Sri Ramkrishnappa vs Bruhath Bengaluru Mahanagara Palike
2024 Latest Caselaw 27841 Kant

Karnataka High Court

Sri Ramkrishnappa vs Bruhath Bengaluru Mahanagara Palike on 20 November, 2024

Author: S Sunil Dutt Yadav

Bench: S Sunil Dutt Yadav

                                             -1-
                                                          NC: 2024:KHC:47085
                                                       WP No. 25421 of 2024




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 20TH DAY OF NOVEMBER, 2024

                                          BEFORE
                        THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV
                         WRIT PETITION NO. 25421 OF 2024 (S-RES)


                   BETWEEN:

                   1.    SRI RAMKRISHNAPPA
                         S/O LATE BUCHAPPA,
                         AGED ABOUT 59 YEARS,
                         W/AS MALI IN THE
                         O/O ASSISTANT EXECUTIVE ENGINEER,
                         BRUHATH BENGALURU MAHANAGARA PALIKE
                         KENGERI SUB-DIVISION,
                         BENGALURU - 560 060.
                                                            ... PETITIONER
                   (BY SRI. NANJA REDDY P N., ADVOCATE)

                   AND:

Digitally signed
by PRAKASH N       1.    BRUHATH BENGALURU MAHANAGARA PALIKE
Location: HIGH
COURT OF                 REPRESENTED BY ITS
KARNATAKA                CHIEF COMMISSIONER,
                         N.R.SQUARE,
                         BENGALURU - 560 002.

                   2.    DEPUTY COMMISSIONER (ADMINISTRATION)
                         BRUHATH BENGALURU MAHANAGARA PALIKE,
                         N.R.SQUARE,
                         BENGALURU - 560 002.
                                                          ... RESPONDENTS
                   (BY SRI. SINCHANA M R., ADVOCATE)
                                   -2-
                                                 NC: 2024:KHC:47085
                                              WP No. 25421 of 2024




     THIS W.P. IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE
RESPONDENTS TO CORRECT THE DATE OF BIRTH OF THE
PETITIONER IN THE SERVICE REGISTER AS 20.06.1973
INSTEAD OF 20.06.1965 AND CONTINUE HIS SERVICE AS MALI
OR ANY OTHER POST TILL HE ATTAINS THE AGE OF
SUPERANNUATION OF 60 YEARS I.E. ON 20.06.2033 BY
CONSIDERING HIS REPRESENTATION AT ANNEXURE-A DTD
16.07.2024 AND ETC.

     THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM:        HON'BLE MR JUSTICE S SUNIL DUTT YADAV


                           ORAL ORDER

The petitioner has sought for issuance of writ of

mandamus to direct the respondents to correct the date of

birth of the petitioner in the Service Register as

20.06.1973 instead of 20.06.1965 and has submitted the

representation at Annexure-A. Accordingly, he seeks for

direction to consider his request.

2. Smt.Sinchana M.R., learned counsel appearing for

respondent-BBMP relies on the judgment of the Apex

Court in the case of Karnataka Rural Infrastructure

Development Limited v. T.P.Nataraja and Others

NC: 2024:KHC:47085

reported in (2021) 12 SCC 27 and submits that the

request made at the belated stage at the fag end of

service cannot be considered.

3. However, the matter could be considered and

appropriate decision be taken on the representation at

Annexure-A by respondent no.2 within a period of six

weeks from the date of receipt of certified copy of this

order. All contentions are kept open.

4. Accordingly, the petition is disposed off.

Sd/-

(S SUNIL DUTT YADAV) JUDGE

Np/-