Bhaskar Rao T vs The Director(A And Hr)
2023 Latest Caselaw 10936 Kant

Karnataka High Court

Bhaskar Rao T vs The Director(A And Hr) on 18 December, 2023

Author: N S Sanjay Gowda

Bench: N S Sanjay Gowda

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                                                      NC: 2023:KHC:46148
                                                    WP No. 20836 of 2023




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 18TH DAY OF DECEMBER, 2023

                                      BEFORE
                   THE HON'BLE MR JUSTICE N S SANJAY GOWDA
                     WRIT PETITION NO. 20836 OF 2023 (S-R)
            BETWEEN:

            1.    BHASKAR RAO T
                  S/O LATE T SHIVA RAO
                  AGED ABOUT 66 YEARS
                  R/A NO.552, 11TH MAIN
                  8TH CROSS, K C LAYOUT
                  NAZARBAD MOHALLA
                  MYSORE-570001.

            2.    VENKATESHA BABU
                  S/O LATE K V SEEETHARAMAIAH
                  AGED ABOUT 67 YEARS
                  R/A NO.415, D BLOCK
                  6TH CROSS, IST STAGE, J P NAGAR
                  MYSORE-570031.

            3.    MOHAMED SHABEER
Digitally         S/O LATE J MOHAMED
signed by
KIRAN             AGED ABOUT 65 YEARS
KUMAR R           R/A LIT-44, KHB, QUBA MASJID ROAD
Location:
HIGH              UDAYAGIRI, MYSORE-560019.
COURT OF
KARNATAKA
            4.    P KARUNANIDHI
                  S/O LATE PERUMAL
                  AGED ABOUT 70 YEARS
                  R/A NO.160/1, 2ND STAGE
                  2ND MAIN, GOKULAM
                  MYSORE-560002.

            5.    GOVINDAPPA
                  S/O CHANNAPPA
                  AGED ABOUT 80 YEARS
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                                        NC: 2023:KHC:46148
                                     WP No. 20836 of 2023




     R/A NO.1706, TURUVANUR ROAD
     BEHIND BASAPPA HOSPITAL
     CHITRADURGA-577501.
                                            ...PETITIONERS
(BY SRI. SRINIVASA K., ADVOCATE)

AND:

1.   THE DIRECTOR (A AND HR)
     KPTCL, CORPORATE OFFICE
     CAUVERY BHAVAN, K G ROAD
     BANGALORE-560009.

2.   THE GENERAL MANAGER(A AND HR)
     CESC, 29, 2ND STAGE
     VIJAYANAGAR, HINAKAL
     MYSORE-570017.

3.   THE CHIEF ENGINEER(ELE) KPTCL
     ZONAL OFFICE, PRASARAN BHAVAN
     F T S PREMISES, N R MOHALLA
     MYSORE CIRCLE, MYSORE-570007.

4.   THE SUPERINTENDENT ENGINEER(ELE)
     O AND M CIRCLE OFFICE
     CESC, KUVEMPUNAGAR
     MYSORE-570023
                                         ...RESPONDENTS
(BY SMT.RAKSHITHA.D.J., ADVOCATE FOR R-1 TO R-4)

       THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECTING    THE   RESPONDENTS     TO    CONSIDER     THE
REPRESENTATION OF THE 5TH PETITIONER DATED 07/06/2023
AND NOTICE DATED 13/06/2023 IN RESPECT OF PETITIONERS
NO. 1 TO 4 VIDE ANNEXURE-F AND G RESPECTIVELY AND TO
SANCTION ONE ANNUAL INCREMENT FOR THE LAST YEAR OF
SERVICE RENDERED BY THE PETITIONERS AS ON THE DATE OF
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                                           NC: 2023:KHC:46148
                                        WP No. 20836 of 2023




THEIR   RETIREMENT      WITH    ALL   OTHER   CONSEQUENTIAL
MONETARY     BENEFITS    INCLUDING     PROPER    FIXATION   OF
BASIC, PAYMENT OF DIFFERENCE AND ARREARS OF DCRG,
PENSION ARREARS ETC.
       THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

                            ORDER

1. The prayer in this writ petition is for issuance of a

mandamus to the respondents to consider the representation

dated 07.06.2023 and also the notice dated 13.06.2023, by

which, the petitioners are claiming for sanction of one annual

increment for the last year of service rendered by them.

2. It is stated that in W.P.No.11822/2019 and connected

matters decided on 13.09.2023, this Court has held that the

persons, who had rendered service and who retired one day

after the increment fell due, would be entitled for additional

increment.

3. In view of the above, the respondents are directed to

consider the representation dated 07.06.2023 and also the

notice dated 13.06.2023 in the light of the judgment of this

Court passed in W.P.No.11822/2019 & connected matters

NC: 2023:KHC:46148

disposed of on 13.09.2023 and pass appropriate orders within a

period of two months from the date of receipt of a copy of this

order.

Writ Petition is accordingly disposed of.

Sd/-

JUDGE

PKS