 321.
47 . G. B. USHADEVI
W/O. P. VIRENDRA KUMAR,
AGED ABOUT 58 YEARS,
WORKING AS TYPIST,
O/O COMMISSIONER OF
COMMERCIAL TAXES,
LGSTO-480, CHITRADURGA-577 432.
48 . G. HANUMANTHARAYAPPA
S/O. GOVINDAPPA,
AGED ABOUT 58 YEARS,
WORKING AS
COMMERCIAL TAX INSPECTOR,
O/O JOINT COMMISSIONER
OF COMMERCIAL TAXES,
(ADMIN), DGSTO-06, BENGALURU-560 023.
49 . K. JAYASHREE W/O. K. PRAKASH KUMAR,
AGED ABOUT 59 YEARS,
WORKING AS
COMMERCIAL TAX INSPECTOR,
O/O DEPUTY COMMISSIONER
OF COMMERCIAL TAXES,
(INT. AUDIT AND INSPECTOR)
DGSTO-02, BENGALURU-560 002.
50 . N. V. RAJALAKSHAMMA
D/O. N. VISHWA MURTHY,
AGED ABOUT 65 YEARS,
RETIRED AS STENOGRAPHER,
R/AT NO.1, VISHWALOKA 12TH A CROSS,
AGRAHARA DASARAHALLI,
BENGALURU-560 079.
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WP No.16582 of 2023
AND CONNECTED MATTERS
51 . N. V. LOKESHWARAMMA
W/O. LATE M. P. SHIVAKUMAR,
AGED ABOUT 58 YEARS,
WORKING AS
COMMERCIAL TAX INSPECTOR,
O/O DEPUTY COMMISSIONER OF
COMMERCIAL TAXES,
(INT. INS.) DGSTO-06,
BENGALURU-560 058.
52 . B. DEVARAJ BHAT S/O. LATE B. M. BHAT,
AGED ABOUT 57 YEARS,
WORKING AS TYPIST,
O/O ADDL. COMMISSIONER OF
COMMERCIAL TAXES,
(ZONE)-II, BENGALURU-560 021.
53 . B. V. SHYAMALA KUMARI
W/O. A. M. RAMAKRISHNA,
AGED ABOUT 60 YEARS,
RETIRED AS FIRST DIVISION ASSISTANT,
O/O JOINT COMMISSIONER OF
COMMERCIAL TAXES,
(ADMN.) DGSTO-03, SHANTHINAGAR,
BENGALURU-560 041.
54 . S. RAVIKUMAR S/O. SUBRAMANYAM,
AGED ABOUT 60 YEARS,
RETIRED AS FIRST DIVISION ASSISTANT,
R/AT NO.LIG-43, 2ND STAGE,
6TH MAIN, KHB COLONY,
KUVEMPUNAGAR, MYSORE-562 041.
55 . SHRIDHAR. P. SINDHE
S/O. PARASHURAM,
AGED ABOUT 58 YEARS,
PRESENTLY WORKING AS
FIRST DIVISION ASSISTANT,
O/O DEPUTY COMMISSIONER OF
COMMERCIAL TAXES,
(ENF)-ABZALPUR TAKKE,
VIJAYAPURA-582 321.
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WP No.16582 of 2023
AND CONNECTED MATTERS
56 . SREEMANTHA ANNAPA ADALLI
S/O. ANNAPPA MAHADEV ADALLI,
AGED ABOUT 63 YEARS,
RETIRED AS TYPIST,
R/AT M. NO. CTS 2726,
NALABANA GALLI, ATHANI,
BELGAUM DISTRICT-587 621.
57 . C. SUJATHA D/O. CHINNAPPA,
AGED ABOUT 59 YEARS,
WORKING AS TYPIST,
O/O PROFESSIONAL TAX OFFICER,
7TH CIRCLE, BENGALURU-560 041.
58 . B. A. GEETHA W/O. T. N. SATISH,
AGED ABOUT 60 YEARS,
RETIRED AS TYPIST,
O/O JCCT (ADMIN.) DGSTO-06,
BENGALURU-560 041.
59 . LAKSHMIDEVI
AGED ABOUT 61 YEARS,
W/O. KRISHNAMURTHY,
RETIRED AS COMMERCIAL TAX INSPECTOR,
R/AT NO. 176, SARASWATHINAGAR,
7TH CROSS, VIJAYANAGAR,
BENGALURU-560 040.
60 . S. R. PARIMALA W/O. RAJASHEKAR,
AGED ABOUT 65 YEARS,
RETIRED AS STENOGRAPHER,
R/AT NO.1368, 2ND MAIN,
KRISHNAMURTHYPURAM,
MYSORE-567034.
61 . B. K. SUDHA SUNDAR
W/O. S.R. SUNDAR,
AGED ABOUT 58 YEARS,
WORKING AS COMMERCIAL TAX OFFICER,
(AUDIT)-DGSTO-01, YESHWANTHPUR,
BENGALURU-560 056.
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WP No.16582 of 2023
AND CONNECTED MATTERS
62 . S. USHA
W/O. R. ASHWATHANARAYANA MURTHY,
AGED ABOUT 61 YEARS,
RETIRED AS COMMERCIAL TAX OFFICER,
R/AT NO. 44/A, I FLOOR,
II MAIN, 3RD STAGE, VINAYAKA LAYOUT,
VIJAYANAGAR, BENGALURU-560 040.
63 . RACHANA NEELAGAR
W/O. VIJAYA SHEKAR,
AGED ABOUT 67 YEARS,
RETIRED AS SECOND DIVISION ASSISTANT,
R/AT NO. 684, I FLOOR,
2ND A MAIN, 8TH BLOCK,
KORAMANGALA, BENGALURU-560 095.
64 . S. VISHWANATH S/O. SIDDAIAH,
AGED ABOUT 56 YEARS,
WORKING AS COMMERCIAL TAX INSPECTOR,
O/O ADDL. COMMISSIONER OF
COMMERCIAL TAXES,
(ENF)-SOUTH ZONE, BENGALURU-560 047.
65 . PUTTALAKSHAMMA
W/O. LATE GANGAIAH,
AGED ABOUT 66 YEARS,
RETIRED AS SECOND DIVISION ASSISTANT,
R/AT NO. 1261, 9TH B CROSS,
KAVI RANNA ROAD, SRINAGAR,
BENGALURU-560 050.
66 . G. C. ANUSUYA
W/O. NARENDRA KUMAR,
AGED ABOUT 65 YEARS,
RETIRED AS SECOND DIVISION ASSISTANT,
R/AT NO. 214, 1-BG CROSS,
2ND MAIN, KASTURINAGAR,
BENGALURU-560 043.
67 . K. S. NAGAVENI W/O. A. RAVINDRA,
AGED ABOUT 60 YEARS,
R/AT NO. 19, AVALAHALLI BDA LAYOUT,
5TH MAIN ROAD, GIRINAGAR,
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WP No.16582 of 2023
AND CONNECTED MATTERS
BENGALURU-560 085.
68 . VAMAN GOTHE
S/O. LATE VAMAN VITALACHAR GOTHE,
AGED ABOUT 66 YEARS,
RETIRED AS FIRST DIVISION ASSISTANT,
R/AT NO. 55/2, 2ND CROSS,
2ND MAIN ROAD, PRAKASHNAGAR,
BENGALURU-560 016.
69 . CHIKKACHALLAIAH S/O. LATE KARIYAIAH,
AGED ABOUT 59 YEARS,
WORKING AS COMMERCIAL TAX INSPECTOR,
O/O DEPUTY COMMISSIONER
OF COMMERCIAL TAXES,
(AUDIT)-2.7, DGSTO-2,
BENGALURU-560 041.
70 . L. MANGALA GOWRI
W/O. B. PUTTALINGAIAH,
AGED ABOUT 67 YEARS,
RETIRED AS SECOND DIVISION ASSISTANT,
R/AT NO.129, 15TH MAIN,
KANAKAPURA ROAD,
E BLOCK, RHCS LAYOUT,
SRIGANDADA KAVALA,
BENGALURU-560 041.
71 . D. M. HOMBEGOWDA
S/O. MARAYAPPA,
AGED ABOUT 63 YEARS,
RETIRED AS FIRST DIVISION ASSISTANT,
R/AT NO. 4102/A, 14TH MAIN,
E BLOCK, 2ND STAGE, RAJAJINAGAR,
BENGALURU-560 010.
72 . M. N. NARAYANA
S/O. LATE NARAYANAPPA,
AGED ABOUT 63 YEARS,
RETIRED AS SECOND DIVISION ASSISTANT,
R/AT NO. 65, 8TH CROSS,
KAVERIPURA, KAMAKSHIPALYA,
BENGALURU-560 079.
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WP No.16582 of 2023
AND CONNECTED MATTERS
73 . M. C. MAYIGE GOWDA
S/O. LATE CHIKKE GOWDA,
AGED ABOUT 66 YEARS,
RETIRED AS SECOND DIVISION ASSISTANT,
R/AT NO. 2, GROUND FLOOR,
5TH CROSS (NORTH), 50 FEET ROAD,
BALAJI NAGAR, MALLATHAHALLI,
BENGALURU-560 056.
74 . N. M. CHIKKATHIMMAIAH
S/O. MUDALAGIRAIAH,
AGED ABOUT 64 YEARS,
RETIRED AS SECOND DIVISION ASSISTANT,
R/AT NO. 4099, 14TH MAIN ROAD,
II STAGE, RAJAJINAGAR,
SUBRAMANYANAGAR,
BENGALURU-560 021.
75 . H. NARAYANA S/O. LATE HUCHAIAH,
AGED ABOUT 64 YEARS,
RETIRED AS SECOND DIVISION ASSISTANT,
R/AT NO. U-157, 7TH MAIN,
RGI COLONY, SRIRAMPURAM,
BENGALURU-560 021.
76 . M. K. RAMDAS S/O. M. S. KODANDARAM,
AGED ABOUT 62 YEARS,
RETIRED AS FIRST DIVISION ASSISTANT,
NO.50, SUMUKHA,
2ND CROSS, 2ND STAGE,
17TH MAIN, E BLOCK,
ASHRAYANAGAR, J. P. NAGAR,
MYSORE-570 045.
77 . FLORINE ALICE FERNANDES
W/O. LATE JOHN MARCEL FERNANDES,
AGED ABOUT 63 YEARS,
RETIRED AS SECOND DIVISION ASSISTANT,
R/AT NO. 204, 2ND FLOOR,
GOLDEN EMPIRE, APARTMENTS,
URVA STORE DEREBAIL,
ASHOKNAGAR, MANGALORE-575 006.
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WP No.16582 of 2023
AND CONNECTED MATTERS
78 . D. C. RAMAMANI
D/O. LATE A. V. CHANDRASHEKARAIAH,
AGED ABOUT 63 YEARS,
RETIRED AS FIRST DIVISION ASSISTANT,
R/AT SRIKANTAKRUPA, 2ND CROSS,
2ND STAGE, NEHRUNAGAR,
SHIMOGA-574 321.
79 . C. C. SOMAIAH
S/O. LATE C. M. CHINNAPPA,
AGED ABOUT 67 YEARS,
RETIRED AS SECOND DIVISION ASSISTANT,
R/AT BALAMURI VILLAGE/POST,
VIA MURNOD, KODAGU-574 324.
80 . NEALASIDDAIAH S/O. LATE SIDDAIAH,
AGED ABOUT 63 YEARS,
RETIRED AS SECOND DIVISION ASSISTANT,
RESIDING AT RAJEEVANAGAR,
5TH CROSS, NO. 629,
BASTIPURA MAIN ROAD, KOLLEGAL,
CHAMARAJANAGARA DISTRICT-587 432.
81 . N. SRIKANTESHWARA
S/O. LATE G. S. NAGAPPA,
AGED ABOUT 68 YEARS,
RETIRED SECOND DIVISION ASSISTANT,
RESIDING AT NO. 423, 17TH CROSS,
4TH MAIN, VIDYARANYAPURA,
MYSORE-570 065.
82 . N. T. SOMAIAH
S/O. LATE THIMMAIAH,
AGED ABOUT 60 YEARS,
RETIRED AS COMMERCIAL TAX INSPECTOR,
NO.2314, I CROSS, SANGHA MITRA LAYOUT,
RAILWAY LAYOUT, 16TH CROSS,
BOGADI, MYSORE-570 056.
83 . A. M. NAGARAJU
S/O. LATE MALLAPPASETTY,
AGED ABOUT 60 YEARS,
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WP No.16582 of 2023
AND CONNECTED MATTERS
RETIRED AS FIRST DIVISION ASSISTANT,
RESIDING AT NO. 30,
I MAIN, VIDYASHANKARANAGAR,
MYSORE-570 054.
84 . P. M. GOURI D/O. P.U. MADAPPA,
AGED ABOUT 62 YEARS,
RETIRED AS FIRST DIVISION ASSISTANT,
RESIDING AT III BLOCK,
NEAR ROTARY PARK,
TELAGU STREET, AMMATH ROAD,
VIRAJPET, KODAGU-576 432.
85 . C. VIJENDRAKUMAR
S/O. LATE C. CHINTAMANI,
AGED ABOUT 63 YEARS,
RETIRED AS SECOND DIVISION ASSISTANT,
RESIDING AT NO.199, 17TH MAIN,
KAMAKSHI HOSPITAL ROAD,
SARASWATHIPURAM, MYSORE-570 067.
86 . JAYARAJ YALLAPPA TOTAD
S/O. YALLAPPA,
AGED ABOUT 62 YEARS,
RETIRED AS SECOND DIVISION ASSISTANT,
CHANDRASHEKAR NILAYA,
NEAR TMC, AT AND POST ANNIGERI,
DHARWAD DISTRICT-587 643.
87 . BALAKRISHNA RAMACHANDRA GARAG
S/O. RAMACHANDRA,
AGED ABOUT 63 YEARS,
RETIRED AS FIRST DIVISION ASSISTANT,
GANGAPURPET, DHORGALLI, GADAG-560 094.
88 . DEVAPPA HALAPPA MADIWALAR
S/O. LATE HALAPPA,
AGED ABOUT 64 YEARS,
RETIRED AS FIRST DIVISION ASSISTANT,
BIDNAL, MUNDARGI TALUK,
GADAG DISTRICT-560 096.
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WP No.16582 of 2023
AND CONNECTED MATTERS
89 . AMAGASIDDA KALINGAPPA NATIKAR
S/O. LATE KALINGAPPA NATIKAR,
AGED ABOUT 63 YEARS,
RETIRED AS SECOND DIVISION ASSISTANT,
CHANDAKAVATE, SINDHAGI TALUK,
BIJAPUR DISTRICT-577 089.
90 . NAGARATHNA
W/O. LATE P. M. BASAVARAJU,
AGED ABOUT 60 YEARS,
RETIRED AS FIRST DIVISION ASSISTANT,
O/O JOINT COMMISSIONER OF
COMMERCIAL TAXES (ADMN),
DGST-03, BENGALURU-560 041.
91 . N. RUKMINI W/O. RAJAGOPAL,
AGED ABOUT 59 YEARS,
WORKING AS COMMERCIAL TAX INSPECTOR,
O/O PROFESSIONAL TAX OFFICER,
11TH CIRCLE, YESHWANTHPUR,
BENGALURU-560 056.
92 . B. J. GEETHA SINGH
D/O. LATE B. S. JAGANNATHA SINGH,
AGED ABOUT 67 YEARS,
RETIRED AS SECOND DIVISION ASSISTANT,
R/AT NO.1418, 5TH MAIN, II CROSS,
NEAR ROSE GARDEN, NISARGA LAYOUT,
BANNERGHATTA MAIN ROAD,
JIGANI, ANEKAL TALUK,
BENGALURU-560 083.
93 . K. SANGAPPA S/O. SIDDANNA KALAGI,
AGED ABOUT 58 YEARS,
WORKING AS SECOND DIVISION ASSISTANT,
O/O DEPUTY COMMISSIONER OF
COMMERCIAL TAXES (AUDIT)-I,
VIJAYAPURA-567 983.
94 . B. N. UMA W/O. R. P. CHANDRU,
AGED ABOUT 61 YEARS,
RETIRED AS COMMERCIAL TAX INSPECTOR,
R/AT NO.22, ANJANEYA TEMPLE,
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WP No.16582 of 2023
AND CONNECTED MATTERS
2ND STREET, LINK ROAD, SESHADRIPURAM,
BENGALURU-560 020.
95 . B. HANUMANTH SHETTY
S/O. LATE B. RAMACHANDRA SHETTY,
AGED ABOUT 63 YEARS,
RETIRED AS SECOND DIVISION ASSISTANT,
R/AT NO. 371/7,
SEETHAMMA BADAVANE,
ACHARYA LAYOUT, SRI SHANKARA KUTEERA,
HARAPANAHALLI,
VIJAYANAGARA DISTRICT-576 431.
96 . H. PUTTARAJU S/O. H. HONNEGOWDA,
AGED ABOUT 63 YEARS,
RETIRED AS SECOND DIVISION ASSISTANT,
RESIDING AT NO.7, 7TH CROSS,
BYRALINGAPPA ROAD, CHIKKASANDRA,
BENGALURU-560 057.
97 . J. C. CHANDRAKALA
W/O. D. PURUSHOTHAM,
AGED ABOUT 55 YEARS,
PRESENTLY WORKING AS FIRST DIVISION
ASSISTANT,
O/O ASSISTANT COMMISSIONER OF
COMMERCIAL TAXES, LGSTO-071,
BENGALURU-560041.
98 . B. K. JAYALAKSHMI
D/O. LATE B. G. KRISHNA IYENGAR,
AGED ABOUT 66 YEARS,
RETIRED AS SECOND DIVISION ASSISTANT,
RESIDING AT NO. 14/4,
GARUDA NIVAS, 6TH CROSS,
MALLESWARAM, BENGALURU-560 003.
99 . C. MAHADEVA NAIK
S/O. CHIKKANNA NAIK,
AGED ABOUT 62 YEARS,
RETIRED AS FIRST DIVISION ASSISTANT,
RESIDING AT NO. 8,
MUNESHWARA LAYOUT,
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WP No.16582 of 2023
AND CONNECTED MATTERS
MUDDAYYANAPALYA MAIN ROAD,
SRI GANDADA KAVAL,
BENGALURU-560 043.
100 . V. VENKATESH
S/O. LATE VENKATAPPA,
AGED ABOUT 66 YEARS,
RETIRED AS SECOND DIVISION ASSISTANT,
RESIDING AT NO.73, SITE NO. 3740,
8TH CROSS, GAYATHRINAGAR,
BENGALURU-560 021.
101 . V. SADASHIVA REDDY
S/O. D. M. VALEPPA,
AGED ABOUT 58 YEARS,
PRESENTLY WORKING AS
FIRST DIVISION ASSISTANT,
O/O ASSISTANT COMMISSIONER OF
COMMERCIAL TAXES, LGSTO-180,
KOLAR-580 076.
102 . K. V. SATHYANARAYANA
S/O. K. VENKATARAMANACHAR,
AGED ABOUT 65 YEARS,
RETIRED AS SECOND DIVISION ASSISTANT,
RESIDING AT NO. 597, 7TH CROSS,
VIDYARANYANAGAR, ANDHRAHALLI,
BENGALURU-560091.
103 . M. MANIAMMA
W/O. LATE ANAMTHARAJ,
AGED ABOUT 64 YEARS,
RETIRED AS SECOND DIVISION ASSISTANT,
RESIDING AT NO. 24/3, I CROSS,
PARK ROAD, COX TOWN,
JEEVANAHALLI, BENGALURU-560 005.
104 . P. V. SAMPATH KUMAR
S/O. M. P. VEERAIAH,
AGED ABOUT 57 YEARS,
PRESENTLY WORKING AS
FIRST DIVISION ASSISTANT,
O/O JOINT COMMISSIONER OF COMMERCIAL
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WP No.16582 of 2023
AND CONNECTED MATTERS
TAXES (ADMN), DGSTO-03,
BENGALURU-560 041.
105 . RAVINDRANATH. G. C.
S/O. G. V. CHANDRA SHEKAR,
AGED ABOUT 64 YEARS,
RETIRED AS FIRST DIVISION ASSISTANT,
RESIDING AT NO.94,
BENNE GOVINDAPPA ROAD,
BASAVANAGUDI, BENGALURU-560 004.
106 . Y. C. SHIVARUDRA MURTHY
S/O. LATE CHIKKAVEERANNA. Y. M.
AGED ABOUT 61 YEARS,
RETIRED AS FIRST DIVISION ASSISTANT,
RESIDING AT TALUK OFFICE ROAD,
DEVANAHALLI TOWN,
BENGALURU DISTRICT-562 110.
107 . H. V. SIDDARAMANNA
S/O. LATE N. S. VEERAPPA,
AGED ABOUT 63 YEARS,
RETIRED AS SECOND DIVISION ASSISTANT,
HARA HOMES APARTMENTS,
I CROSS, BHUVANESHWARINAGAR,
BSK 3RD STAGE, BENGALURU-560085.
108 . R. N. PANCHAKSHARAIAH
S/O. LATE R. J. SHIVAGANGAPPA,
AGED ABOUT 58 YEARS,
PRESENTLY WORKING AS
FIRST DIVISION ASSISTANT
O/O JOINT COMMISSIONER OF COMMERCIAL
TAXES (ADMN), DGSTO-06,
BENGALURU-560 041.
109 . D. K. BALACHANDRA
S/O. D. KRISHNAMURTHY JOIS,
AGED ABOUT 60 YEARS,
RETIRED STENOGRAPHER,
O/O ASST. COMMISSIONER OF
COMMERCIAL TAXES, LGSTO-220,
SHIMOGA-577 642.
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AND CONNECTED MATTERS
110 . SUDHINDRA KULKARNI
S/O. GOPAL ROAD,
AGED ABOUT 58 YEARS,
PRESENTLY WORKING AS
SECOND DIVISION,
ASSISTANT,
O/O COMMISSIONER OF
COMMERCIAL TAXES,
KARNATAKA, BENGALURU-560 041.
111 . AFSARI BEGUM W/O. PYAREJAN,
AGED ABOUT 62 YEARS,
RETIRED AS SECOND DIVISION ASSISTANT,
RESIDING AT NO.32,
3RD CROSS, VASANTHNAGAR,
BENGALURU-560 052.
112 . T. R. RENUKAPRASAD
S/O. REVANNASIDDAPPA,
AGED ABOUT 68 YEARS,
RETIRED AS SECOND DIVISION ASSISTANT,
RESIDING AT NO. 43/2, 7TH MAIN,
2ND CROSS, SRIRAMPURAM,
BENGALURU-560 021.
113 . Y. SATTAR SAHEB
S/O. LATE YUSUF SAB,
AGED ABOUT 63 YEARS,
RETIRED AS SECOND DIVISION ASSISTANT,
RESIDING AT NO.1/2, 3RD CROSS,
MYSORE ROAD, BENGALURU-560 018.
114 . MALLIKARJUNA S/O. SIDDAIAH,
AGED ABOUT 59 YEARS,
WORKING AS
COMMERCIAL TAX INSPECTOR,
O/O JCCT (VIGILANCE),
BENGALURU-560 041.
115 . N. S. UMASHANKAR
S/O. LATE N. S. SIDDALINGAPPA,
AGED ABOUT 61 YEARS,
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WP No.16582 of 2023
AND CONNECTED MATTERS
RETIRED AS FIRST DIVISION ASSISTANT,
RESIDING AT NO.622, 64TH CROSS,
5TH BLOCK, RAJAJINAGAR,
BENGALURU-560 010.
116 . S. SRIDHAR S/O. LATE B. SRINIVAS,
AGED ABOUT 56 YEARS,
RETIRED WORKING AS
FIRST DIVISION ASSISTANT,
O/O COMMISSIONER OF
COMMERCIAL TAXES,
KARNATAKA, BENGALURU-560 041.
117 . P. B. SHAKUNTHALA
W/O. P. K. RAMESH,
AGED ABOUT 62 YEARS,
RESIDING AT NARAINDADA VILLAGE,
MADAKERI TALUK,
KODAGU DISTRICT-577 432.
118 . B. M. NANJAIAH S/O. MALINGAIAH,
AGED ABOUT 64 YEARS,
RETIRED AS
SECOND DIVISION ASSISTANT,
RESIDING AT NO. 47,
BANASHANKARI NILAYA,
ADARSHANAGAR, KOLLEGALA,
CHAMARAJANAGARA DISTRICT-566 043.
119 . D. H. BALAJI BABU
S/O. LATE D. HANUMANTHA REDDY,
AGED ABOUT 56 YEARS,
PRESENTLY WORKING AS
FIRST DIVISION ASSISTANT,
O/O ADDL. COMMISSIONER OF
COMMERCIAL TAXES (ZONE)-I,
BENGALURU-560 041.
...RESPONDENTS
(BY SRI. BASAVARAJA PATEL G K, ADV. FOR
R1 TO R5, R7 TO R11,
R13 TO R40, R42 TO R56, R58 TO R70,
R72 TO R92 AND R94 TO R119.
R6, R12, R57, R93- SERVED & UNREPRESENTED)
- 33 -
WP No.16582 of 2023
AND CONNECTED MATTERS
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR
RECORDS IN A.NO.1899-2017/2022 DATED 22/12/2022
PASSED BY THE KAT, BENGALURU; B) ISSUE A WRIT IN THE
NATURE OF CERTIORARI OR ORDER OR DIRECTION FOR
SETTING ASIDE THE ORDER DATED 22/12/2022 IN A.NO.1899-
2017/2022 PASSED BY THE KARNATAKA ADMINISTRATIVE
TRIBUNAL, BENGALURU AND ETC.
IN W. P. NO.26337/2023:
BETWEEN:
1. STATE OF KARNATAKA
REP. BY ITS SECRETARY TO GOVT.
FINANCE DEPARTMENT (SERVICES-1)
VIDHANA SOUDHA, BENGALURU 560001.
2. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY,
DEPT. OF PERSONNEL AND ADMINISTRATIVE,
REFORMS (SERVICES) VIDHANA SOUDHA,
BENGALURU 560001.
3. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY TO GOVT.
DEPARTMENT OF PANCHAYAT RAJ,
M S BUILDING, BENGALURU 560001.
4. THE STATE OF KARNATAKA
BY ITS SECRETARY,
DEPT. OF REVENUE
M S BUILDING, BENGALURU 560001.
5. STATE OF KARNATAKA
BY ITS SECRETARY,
DEPT. OF SOCIAL WELFARE,
M S BUILDING, BENGALURU 560001.
6. STATE OF KARNATAKA
BY ITS SECRETARY,
DEPT. OF EDUCATION,
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WP No.16582 of 2023
AND CONNECTED MATTERS
M S BUILDING, BENGALURU -560001.
7. STATE OF KARNATAKA
BY ITS SECRETARY,
DEPT. OF HEALTH AND FAMILY WELFARE,
105, 1ST FLOOR, SECRETARIAT BUILDING
VIKASA SOUDHA, BENGALURU 560001.
8. STATE OF KARANTAKA
BY ITS SECRETARY,
DEPT. OF FORESTS, M S BUILDING,
BENGALURU -560001.
9. STATE OF KARNATAKA
BY ITS SECRETARY,
DEPT. OF COMMERCIAL TAXES
BENGALURU- 9.
10 . STATE OF KARNATAKA
REP. BY ITS SECRETARY,
DEPT. OF AGRICULTURE
M S BUILDING, BENGALURU-1.
11 . STATE OF KARNATAKA
REP. BY ITS SECRETARY,
DEPT. OF REVENUE
M S BUILDING, BENGALURU-1.
12 . STATE OF KARNATAKA
REP. BY ITS SECRETARY,
DEPT. OF WOMEN AND CHILD
M S BUILDING, BENGALURU-1.
...PETITIONERS
(BY SRI. REUBEN JACOB, AAG A/W
SRI B RAVINDRANATH, AGA)
AND:
1. SRI K B MUDDAPPA
AGED 68 YEARS,
S/O SRI CHANNAPPA,
RETD. ASSISTANT DIRECTOR
DEPT. OF RURAL DEVELOPMENT
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WP No.16582 of 2023
AND CONNECTED MATTERS
AND PANCHAYAT RAJ,
R/O K B BADAVANE,
DAVANAGERE DISTRICT-577002.
2. ARAVIND SHANKARAPPA KAKKANAVAR
AGED 70 YEARS,
S/O SHANKARAPPA K
RETIRED GRAM PANCHAYAT SECRETARY,
DEPT. OF RURAL DEVELOPMENT
AND PANCHAYAT RAJ,
R/O C/O L RAVIKUMAR
BASAVAPATNA, CHANNAGIRI TALUK,
DAVANAGERE DISTRICT 577551.
3. SHANKARAYYA VEERAIAH HIREMATH
AGED 69 YEARS,
S/O VEERAIAH HIREMATH
RETIRED PANCHAYAT DEVELOPMENT OFFICER,
DEPT. OF RURAL DEVELOPMENT
AND PANCHAYAT RAJ,
R/O C/O K SANGAPPA, 8TH CROSS,
SIDDAVEERAPPA BADAVANE,
DAVANAGERE -577005.
4. BALAPPA BASAGOUDA MOKASHI
AGED 67 YEARS,
S/O BASAGOUDA MOKASHI
RETIRED ASSISTANT DIRECTOR
DEPT. OF RURAL DEVELOPMENT
AND PANCHAYAT RAJ,
R/O C/O H S MADAPPA,
KATTIGEHALLI (PO), JAGALUR TALUK,
DAVANAGERE DIST.- 577521.
5. RAJASHEKAR CHANNAMALLAPPA THURAMARI
AGED 70 YEARS,
S/O CHANNAMALLAPPA THURAMARI
RETIRED PANCHAYAT DEVELOPMENT OFFICER,
DEPT. OF RURAL DEVELOPMENT
AND PANCHAYAT RAJ,
R/O C/O K KAVITHA, 8TH CROSS,
SIDDAVEERAPPA BADAVANE,
DAVANAGERE- 577005.
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WP No.16582 of 2023
AND CONNECTED MATTERS
6. BALAPPA YALLAPPA YALLATTI
AGED 66 YEARS,
S/O YALLAPA YALLATI
RETIRED CONSERVATOR OF FORESTS
DEPT. OF FORESTS
R/O C/O NAGENDRAPPA,
KADARANAYAKANAHALLI,
HARIHAR TALUK
DAVANAGERE DIST.- 577016.
7. IRAPPA BASAPPA SHANKANNAVAR
AGED 68 YEARS,
S/O BASAPPA SHANKANNAVAR,
RETIRED PANCHAYAT DEVELOPMENT OFFICER,
DEPT. OF RURAL DEVELOPMENT AND
PANCHAYAT RAJ,
R/O C/O Y RUDRAPPA,
ANANTHASWAMY ASHRAM,
GANDHINAGAR, BENGALURU- 560009.
8. FAKEERAPPA BHEEMARAYAPPA HADAPADA
AGED 74 YEARS,
S/O BHEMARAYAPPA HADAPADA
RETIRED FIRST DIVISION ASSISTANT,
DEPT. OF REVENUE
R/O C/O KRISHNAPPA
ANANTHASWAMY ASHRAM,
GANDHINAGAR, BENGALURU-560009.
9. PAKKERAPPA YALLAPPA KAMMAR
AGED 68 YEARS,
S/O YALLAPPA KAMMAR
RETIRED REVENUE VILLAGE ACCOUNTANT
DEPT. OF REVENUE
R/O C/O D JAYADEVAPPA,
VILLAGE ACCOUNTANT,
DCM LAYOUT, DAVANAGERE-577004.
10 . SANGAPPA BALAPPA MUNAVALLI
AGED 66 YEARS,
S/O BALAPPA MUNAVALLI
RETIRED VILLAGE ACCOUNTANT
DEPT. OF REVENUE
R/O C/O B BASAVARAJ,
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WP No.16582 of 2023
AND CONNECTED MATTERS
4TH CROSS, SIDDAVEERAPPA BADAVANE,
DAVANAGERE -577005.
11 . MAHALINGAPPA T
AGED 66 YEARS,
S/O THIMMAPPA
RETIRED ASSISTANT COMMISSIONER
DEPT. OF COMMISSIONER
R/O NO.318, 5TH B CROSS,
SYNDICATE BANK LAYOUT,
HEROHALLI, VISWANEEDAM POST,
BENGALURU-560091.
12 . MANOHAR N REVANNAKAR
AGED 67 YEARS,
S/O N REVANAKAR
RETIRED GRAMA PANCHAYAT SECRETARY,
DEPT. OF RURAL DEVELOPMENT
AND PANCHAYAT RAJ,
R/O C/O Y RUDRAPPA,
ANANTHASWAMY ASHRAM,
GANDHINAGAR, BENGALURU-560009.
13 . ALLAPPA B DODDAMANI
AGED 67 YEARS
S/O B DODDAMANI
RETIRED GRAMA PANCHAYAT SECRETARY
DEPARTMENT OF RURAL DEVELOPMENT
AND PANCHAYAT RAJ
R/O C/O H S MADAPPA
KATTIGEHALLI POST, JAGALUR TALUK
DAVANAGERE DISTRICT - 577521.
14 . NINGANAGOUDA NAGANGOUDA PATEL
AGED 70 YEARS
S/O NAGANGOUDA PATEL
RETIRED GRADE 1 SECRETARY
DEPARTMENT OF RURAL DEVELOPMENT
AND PANCHAYAT RAJ
R/O C/O KIRAN KUMAR,
ANANTHASWAMY ASHRAM,
GANDHI NAGAR, BENGALURU-560009.
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WP No.16582 of 2023
AND CONNECTED MATTERS
15 . RAMAPPA B KULGOUD
AGED 69 YEARS
S/O B KULGOUD
RETIRED GRAMA PANCHAYAT SECRETARY
DEPARTMENT OF RURAL DEVELOPMENT
AND PANCHAYAT RAJ
R/O C/O H HIBRAHIM SAB
EX-PRESIDENT, GRAM PANCHAYAT,
BASAVAPATNA, CHANNAGIRI TALUK
DAVANGERE DISTRICT - 577551.
16 . KONAPPA NINDAPPA VAGATTI
AGED 65 YEARS
S/O NINDAPPA VAGATTI
RETIRED PANCHAYATH DEVELOPMENT OFFICER
DEPARTMENT OF RURAL DEVELOPMENT
AND PANCHAYAT RAJ
R/O C/O L RAVI, BASAVAPATNA,
CHANNAGIRI TALUK,
DAVANGERE DISTRICT - 577551.
17 . NAGESH RAMACHANDRAPPA LOKUR
AGED 68 YEARS
S/O RAMACHANDRAPPA LOKUR
RETIRED PANCHAYATH DEVELOPMENT OFFICER
DEPARTMENT OF RURAL DEVELOPMENT
AND PANCHAYAT RAJ
R/O C/O B NEELAKANTACHARI
NEAR RAILWAY STATION, HARIHAR,
DAVANGERE DISTRICT - 577601.
18 . BASAVARAJ RUDRAPPA SANGOLLI
AGED 68 YEARS
S/O RUDRAPPA SANGOLLI
RETIRED PANCHAYATH DEVELOPMENT OFFICER
DEPARTMENT OF RURAL DEVELOPMENT
AND PANCHAYAT RAJ
R/O C/O THIPPESWAMY
RETD. PDO, KARESANURU
CHANNAGIRI TALUK, DAVANGERE-577219.
19 . DILAVARSAB IMAMSAB DODDAMANI
AGED 67 YEARS
S/O IMAMSAB DODDAMANI
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WP No.16582 of 2023
AND CONNECTED MATTERS
RETIRED GROUP D EMPLOYEE
DEPARTMENT OF RURAL DEVELOPMENT
AND PANCHAYAT RAJ
R/O C/O YOGESHAPPA EX PRESIDENT,
GRAM PANCHAYAT
BASAVAPATNA, CHANNAGIRI TALUK
DAVANGERE DISTRICT - 577551.
20 . BHEEMAPPA VENKAPPA SIDNAL
AGED 73 YEARS,
S/O VENKAPPA SIDNAL
RETIRED GRAM PANCHAYAT SECRETARY
DEPARTMENT OF RURAL DEVELOPMENT
AND PANCHAYAT RAJ
R/O C/O B G MAHESH,
K BEVENAHALLI POST, HARIHAR TALUK,
DAVANGERE DISTRICT - 577530.
21 . SHIVAPPA KRISHNAPPA PATTAR
AGED 70 YEARS
S/O KRISHNAPPA PATTAR
RETIRED GRAM PANCHAYAT SECRETARY
DEPARTMENT OF RURAL DEVELOPMENT
AND PANCHAYAT RAJ
R/O C/O S JATAPPA,
BANNIKODU POST, HARIHAR TALUK
DAVANAGERE DISTRICT - 577516.
22 . BASAVANNEPPA GANGAPPA MALAVANKI
AGED 70 YEARS
S/O GANGAPPA MALAVANKI
RETIRED GRAM PANCHAYAT SECRETARY
DEPARTMENT OF RURAL DEVELOPMENT
AND PANCHAYAT RAJ
R/O C/O D CHANNAVEERAPPA
B S CHANNABASAPPA AND SONS
MAIN SHOP, KALIKA DEVI STREET,
DAVANGERE - 577501.
23 . SHRISHAIL MAHANTAPPA NIRAKARI
AGED 73 YEARS
S/O MAHANTAPPA NIRAKARI
RETIRED GRAM PANCHAYAT SECRETARY,
DEPARTMENT OF RURAL DEVELOPMENT
- 40 -
WP No.16582 of 2023
AND CONNECTED MATTERS
AND PANCHAYAT RAJ
R/O C/O P M CHANNABASAIAH
HIRE KALLAMATA HONNALI
DAVANGERE - 577217.
24 . SHRINIAS RAMACHANDRA KULKARNI
AGED 68 YEARS
S/O RAMACHANDRA KULKARNI
RETIRED GRAM PANCHAYAT SECRETARY
DEPT. OF RURAL DEVELOPMENT AND
PANCHAYAT RAJ
R/O C/O SATYANARAYANA SHETTY ,
FORT ROAD, CHITRADURGA - 577501.
25 . CHANNAPPA B HAMPANNAVAR
AGED 68 YEARS,
S/O B HAMPANNAVAR,
RETIRED PANCHAYATH
DEVELOPMENT OFFICER,
DEPT. OF RURAL DEVELOPMENT
AND PANCHAYAT RAJ,
R/O C/O T THIPESHA,
RETD. BILL COLLECTOR, KOTEHAL,
CHANNAGIRI TALUK, DAVANAGERE- 577230.
26 . VENKAPPA RAMAPPA BIRADAR PATIL
AGED 72 YEARS,
S/O RAMAPPA BIRADAR PATIL,
RETIRED GRAMA PANCHAYAT SECRETARY,
DEPT. OF RURAL DEVELOPMENT
AND PANCHAYATH RAJ,
R/O C/O H M GURUSIDDAIAH,
NEAR TALUK PANCHAYAT,
CHANNAGIRI, DAVANAGERE-577213.
27 . GANGAPPA MAHARUDRAPPA MORAR
AGED 73 YEARS,
S/O MAHARUDRAPPA MORAR,
RETD. GRAMA PANCHAYAT SECRETARY,
DEPT. OF RURAL DEVELOPMENT AND
PANCHAYATH RAJ,
R/O C/O P M NAGABHUSHANAIAH,
HIRE KALLAMATA, HONNALI,
DAVANAGERE-577217.
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WP No.16582 of 2023
AND CONNECTED MATTERS
28 . PRAKASH RAMACHANDRA KULAKARNI
AGED 69 YEARS,
S/O RAMACHANDRA KULAKARNI,
RETD. GRAMA PANCHAYAT SECRETARY,
DEPT. OF RURAL DEVELOPMENT AND
PANCHAYATH RAJ
R/O C/O P NAGENDRAPPA,
RETD. ASSISTANT DIRECTOR,
BASAVANAKOTE, HONNALI
DAVANAGERE- 577513.
29 . APPASAHEB NINGAPPA LAXANI
AGED 69 YEARS,
S/O NINGAPPA LAXANI,
RETD. GRAM PANCHAYAT SECRETARY,
DEPT. OF RURAL DEVELOPMENT
AND PANCHAYATH RAJ
R/O C/O RAFIK AHMAD,
G P PRESIDENT, BASAVAPATNA,
CHANNAGIRI TALUK,
DAVANAGERE DISTRICT-577551.
30 . MALLIKARJUN MALLUR
AGED 69 YEARS,
S/O MALLESHAPPA,
RETD. GRAM PANCHAYAT SECRETARY,
DEPT. OF RURAL DEVELOPMENT AND
PANCHAYATH RAJ,
R/O C/O P CHANDRASHEKAR GOUD,
RETD. TEACHER,
KARIGANUR, CHANNAGIRI TALUK,
DAVANAGERE DISTRICT-577219.
31 . MAHADEVAPPA SANGAPPA GADAD
AGED 74 YEARS,
S/O SANGAPPA GADAD,
RETD. GRAM PANCHAYAT SECRETARY,
DEPT. OF RURAL DEVELOPMENT
AND PANCHAYATH RAJ
R/O C/O A M SOMASHEKARAIAH,
NEAR ALUR CHANDRASHEKAR LAYOUT,
DAVANAGERE DISTRICT.
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WP No.16582 of 2023
AND CONNECTED MATTERS
32 . CHANNAPPA M
AGED 69 YEARS,
S/O SHIVANGOUDA,
RETD. GRAM PANCHAYAT SECRETARY,
DEPT. OF RURAL DEVELOPMENT
AND PANCHAYATH RAJ
R/O C/O G JAGADEESHA,
KARIGANUR, CHANNAGIRI TALUK,
DAVANAGERE DISTRICT 577219.
33 . GULLAPPA KALLAPPA LOBOGAL
AGED 69 YEARS,
S/O KALLAPPA LOBOGAL,
RETD. HEALTH OFFICER,
DEPT. OF HEALTH AND FAMILY WELFARE,
R/O C/O G S JAGADEESHA,
K BEVENAHALLI, HARIHAR TALUK,
DAVANAGERE DISTRICT-577530.
34 . SHANKARAVVA
AGED 72 YEARS,
W/O LATE ERAPPA SHIVAPPA JAGANUR,
RETD. GRAM PANCHAYAT SECRETARY,
DEPT. OF RURAL DEVELOPMENT
AND PANCHAYATH RAJ
R/O C/O G S REVANASIDDAPPA,
K BEVENAHALLI, HARIHAR TALUK,
DAVANAGERE DISTRICT-577530.
35 . CHANDRASHEKARAYYA KASHINATH HOLIMATH
AGED 68 YEARS,
S/O KASHINATH HOLIMATH,
RETD. GRAM PANCHAYAT SECRETARY,
DEPT. OF RURAL DEVELOPMENT
AND PANCHAYATH RAJ
R/O C/O B NAGARAJ, 4TH MAIN,
SIDDAVEERAPPA BADAVANE,
DAVANAGERE -577005.
36 . ESHARAPPA M PATTAR
AGED 73 YEARS,
S/O M PATTAR,
RETD. SECOND DIVISION ASSISTANT,
CHILD DEVELOPMENT PROJECT OFFICER,
- 43 -
WP No.16582 of 2023
AND CONNECTED MATTERS
R/O C/O S M KELADIMAT, TEACHER,
DCM LAYOUT NEAR BUS STAND,
DAVANAGERE- 577004.
37 . SHANMUKAPPA B
AGED 72 YEARS,
S/O BANAPPA,
RETD. HOSTEL SUPERINTENDENT,
DEPT. OF BCM,
R/O C/O KRISHNAPPA,
ANANTHA SWAM ASHRAM,
GANDHINAGAR, BENGALURU- 560009.
38 . SWAMY K M S/O GURUSIDDAIAH
AGED ABOUT 68 YEARS
RETD. PANCHAYATH DEVELOPMENT OFFICER
DEPT. OF RURAL DEVELOPMENT
AND PANCHAYAT RAJ
R/O C/O RUDRANAIK
BASAVAPATNA, CHANNAGIRI TALUK
DAVANAGERE DIST.-577551.
39 . KRISHNAMURTHY E
S/O NARAYANAWAMY
AGED ABOUT 70 YEARS
RETD. PANCHAYATH DEVELOPMENT OFFICER
DEPT. OF RURAL DEVELOPMENT
AND PANCHAYAT RAJ
R/O C/O RAJAPPA, WATERMAN
BASAVAPATNA, CHANNAGIRI TALUK
DAVANAGERE DIST.-577551.
40 . LAXMAN SHANKER LATKAR
S/O SHANKAER LATKAR
AGED ABOUT 69 YEARS
RETD. GRAM PANCHAYAT SECRETARY
DEPT. OF RURAL DEVELOPMENT
AND PANCHAYAT RAJ
R/O C/O K SHAMBULINGAPPA
8TH MAIN, SIDDAVEERAPPA BADAVANE
DAVANAGERE-577005.
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WP No.16582 of 2023
AND CONNECTED MATTERS
41 . ERAPPA SHIVAPPA JAGAPUR
S/O SHIVAPPA JAGAPUR
AGED ABOUT 71 YEARS
RETD. GRAMA PANCHAYAT SECRETARY
DEPT. OF RURAL DEVELOPMENT
AND PANCHAYAT RAJ
R/O C/O BHASKAR
ANANTHASWAMY ASHRAM
GANDHINAGAR, BENGALURU-560009.
42 . IBRAHIMSAB H S/O HUSHAINSAB
AGED ABOUT 70 YEARS
RETD. ASSISTANT COMMISSIONER
OF COMMERCIAL TAXES
LOCAL VALUATION OFFICE
DEPT. OF COMMERCIAL TAXES
R/O C/O ARMAN
15TH CROSS, SIT EXTENSION
TUMAKURU-572103.
43 . GOVINDEGOUD T D
S/O LATE DASAGOUDA
AGED ABOUT 69 YEARS
RETD. PANCHAYATH DEVELOPMENT OFFICER
DEPT. OF RURAL DEVELOPMENT
AND PANCHAYAT RAJ
R/O C/O T NARASIPUR
MYSORE DISTRICT-571110.
44 . TALAKKAL DEVAPUTHRAPPA
S/O VIRUPAKSHAPPA
AGED ABOUT 70 YEARS
RETD. ASST. AGRICULTURAL OFFICER
DEPT. OF AGRICULTURE
R/O C/O G T SOMASHEKARAPPA
GHATAPATHY PO, CHALLAKERE TALUK
CHITRADURGA DISTRICT-577543.
45 . MANOHAR A S/O DODDAJAMBAPPA
RETD. ASSISTANT TEACHER
DEPT. OF EDUCATION
R/O C/O A GURUMURHTY
SREE KALLESHWAR KRUPA
HOUSE NO.1811/88
- 45 -
WP No.16582 of 2023
AND CONNECTED MATTERS
18TH CROSS, ANJANEYA EXTENSION
DAVANAGERE-577004.
46 . C V SRINIVASA
S/O LATE H R VASUDEVA RAO
AGED ABOUT 64 YEARS
RETD. EXECUTIVE OFFICER
TALUK PANCHAYATH, SIRAGUPPA
R/O NO.1044, 7TH MAIN
SRI RAGHAVENDRA SWAMY TEMPLE ROAD
HOSAKEREHALLI, BSK III STAGE
BENGALURU-560085.
47 . MALLAPPA S/O CHIKKEGOWDA
AGED ABOUT 70 YEARS
RETD. HIGH SCHOOL HEAD MASTER
R/O VINAYAKA BADAVANE
HALEBEEDU POST, BELURU TLAUK
HASSAN DISTRICT-573121.
48 . NEELAKANTHACHAR
S/O LATE GANESHAPPA
AGED ABOUT 67 YEARS
RETD. PANCHAYATH DEVELOPMENT OFFICER
DEPT. OF RURAL DEVELOPEMENT
AND PANCHAYAT RAJ
R/O C/O BELLUDI AND POST
HARIHAR, DAVANAGERE-577601.
49 . HONNATTEPPANAVAR D S
AGED ABOUT 67 YEARS
RETD. FIRST DIVISION SURVEYOR
REVENUE DEPARTMENT
R/O BELLUDI AND POST
HARIHAR TALUK
DAVANAGERE DISTRICT-577601.
50 . K P SHARADA,
W/O K M NANAIAH
AGED ABOUT 70 YEARS
RETD. WARDEN
TALUK SOCIAL WELFARE DEPT.,
R/O NO.3797, 20TH E MAIN,
- 46 -
WP No.16582 of 2023
AND CONNECTED MATTERS
8TH CROSS, 2ND STAGE,
VIJAYANAGARA, MYSORE-570030.
...RESPONDENTS
(BY SRI PRASAD PATIL, ADV. FOR R2 TO R8, R10, R12,
R15, R17 TO R19, R22, R24 TO R29.
R11, R20, R21, R31, R33, R34, R38, R39, R42, R44,
R46, R47 & R50 - SERVED AND UNREPRESENTED.)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR
THE RECORDS IN APPLICATION NOS.5124-5173/2021 ON THE
FILE OF THE KARNATAKA ADMINISTRATIVE TRIBUNAL,
BENGALURU AS PER ANNEXURE-A AND B) ISSUE A WRIT OF
CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR
DIRECTION SETTING ASIDE THE IMPUGNED ORDER DATED
01.12.2022 IN APPLICATIONS NOS.5124-5173/2021, ON THE
FILE OF THE KARNATAKA ADMINISTRATIVE TRIBUNAL,
BENGALURU, AS PER ANNEXURE-A AND ETC.
THESE PETITIONS HAVING BEEN HEARD AND RESERVED
ON 12.09.2025 AND COMING ON FOR PRONOUNCEMENT OF
ORDER, THIS DAY (THROUGH VIDEO CONFERENCE),
S.G.PANDIT J., DELIVERED THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE S.G.PANDIT
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
- 47 -
WP No.16582 of 2023
AND CONNECTED MATTERS
CAV ORDER
(PER: THE HON'BLE MR. JUSTICE S.G.PANDIT)
The petitioner-State is before this Court under Article 226
of the Constitution of India, questioning the correctness or
otherwise of the orders passed in different applications
directing the State Government to grant additional qualifying
service under Rule 247A of the Karnataka Civil Service Rules
(hereinafter referred to as 'the KCSRs', for short), as it stood
on the date of respondents' appointment.
2. The moot question involved in these batch of writ
petitions is as to whether the respondents herein would be
entitled for adding qualifying service under Rule 247A of KCSRs
as it stood on the date of their appointment or as it stood on
the date of their retirement.
3. The respondents were initially appointed as daily
wagers/stipendiary graduates in several departments. At the
time of initial appointment of the respondents as daily
wagers/stipendiary graduates, all the respondents were aged
more than 30 years. Subsequently, their services were
regularised and they were absorbed into government service.
All the respondents retired from service on attaining the age of
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superannuation between 1995 and 2012. On retirement, the
respondents sought for adding additional qualifying service in
terms of Rule-247A of the KCSRs. Initially, the State
Government declined the benefit of Rule 247A of the KCSRs,
but subsequently granted the benefit of adding additional
qualifying service in terms of Rule 247A of the KCSRs. In terms
of Rule 247A of the KCSRs, the petitioner-State granted adding
qualifying service of four years or two years, as the case may
be, depending on the date of retirement of the respondents.
However, the respondents approached the Tribunal seeking to
add additional qualifying service of eight years, contending that
as on the date of their appointment, Rule 247A of the KSCRs
provided for adding additional qualifying service of maximum of
eight years, which they would be entitled to. The Tribunal,
accepting the contention of the respondents, allowed the
applications directing the State Government to add additional
qualifying service with maximum qualifying service of eight
years or four years, as the case may be, taking into account
the date of appointment of the respondents. Questioning the
same, the petitioners-State authorities are before this Court in
these writ petitions.
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4. Heard Learned Additional Advocate General Sri.
Reuben Jacob along with Sri. V. Shiva Reddy, Additional
Government Advocate as well as Sri. B.Ravindranath,
Additional Government Advocate, and Sriyuths V.S.Ravindra
Holla, B.J.Somayaji, Madhusudan M., Raghavendra G.Gayathri,
Basavaraja Patel G.K., N.Khetty for Smt. Akkamahadevi
Hiremath, learned counsel for the respondents/employees and
Sri. Ashok A.Minache, party in person in W.P. No.4099/2023.
Perused the entire writ petition papers.
5. Learned Additional Advocate General would contend
that the order of the Tribunal directing the petitioners to add
additional maximum qualifying service under Rule 247A of the
KCSRs as it stood on the date of appointment of the
respondents, is wholly erroneous and opposed to Rule 6 of the
KCSRs. Learned Additional Advocate General would submit that
Rule 247A of the KCSRs provides for adding qualifying service
to persons recruited after completing the age of 30 years, a
period equal to the difference between the age as on their date
of birth immediately preceding the date of direct appointment
and 30 years, subject to a maximum of two years. It is
submitted that Rule 247A in terms of notification dated
01.01.1978, provided for adding maximum of eight years of
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qualifying service; the same was amended vide notification
dated 04.11.2004 reducing the period of maximum of eight
years to four years as additional qualifying service; and the
said Rule was further amended by notification dated
15.05.2012, reducing the maximum period of four years to two
years as additional qualifying service.
6. Learned Additional Advocate General would submit
that adding of qualifying service is relatable to the age of
superannuation. He submits that earlier, the age of
superannuation was 55 years and, at that time, a maximum of
eight years of qualifying service was permitted to be added;
when the age of superannuation was increased to 58 years,
adding of qualifying service was reduced to four years; and
when the age of superannuation was increased to 60 years, the
additional qualifying service was reduced to two years. Thus,
the learned Additional Advocate General would submit that the
adding maximum of qualifying service is relatable to age of
superannuation.
7. Learned Additional Advocate General placing
reliance on Rule 6 of the KCSRs would vehemently contend that
pension shall be determined by the Rules in force at the time
when a government servant retires or is discharged from the
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service of the government. He submits that when the Rule
specifically provides for determination of pension under Rule 6
in force as on the date of government servant's retirement, the
respondents cannot seek benefit contrary to the said Rule.
Learned Additional Advocate General would also contend that
adding qualifying service under Rule 247A of the KCSRs is not a
condition of service, but a policy decision providing benefit of
adding qualifying service to the appointees who are appointed
on completion of thirty years of age.
8. Learned Additional Advocate General would point
out that the Tribunal failed to properly appreciate Rule 6 of the
KCSRs and has wrongly come to the conclusion that the service
rules as on the date of respondents' appointment shall be
applicable and the same shall not be altered to their
disadvantage. Learned Additional Advocate General would
submit that the respondents are governed by service rules
which could be altered unilaterally without the consent of the
employees. Further, learned Additional Advocate General would
submit that the respondents, who are government servants,
are not guaranteed by the service conditions as on the date of
their appointment, and the service conditions could be altered
at any time. Though he submits that such alteration shall not
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take away vested or accrued right, it is his specific contention
that adding qualifying service is not a vested right or accrued
right. As such, he submits that the Rule which was in existence
for fixation of pension as on their date of retirement would be
applicable to the respondents. Thus, he prays for allowing the
writ petitions.
9. Per contra, learned counsels appearing for the
respondents would submit that the respondents were initially
appointed as daily wagers/stipendiary graduates and were
regularised subsequently. It is submitted that the service
rendered by them as stipendiary graduates/daily wagers is
directed to be considered for determining the pensionary
benefits. It is also submitted that the respondents are entitled
to the benefit of adding qualifying service under Rule 247A of
the KCSRs. Learned counsel, Sri. N.Khetty, appearing for some
of the respondents, along with other learned counsel, would
submit that the respondents, as on the date of their
appointment, acquired right to pay and allowances, and
pension subject to acquiring qualifying service, and as the
respondents had acquired such right, the said right was vested
in them which cannot be taken away subsequently, detrimental
to the interest of the respondents/employees. Learned counsel
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for the respondents would submit that as on the date of
appointment of the respondents, Rule 247A of the KCSRs
provided for adding eight years of qualifying service and as
such, the respondents would be entitled for adding eight years
of qualifying service for the purpose of determination of their
pension.
10. Learned counsel for the respondents would submit
that Rule 6 of the KCSRs would have no application to the facts
of the present case, as the same would apply to the employees
absorbed on re-organisation. Moreover, they submit that Rule
247A of the KCSRs as amended in the year 2004 and 2012
reduced the period of qualifying service from four years to two
years, which cannot be made retrospective so as to take away
the accrued right of the respondents.
11. It is submitted that Rule 6 is only a procedural rule
and the respondents acquired right to pension based on the
rule which existed as on the date of their appointment and they
would be entitled to adding qualifying service, which stood as
on the said date of their appointment. Learned counsel for the
respondents placed reliance on the decision of Hon'ble Supreme
Court in Smt. Katta Sujatha Reddy v. Siddamsetty Infra
Projects Pvt. Ltd. and Ors. [AIR 2022 SC 5435] to contend that
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subsequent amendment to Rule 247A of the KCSRs cannot be
retrospective. Thus, they prayed for dismissal of the petitions.
12. Having heard the learned counsel for the parties,
the only point which falls for consideration is as to whether the
Tribunal was justified in directing to add maximum qualifying
service of eight years or four years, as the case may be in
terms of Rule 247A of the KCSRs, as it stood, as on the date of
their appointment?.
13. Our answer to the above point would be in the
negative for the following reasons:
(a) The respondents would be entitled for adding qualifying
service in terms of Rule 247A of the KCSRs as it stood on
the date of their retirement i.e., as on the date of fixation
of their pension and pensionary benefits.
(b) It is not in dispute that the respondents were initially
appointed as daily wagers/stipendiary graduates and
subsequently were regularised or absorbed into
government service. It is also an admitted fact that the
respondents would be entitled for the benefit of adding
additional qualifying service in terms of Rule 247A of the
KCSRs. However, the question is, whether the respondents
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would be entitled for the benefit of adding qualifying
service in terms of Rule 247A of the KCSRs as it stood on
their date of appointment.
(c) Rule 247A of the KCSRs provides for adding qualifying
service to persons recruited after completing the age of 30
years, a period equal to the difference between the age as
on their date of birth immediately preceding the date of
direct appointment and 30 years, subject to a maximum of
two years. In terms of Notification dated 12.07.1978, Rule
247A of the KCSRs was amended and the said amendment
provided for adding of qualifying service of maximum of
eight years. Again, under Notification dated 04.11.2004,
Rule 247A was amended reducing adding of qualifying
service from eight years to four years. Thereafter, under
Notification dated 15.02.2012, Rule 247A was further
amended to reduce adding of qualifying service to two
years from four years. In 1978, when adding of maximum
period of eight years of qualifying service was provided,
the age of superannuation of a government servant was
55 years. When the said qualifying service was reduced to
four years by amendment in the year 2004, the State
increased the age of superannuation to 58 years, and as
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on the date of amendment in the year 2012 when adding
of qualifying service was reduced to two years, the age of
superannuation was increased to 60 years. Thus, adding of
qualifying service relates to the age of superannuation so
as to make the appointees who are appointed subsequent
to completion of 30 years on par with that of persons who
are appointed prior to the age of 30 years.
(d) Rule 6 of the KCSRs subsequent to amendment by
Notification dated 30.01.2014 reads as follows:
"6. The claim of a Government servant to
pay and allowances, including traveling
allowances, is regulated by the rules in force at
the time, at which the pay and allowances are
earned; to leave, by the rules in force at the time
leave is applied for and granted and to pension,
by the rules in force at the time when the
Government servant retires or is discharged from
the service of Government."
(e) Under amendment Notification dated 30.01.2014, the
words and figures "Subject to the provisions relating to
protection of conditions of service, if any, under Section
115 of the States Reorganisation Act, 1956" were omitted
from Rule-6 of the KCSRs. Rule 6 of the KCSRs fixes the
date of entitlement of a government servant to pay and
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allowance; to leave; and to pension. The claim of a
Government servant under above Rule 6 could be
dissected into three parts:
(i) to pay and allowances, including traveling
allowances, is regulated by the rules in force at
the time, at which the pay and allowances are
earned;
(ii) to leave, is regulated by the rules in force at the
time leave is applied for and granted; and
(iii) to pension, is regulated by the rules in force at
the time when the Government servant retires
or is discharged from the service of
Government.
In other words, the above Rule specifies or regulates the
pay and allowances, leave and pension of a government
servant in terms of the Rules which exists as on the date
of earning or retirement. The above Rule aptly makes it
clear that a government servant, on retirement, would be
entitled for pension in terms of Rules in force as on the
date of retirement of such government servant.
(f) In the instant case, adding of qualifying service under Rule
247A of the KCSRs is for the purpose of determining the
qualifying service for pension and pensionary benefits. The
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pension, in terms of Rule 6, would accrue to a government
servant on his retirement, and in terms of Rule 6, such
pension shall be determined on the basis of the Rules in
force at the time of retirement of such government
servant. Therefore, the respondents would be entitled for
the benefit of adding of qualifying service in terms of Rule
247A of the KCSRs as it stood on the date of their
retirement and not as on the date of their appointment.
(g) The learned counsel for the respondents contend that right
to pension accrued to them as on the date of their
appointment and as they had acquired the said right and
the said right having been vested in them could not have
been taken away by subsequent amendment. As held by
us, in terms of Rule 6 of the KCSRs, pension and
pensionary benefits would accrue to a government servant
as on the date of his/her retirement and pension and
pensionary benefits shall be determined in terms of the
Rules existing as on the date of their retirement.
(h) Learned counsel for the respondents also contended that
service condition which existed as on the date of
appointment of the respondents could not have been
altered to their disadvantage and they would be entitled
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for service condition which existed as on the date of their
appointment. The said contention is unsustainable and
cannot be accepted. The relationship of the petitioner and
the respondents is that of employer and employee and the
respondents are governed by service rules and statues
insofar as the service conditions and other benefits are
concerned. The relationship of the employer and employee
in the instant case is statutory in nature and not a
contractual one. It is settled position of law that service
condition of an employee could be altered at any time. But
such alteration of service condition shall not take away the
accrued or vested right. The Hon'ble Apex Court in
Chairman, Railway Board & Others v. C.R.
Rangadhamaiah & Others, (1997) 6 SCC 623, was
examining the statutory notifications under which the
percentage of running allowance to the pensioners of
Indian Railway Establishment, was reduced from 55% to
45% retrospectively. While considering the same, at
paragraphs 16, 17, 18, 19 and 20, the Hon'ble Apex Court
held as follows:
"16. It is no doubt true that once a person joins
service under the Government the relationship
between him and the Government is in the nature of
status rather than contractual and the terms of his
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service while he is in employment are governed by
statute or statutory rules, which may be unilaterally
altered without the consent of the employees. It has
been so held by this Court in Roshan Lal Tandon [AIR
1967 SC 1889 : (1968) 1 SCR 185 : (1968) 1 LLJ
576] and State of J&K v. Triloki Nath Khosa [(1974)
1 SCC 19 : 1974 SCC (L&S) 49 : (1974) 1 SCR 771]
(SCR at pp. 779, 780 : SCC p. 29, para 16). It may,
however, be mentioned that in Roshan Lal
Tandon [AIR 1967 SC 1889 : (1968) 1 SCR 185 :
(1968) 1 LLJ 576] the petitioner was invoking his
rights under the contract of service and the said
contention was rejected by the Court with the
observation:
"We are therefore of the opinion that the
petitioner has no vested contractual right in
regard to the terms of his service and that
the counsel for the petitioner has been
unable to make good his submission on this
aspect of the case."
17. In B.S. Vadera [AIR 1969 SC 118 : (1968) 3
SCR 575 : (1970) 1 LLJ 499] it has been held that
the rules under the proviso to Article 309 have effect
subject to the provisions of the Act made by the
appropriate legislature under the main part of Article
309, if the appropriate legislature has passed an Act
under Article 309 and in the absence of any Act of
the appropriate legislature on the matter the rules
made under the proviso to Article 309 are to have full
effect both prospectively and retrospectively. Since
the power of the appropriate legislature to enact a
law under Article 309 has to be exercised subject to
the provisions of the Constitution, the power to make
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rules under the proviso to Article 309 has to be
exercised subject to the provisions of the
Constitution. The Court has, therefore, said:
"... Apart from the limitations, pointed
out above, there is none other, imposed by
the proviso to Article 309, regarding the
ambit of the operation of such rules. In
other words, the rules, unless they can be
impeached on grounds such as breach of
Part III, or any other constitutional
provision, must be enforced, if made by the
appropriate authority."(p. 585)
18. This means that even though the President, in
exercise of his power under the proviso to Article
309, can make rules which may have prospective or
retrospective operation, the said rules may be open
to challenge on the ground of violation of the
provisions of the Constitution, including the
Fundamental Rights contained in Part III of the
Constitution.
19. In Triloki Nath Khosa [(1974) 1 SCC 19 :
1974 SCC (L&S) 49 : (1974) 1 SCR 771] rules had
been framed altering the criterion of eligibility for
promotion from the post of Assistant Engineer to the
post of Executive Engineer and the same were
challenged on the ground of retrospectivity by the
Assistant Engineers who were in service on the date
of making of these rules. Rejecting the said
contention, this Court said: (SCC pp. 28-29, para 16)
"16. ... It is wrong to characterise the
operation of a service rule as retrospective
for the reason that it applies to existing
employees. A rule which classifies such
employees for promotional purposes,
undoubtedly operates on those who entered
service before the framing of the rule but it
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operates in futuro, in the sense that it
governs the future right of promotion of
those who are already in service. The
impugned rules do not recall a promotion
already made or reduce a pay scale already
granted. They provide for a classification by
prescribing a qualitative standard, the
measure of that standard being educational
attainment. Whether a classification
founded on such a consideration suffers
from a discriminatory vice is another matter
which we will presently consider but surely,
the rule cannot first be assumed to be
retrospective and then be struck down for
the reason that it violates the guarantee of
equal opportunity by extending its arms
over the past. If rules governing conditions
of service cannot ever operate to the
prejudice of those who are already in
service, the age of superannuation should
have remained immutable and schemes of
compulsory retirement in public interest
ought to have foundered on the rock of
retroactivity. But such is not the implication
of service rules nor is it their true
description to say that because they affect
existing employees they are retrospective."
20. It can, therefore, be said that a rule which operates
in futuro so as to govern future rights of those already in
service cannot be assailed on the ground of retroactivity
as being violative of Articles 14 and 16 of the
Constitution, but a rule which seeks to reverse from an
anterior date a benefit which has been granted or
availed of, e.g., promotion or pay scale, can be assailed
as being violative of Articles 14 and 16 of the
Constitution to the extent it operates retrospectively."
(i) In the instant case, no accrued right or vested right of
respondents is taken away since, in terms of Rule 6 of the
KCSRs, the right to pension would accrue to the
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respondents in terms of the Rules in force at the time
when a government servant retires.
(j) The Tribunal under the impugned orders failed to properly
appreciate Rule 6 of the KCSRs. The Tribunal is not correct
in observing that under Rule 6, it is only aspects such as
nature of pension disbursement, such as commutation,
manner of disbursement etc. that are based on the rules
prevailing at the time of retirement and not the
substantive aspects leading to pension determination such
as the service qualifying for pension. It is to be noted here
that the qualifying service is not determined at the time of
appointment of a person, but is determined only at the
time of grant of pension. Since during the period of service
in government, a government servant might have suffered
punishment and might have absented himself from duty or
any other unforeseen circumstances might have made him
to remain out of service which shall have to be excluded
while determining the qualifying service, which exercise
shall have to be carried out as on the date of determining
the pension or pensionary benefits of a retiring
government servant. Therefore, qualifying service for
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pension could not be determined as on the date of
appointment of government servant.
14. In the light of the above discussion, we hold that
the respondents would be entitled for the benefit of adding
qualifying service in terms of Rule 247A of the KCSRs as it
stood as on the date of retirement of each of the respondents.
15. For the reasons recorded above, the writ petitions
of the State deserve to be allowed. Hence, the following:
ORDER
(i) The Writ Petition Nos.16582/2023, 13427/2022, 18490/2022, 20687/2022, 4099/2023, 12931/2023 and 26337/2023 are allowed in part.
(ii) The orders passed in Application Nos.5189- 5200/2021 (dated 28.03.2022), Application No.1005/2018 C/w 7627/2018 (dated 24.09.2020), Application No.4534/2021 (dated 20.12.2021), Application No.462/2021 (dated 05.01.2022), Application No.4962/2021 (dated 21.04.2022), Application Nos.1899-2017/2022 (dated 22.12.2022) and Application Nos.5124- 5173/2021 (dated 01.12.2022) are modified;
(iii) The petitioner-State authorities are directed to grant additional qualifying service to the
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(iv) In view of the above order, on refixation of pension and pensionary benefits, recovery if any shall not be effected.
Sd/-
(S.G.PANDIT) JUDGE Sd/-
(K. V. ARAVIND) JUDGE KMS CT:bms