Karnataka High Court
Smt. Sharada K vs Secretary To Government on 11 September, 2023
Bench: N S Gowda
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NC: 2023:KHC:32793
WP No. 20240 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
WRIT PETITION NO. 20240 OF 2023 (S-RES)
BETWEEN:
1. SMT. SHARADA K
W/O LINGARAJ, AGED ABOUT 53 YEARS,
R/AT NO 38, MIG, K H B COLONY,
KORAMANGALA, BENGALURU 560064.
2. SRI SANGANABASAPPA HUCHCHAPPA HOSALLI
AGED ABOUT 70 YEARS, S/O HUCHAPPA,
C/O H KANTHRAJ, ADVOCATE, 2ND FLOOR,
KURUBAR SANGA BUILDING,
GANDHINAGAR, BENGALURU 01
BENEFIT OF SENIOR CITIZEN NOT CLAIMED
3. SMT C H SAMIUNNISA
AGED ABOUT 52 YEARS,
W/O ASIF ABRAR,
R/AT CAUVERY BUILDING,
Digitally
I G ROAD, CHIKKAMANGALURU 577101.
signed by ...PETITIONERS
PANKAJA S
Location:
(BY SRI. J PRASHANTH., ADVOCATE)
HIGH
COURT OF
KARNATAKA AND:
1. SECRETARY TO GOVERNMENT
DEPARTMENT OF FOOD AND CIVIL SUPPLIES
AND CONSUMER AFFAIRS,
VIKASA SOUDHA, DR B R AMBEDKAR ROAD,
BANGALORE 560 001.
2. THE REGISTRAR AND ADMINISTRATIVE OFFICER
KARNATAKA STATE CONSUMER
DISPUTE REDRESSAL COMMISSION,
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WP No. 20240 of 2023
BASAVA BHAVAN,
BASAVESHWARA CIRCLE,
BANGALORE 560001.
3. THE ACCOUNTANT GENERAL OF KARNATAKA
OFFICE OF THE ACCOUNTANT GENERAL,
PARK HOUSE ROAD, BENGALURU 560001.
...RESPONDENTS
(BY SRI. B.RAVINDRANATH, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT
THE RESPONDENT AUTHORITIES TO CONSIDER THE CASE OF
THE PETITIONERS PURSUANT TO THE REPRESENTATIONS
DATED 08.08.2023 VIDE ANNEXURE-F TO F1 AND DATED
06.06.2023 VIDE ANNEXURE-G AND REPRESENTATION DATED
31.12.2021 VIDE ANNEXURE-H COLLECTIVELY AND EXTEND
THE TO GRANT LEAVE ENCASHMENT BENEFIT PURSUANT TO
THE ORDER PASSED BY THE HON'BLE SUPREME COURT IN SLP
NO.11807/2020 ANNEXURE-D TO THE PETITIONERS.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The prayer in this Writ Petition is to direct the
respondent - Authorities to consider the case of the
petitioners pursuant to representations dated 08.08.2023,
copies of which are produced on Annexures-F and F1.
2. It is contended by the learned counsel for the
petitioners that in case of similarly placed petitioners, a
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WP No. 20240 of 2023
Division Bench of this court in W.A. No.42 of 2013 has
passed an order in the following terms:
"11. Thus, the petitioner holding the post of
the President of the District Forum is entitled for
equal treatment and also entitled for earned leave
on par with the District Judge who is appointed as
President of the District Forum. There cannot be
any disparity between the persons holding the
same post. The action of the respondents in
discriminating the President appointed from
judiciary and President appointed amongst the
advocates is violative of Article 14 of the
Constitution of India. The learned Single Judge
after considering the said aspect has rightly
allowed the writ petition and quashed the
impugned order dated 26.08.2009. We do not
find any ground to interfere with the impugned
order."
3. It is also contended that a Special Leave Petition
preferred against the said order in Special Leave to Appeal
(C) No.11807 of 2020 was dismissed and another Division
Bench in W.A. No. 85 of 2021 has also granted the same
reliefs that have been sought for in the representations
submitted by the petitioners.
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WP No. 20240 of 2023
4. In view of the above submissions, it would be
necessary for the respondents to consider the
representations submitted by the petitioners and pass
orders in accordance with the judgment rendered by the
Division Bench of this Court, as confirmed by the Hon'ble
Supreme Court within a period of two months from the
date of receipt of a copy of this order and pay to the
petitioners all the monetary benefits.
5. Writ Petition is accordingly disposed of.
Sd/-
JUDGE
HNM
