Nagaraju vs The State Of Karnataka
2023 Latest Caselaw 3772 Kant

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                                                           NC: 2023:KHC:22697
                                                            WP No. 11663 of 2023




                            IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                  DATED THIS THE 28TH DAY OF JUNE, 2023

                                                 BEFORE
                                THE HON'BLE MR. JUSTICE E.S. INDIRESH
                                WRIT PETITION NO.11663 OF 2023 (S-R)
                       BETWEEN:
                       NAGARAJU
                       SINCE DEAD REP. BY HIS LEGAL REPRESENTATIVES

                       1.

NINGAMMA W/O LATE NAGARAJU AGED ABOUT 48 YEARS.

2. PAVITHRA D/O LATE NAGARAJU AGED ABOUT 18 YEARS.

PETITIONERS 1 AND 2 ARE R/AT: NO.2547, 4TH CROSS, K.G. KOPPAL, MYSURU - 570 009.

S. MANJUNATH SINCE DEAD REP. BY HIS LEGAL REPRESENTATIVES Digitally signed by ARUN KUMAR M S Location: HIGH COURT OF KARNATAKA 3. LAKSHMI W/O LATE S. MANJUNATH AGED ABOUT 43 YEARS.

4. POOJA M.

D/O LATE S. MANJUNATH AGED ABOUT 24 YEARS.

5. DANUSH M.

S/O LATE S. MANJUNATH AGED ABOUT 23 YEARS.

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6. DEEKSHA M.

D/O LATE S. MANJUNATH AGED ABOUT 21 YEARS.

PETITIONERS 3 TO 6 ARE R/AT: NO.01, 2ND CROSS, KURUBARAHALLI, SIDDARTHANAGAR, MYSURU - 570 011.

K.MAHADEVA SINCE DEAD REP. BY HIS LEGAL REPRESENTATIVES

7. M. MAHESH S/O LATE K. MAHADEVA AGED ABOUT 46 YEARS.

8. KALAVATHI M.

D/O LATE K. MAHADEVA AGED ABOUT 44 YEARS.

PETITIONERS 7 AND 8 ARE R/AT: NO.263/1, NEW LAYOUT KESARE, NORTH EAST OFF N.R. MOHALLA MYSURU, NARASIMHA RAJA MOHALLA, MYSURU - 570 007.

9. RAJESHWARI M.

D/O LATE K. MAHADEVA, AGED ABOUT 42 YEARS R/AT NO.38, 2ND MAIN ROAD, 3RD CROSS, MYSURU ROAD, AVALAHALLI NEW EXTENSION, GOVERNMENT ELECTRIC FACTORY, BENGALURU SOUTH, BENGALURU - 560 026.

SWAMY SINCE DEAD REP. BY HIS LEGAL REPRESENTATIVES

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10. SUSHEELAMMA W/O LATE SWAMY AGED ABOUT 50 YEARS.

11. UMESHA S.

S/O LATE SWAMY AGED ABOUT 50 YEARS.

PETITIONERS 10 AND 11 ARE R/AT: NO.2459/1, 2ND MAIN, 3RD CROSS, VINAYAKANAGARA, VTC MYSURU- 570 012.

NAGARAJU V.

SINCE DEAD REP. BY HIS LEGAL REPRESENTATIVES

12. PADMA W/O LATE NAGARAJU V. AGED ABOUT 51 YEARS R/AT NO.214, KONE BEEDI, KASABA HOBLI, RBI POST, K.R. MILL COLONY, MYSURU - 570 003.

13. ROOPA D/O LATE NAGARAJU V. AGED ABOUT 35 YEARS R/AT NO.27/1, MARIGUDI BEEDI, KUMBARAKOPPALU, MYSURU - 570 016.

14. ANIL N.

S/O LATE NAGARAJU V. AGED ABOUT 28 YEARS R/AT NO.214, KONE BEEDI, KASABA HOBLI, RBI POST, K.R. MILL COLONY, MYSURU - 570 003.

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MAHADEVU SINCE DEAD REP. BY HIS LEGAL REPRESENTATIVES

15. MAHADEVAMMA W/O LATE MAHADEVU AGED ABOUT 53 YEARS.

16. ASHA D/O LATE MAHADEVU W/O ANIL KUMAR M.

AGED ABOUT 36 YEARS.

17. M. CHANDRASHEKAR S/O LATE MAHADEVU AGED ABOUT 34 YEARS.

PETITIONERS 15 TO 17 ARE R/AT: NO.791, 3RD CROSS, SUMADA KERI, K.R. MOHALLA, MYSURU- 570 024.

18. M. BHAGYALAKSHMI D/O LATE MAHADEVU W/O LATE AVINASH B.

AGED ABOUT 32 YEARS, NO.3001/1, 4TH CROSS, BEHIND RAMAMANDIRA, T.K. LAYOUT, SARASWATHIPURAM, MYSURU - 570 009.

SIDDDARAJU SINCE DEAD REP. BY HIS LEGAL REPRESENTATIVES

19. SUJATHA W/O LATE SIDDARAJU AGED ABOUT 51 YEARS.

20. KUMARA S.

S/O LATE SIDDARAJU AGED ABOUT 42 YEARS.

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21. ARUNA S/O LATE SIDDARAJU AGED ABOUT 39 YEARS.

PETITIONERS 19 TO 21 ARE R/AT: NO.496, AMBEDKAR BEEDI, LALITHADRIPURA, MYSURU - 570 028.

CHANDRA SINCE DEAD REP. BY HIS LEGAL REPRESENTATIVES.

22. JAVARAMMA W/O LATE CHANDRA AGED ABOUT 50 YEARS.

23. SHASHI D/O LATE CHANDRA AGED ABOUT 31 YEARS.

24. MADEVI D/O LATE CHANDRA AGED ABOUT 30 YEARS.

25. MADESHA S/O LATE CHANDRA AGED ABOUT 30 YEARSS

PETITIONERS 22 TO 25 ARE R/AT: NO.62, RAMMANAHALLI, KASABA HOBLI, MYSURU TALUK, MYSURU - 570 019.

M. NAGARAJU SINCE DEAD REP. BY HIS LEGAL REPRESENTATIVES

26. KAVITHA N.

D/O LATE M. NAGARAJU AGED ABOUT 37 YEARS R/AT: NO.G01, BLOCK-03,

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NARAM COMPLEX, SREE SHIVARATHRISHWAR NAGAR, BANNIMANTAPA, MYSURU - 570 015.

27. ANITHA N.

D/O LATE M. NAGARAJU AGED ABOUT 35 YEARS, R/AT: NO.G2, BLOCK-04, NURM COMPLEX, S.S.NAGAR, BANNIMANTAPA, MYSURU - 570 015.

28. SUNITHA N.

D/O LATE M. NAGARAJU AGED ABOUT 33 YEARS, R/AT: NO.37, SREE SHIVARATHRISHWAR NAGAR, BANNIMANTAPA, MYSURU - 570 015.

KRISHNA @ KRISHNANNA SINCE DEAD REP. BY HIS LEGAL REPRESENTATIVES

29. SMT. PADMA W/O LATE KRISHNA @ KRISHNANNA AGED ABOUT 48 YEARS, R/AT: NO.115, RAMADEVARA BEEDI, SRIRANGAPATTANA TALUK, NAJUVANAHALLI, MANDYA - 571 438.

30. MADHURA K.

D/O LATE KRISHNA @ KRISHNANNA, AGED ABOUT 33 YEARS, R/AT: NO.334, KUVEMPUNAGAR, SRIRANGAPATTANA TALUK, NAJUVANAHALLI, MANDYA - 571 438.

SOMA @ SOMU SINCE DEAD REP. BY HIS LEGAL REPRESENTATIVES

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31. GAYATHRI W/O LATE SOMA AGED ABOUT 46 YEARS R/AT NO.1, 8TH CROSS, SUNNADA KERI, K.R. MOHALLA, MYSURU - 570 024.

32. LAKSHMI S.

D/O LATE SOMA AGE: MAJOR R/AT: NO.1, 8TH CROSS, SUNNADA KERI, K.R. MOHALLA, MYSURU - 570 024.

...PETITIONERS (BY SRI. SHARATH S. GOWDA.,ADVOCATE)

AND:

1. THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001.

2. THE STATE OF KARNATAKA REP. BY THE PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001.

3. DIRECTORATE OF MUNICIPAL ADMINISTRATION REP. BY ITS SECRETARY, DR. B.R. AMBEDKAR ROAD, 9TH AND 10TH FLOOR, VISHVESHWARAIAH TOWER, BENGALURU - 560 001.

4. MYSURU CITY CORPORATION NEW SAYYAJI RAO ROAD,

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MYSURU - 570 024.

REP. BY ITS COMMISSIONER.

5. THE DEPUTY COMMISSIONER MYSURU, KRISHNARAJA BOULVARD ROAD, MYSURU DISTRICT, MYSURU - 570 001.

...RESPONDENTS (BY SRI. M.S. NAGARAJA, AGA FOR R1 TO R3 AND R5; SMT. M.P. GEETA DEVI, ADVOCATE FOR R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT-AUTHORITIES TO CONSIDER THE SERVICE OF DECEASED EMPLOYEES HEREIN WHO HAVE DIED WHILE IN SERVICE, AS DEEMED REGULARIZED AND TO DISBURSE THEIR RETIREMENT AND OTHER CONSEQUENTIAL SERVICE BENEFITS INCLUSIVE OF PENSIONARY BENEFITS TO THE PETITIONERS HEREIN WHO ARE THEIR LEGAL REPRESENTATIVES; AND ETC.

THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

In this writ petition, petitioners have sought for direction

to the respondent-Authorities to consider the service of

deceased employees who have died while in service as deemed

regularised and to disburse their retirement and other

consequential service benefits including the pensionary benefits

NC: 2023:KHC:22697 WP No. 11663 of 2023

to the petitioners, who are the legal representatives of the

deceased employees.

2. Heard Sri. Sharath S. Gowda, learned counsel

appearing for petitioners; Sri. M.S. Nagaraja, learned Additional

Government Advocate appearing for respondents 1 to 3 and 5;

and Smt. M.P. Geetha Devi, learned counsel appearing for

respondent No.4.

3. It is submitted by the learned counsel appearing for

the parties that the issue involved in this writ petition is

squarely covered by order of this Court dated 11th April, 2023

made in Writ Petition No.22477 of 2022. Accordingly, in terms

of the judgment rendered by this Court in the aforementioned

writ petition, the present writ petition is disposed of with a

direction to the respondent-Authorities to consider the case of

petitioners, within three months from the date of receipt of this

order.

SD/-

JUDGE

ARK