Karnataka High Court
Sri N Ashok Kumar vs The Chief Secretary on 19 November, 2025
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WA No. 1068 of 2021
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF NOVEMBER, 2025
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT APPEAL NO.1068 OF 2021 (S-R)
BETWEEN:
SRI. N. ASHOK KUMAR
S/O LATE NARASIMHA MURTHY
AGED ABOUT 65 YEARS
OCC: RETIRED SHIRASTEDAR
COURT OF SMALL CAUSES
BENGALURU CITY
R/AT No.23
JANATA QUARTERS
AKKAYAMANNA BETTA
MARANAYAKANAHALLI VILLAGE
UTTANAHALLI BETTA
BENGALURU NORTH TALUK
BENGALURU-562 157.
Digitally signed
by ...APPELLANT
CHANNEGOWDA
PREMA
Location: High (BY SRI. V.F. KUMBAR, ADVOCATE)
Court of
Karnataka
AND:
1. THE CHIEF SECRETARY
TO GOVERNMENT OF KARNATAKA
SECRETARIAT
VIDHANA SOUDHA
DR. B.R. AMBEDKAR VEEDHI
BENGALURU-560 001
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2. THE SECRETARY
TO GOVERNMENT OF KARNATAKA
DEPARTMENT OF FINANCE (SERVICE-1)
VIDHANA SOUDHA
DR. B.R. AMBEDKAR VEEDHI
BENGALURU-560 001
3. THE HON'BLE CHIEF JUDGE
COURT OF SMALL CAUSES
BENGALURU CITY CIVIL COURT COMPLEX
BEHIND CAUVERY BHAVAN
BENGALURU-560 001.
REPRESENTED BY THE REGISTRAR
COURT OF SMALL CAUSES
BENGALURU.
...RESPONDENTS
(BY SMT. MAMATHA SHETTY, AGA FOR R1 & R2;
SRI. S.Y. SHIVALLI, ADVOCATE FOR R3;
HCLC - SD)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE
FINAL ORDER DATED 12.10.2020 PASSED BY THE LEARNED
SINGLE JUDGE OF THIS HON'BLE COURT IN
W.P.No.23571/2018 (S-R) AND FURTHER MAY BE PLEASED TO
ALLOW THE WRIT PETITION FILED BY THE APPELLANT AND
GRANT SUCH OTHER RELIEFS OR ISSUE SUCH OTHER
DIRECTIONS AND/OR PASS SUCH OTHER ORDERS AS THIS
HON'BLE COURT DEEM FIT TO PASS/GRANT IN THE FACTS AND
CIRCUMSTANCES OF THE CASE.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
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ORAL JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
The appellant, a Retired Shirastedar of the Court of
Small Causes, Bengaluru City, is before this Court assailing
the judgment dated 12.10.2020 in W.P.No.23571/2018 (S-R).
2. The Writ Petition was filed seeking the following
prayers:-
"i) Call for the records pertaining to the services of the
petitioner in Respondent No.3 court along with the
records processed by Respondent No.3 and sent to
Respondent No.2 seeking sanction under rule 224B
of KCSR and peruse them and;
ii) Issue writ in the nature of mandamus directing
respondents and specifically Respondent No.2 to
accord sanction under Rule 224B of KCSR to take
into account the additional services rendered by the
petitioner as local candidate Grade II Kannada-
cum-English Typist in the Office of Spl.Tahsildar,
Land Reforms, Magadi at Magadi Taluk from
11.9.1981 to 31.3.1983 for the purpose of counting
his total service in Judicial Department of
Respondent No.3 from 31.05.1983 to 31.08.2015
for the purpose of salary, re-fixing of pay,
increments and to re-fix his pensionary benefits
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and all pensionary benefits which the petitioner is
entitled to have; by condoning the breakup service
from 1.4.1983 to 31.5.1985; and.
iii) Issue such other writs or issue such other directions
and pass such other orders including the order as to
costs as this Hon'ble Court deem fit to grant in the
facts and circumstances of the case, in the ends of
justice and equity."
3. The learned Single Judge considered the
contentions and found that the petitioner was appointed as
Typist in the Principal City Civil Court on 24.05.1985, pursuant
to a Notification issued on 26.03.1985. On being appointed,
the petitioner submitted a representation seeking
consideration of his past services as a local candidate, which
he had rendered as Typist in the office of the Special
Tahasildar from 11.09.1981 to 31.03.1983 by condoning the
break in service from 01.04.1983 to 31.05.1985. The
representation was rejected by an Endorsement dated
25.10.1996. The petitioner did not challenge the said
endorsement. Thereafter, he continued in service and retired
as Shirastedar on 31.08.2015.
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4. Thereafter, he made a representation to the Office
of the Principal Accountant General seeking counting of his
past service. The reply was received stating that a special
sanction is required in terms of the rule to count past
services. The petitioner caused a legal notice to be issued to
the Government alleging non consideration of his claim, the
petitioner had approached this Court.
5. The learned Single Judge after considering these
facts found that the claim of the petitioner had been turned
down on 25.10.1996 and the said endorsement was not
challenged by the petitioner at any point in time. It was
therefore found that the claim raised long thereafter and after
his retirement from service is completely untenable.
6. The learned counsel appearing for the appellant
submits that the earlier endorsement which was produced as
Annexure 'H' merely states that the appellant's prayer for
counting of services as local candidate does not count for
increment as per Government Order dated 04.03.1987. The
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learned counsel therefore contends that the question whether
the earlier service rendered by the petitioner is to be
considered as qualifying service for pension has not been
considered at all.
7. Having considered the contentions advanced, we
notice that Annexure 'H' produced along with the writ petition
specifically reads as follows:-
ADM.I.800/96. Office of the
Court of Small Causes,
Bangalore, Dated 25-10-96.
ENDORSEMENT.
READ: Your representation seeking counting
service of local candidate - Reg.
2. Hon'ble High Court letter
No.LCA.II.215/95 dated 25-7-96.
----------
In view of letter received from the Hon'ble High Court of
Karnataka, Bangalore, your prayer for counting of service as
local candidate does not count for increment as G.C. DPAR.37
SLC 86 dated 4-3-87.
Sd/-
REGISTRAR
To:
Sri N. Ashok Kumar,
Typist,
Court of Small Causes,
Bangalore."
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8. The petitioner who had admittedly entered service
at the Small Causes Court in the year 1985 ought to have
raised his claim, if any, for counting of prior service by
condonation of break in service within three years of entering
service. He apparently filed a representation which was
rejected by Annexure 'H' in the year 1996. No challenge was
made to the said endorsement by the petitioner. Long
thereafter, after he retired from service, the subject writ
petition has been filed in the year 2018.
9. Having considered the contentions advanced and
in view of the fact that the question with regard to counting of
the prior service for increments has already been considered
and rejected, we are of the opinion that there is no error in
the finding of the learned Single Judge that the said issue had
attained finality.
10. Moreover, the request for counting of qualifying
service for pension is required to be made to the appointing
authority within three years from the date of joining the
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Government Service or within 31.07.2014, as the case
may be. This time limit is provided in Rule 224B of the
KCSRs (Karnataka Civil Services Rules).
11. In the above view of the matter, we are of the
opinion that the claim raised by the writ petitioner could
not have been considered. We find no reason to
entertaining this intra-Court appeal.
12. The appeal fails and it is accordingly
dismissed.
All pending Interlocutory Applications shall stand
dismissed.
Sd/-
(ANU SIVARAMAN)
JUDGE
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
CP
