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The State Of Karnataka Rep vs Leelavathi Yallappa Uppar Do Yallappa ...
2026 Latest Caselaw 600 Kant

Citation : 2026 Latest Caselaw 600 Kant
Judgement Date : 29 January, 2026

[Cites 2, Cited by 0]

Karnataka High Court

The State Of Karnataka Rep vs Leelavathi Yallappa Uppar Do Yallappa ... on 29 January, 2026

                                                   -1-
                                                           NC: 2026:KHC-D:1093-DB
                                                           WP No. 100433 of 2024


                      HC-KAR


                           IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
                               DATED THIS THE 29TH DAY OF JANUARY, 2026
                                                PRESENT
                                  THE HON'BLE MR. JUSTICE M.I.ARUN
                                                   AND
                            THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI
                               WRIT PETITION NO. 100433 OF 2024 (S-KAT)
                      BETWEEN:

                      1.   THE STATE OF KARNATAKA,
                           REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,
                           FINANCE DEPARTMENT, VIDHANA SOUDHA,
                           BANGALORE - 560 001.

                      2.   THE STATE OF KARNATAKA,
                           REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,
                           KARNATAKA STATE ANIMAL HUSBANDRY &
                           FISHERIES DEPARTMENT, VIKASA SOUDHA,
                           BANGALORE - 560 001.

                      3.   THE STATE OF KARNATAKA,
                           REP. BY ITS PRINCIPAL SECRETARY TO
                           GOVERNMENT, WATER RESOURCES DEPARTMENT,
                           VIKASA SOUDHA, BANGALORE - 560 001.
Digitally signed by
VISHAL                4.   THE STATE OF KARNATAKA,
NINGAPPA
PATTIHAL                   REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,
Location: High             DEPARTMENT OF HEALTH FAMILY
Court of                   WELFARE SERVICES, VIKASA SOUDHA,
Karnataka,
Dharwad Bench,             BANGALORE - 560 001.
Dharwad
                      5.   THE PRINCIPAL DIRECTOR,
                           KARNATAKA STATE AUDIT & ACCOUNTS DEPARTMENT,
                           TTMC BUILDINGS, A BLOCK, III FLOOR, BMTC,
                           SHANTHINAGAR, BANGALORE - 560 0027.

                      6.   THE ASSISTANT DIRECTOR,
                           DEPARTMENT OF PENSION,
                           SMALL SAVINGS & ASSETS & LIABILITIES
                           MONITORING, HAVERI DISTRICT,
                           HAVERI - 581 110.
                              -2-
                                     NC: 2026:KHC-D:1093-DB
                                     WP No. 100433 of 2024


HC-KAR



7.   THE DEPUTY DIRECTOR ANIMAL
     HUSBANDRY & VETERINARY SERVICES
     DEPARTMENT, DHARWAD DISTRICT,
     DHARWAD - 580 001.

8.   THE COMMISSIONER OF HEALTH &
     FAMILY WELFARE SERVICES
     ANAND RAO CIRCLE, BANGALORE - 560 009.

9.   THE MEDICAL OFFICER PRIMARY
     HEALTH CENTRE, HOSURU, SOUDATTI TALUK,
     BELAGAVI DISTRICT - 591 234.
                                                  ... PETITIONERS
(BY SRI. G.K. HIREGOUDAR, PRINCIPAL GOVT. ADV.)

AND:

1.   SMT. LEELAVATHI YALLAPPA UPPAR
     D/O. YALLAPPA UPPAR,
     AGED ABOUT: 72 YEARS,
     RETIRED ASSISTANT DEVELOPMENT OFFICER,
     O/O THE ASSISTANT DIRECTOR, DEPARTMENT OF
     PENSION, SMALL SAVINGS & ASSETS & LIABILITIES
     MONITORING, HAVERI, R/AT. RENUKA DEVI KRUPA,
     MUNICIPAL EMPLOYEES COLONY, M.B. NAGAR,
     KOPPADKERI, DHARWAD.

2.   SRI. DODDABASAYYA S/O. SHANKARAYYA,
     AGED ABOUT 65 YEARS,
     RETIRED ACCOUNTS SUPERINTENDENT,
     O/O. THE CONTROLLER, STATE AUDIT & ACCOUNTS
     DEPARTMENT, BANGALORE, R/AT NO. 1-5-169,
     GOURISHANKARA NILAYA, CBS EXTENSION,
     1ST MAIN, NEAR SHARADAMBA MATHA,
     JAYANAGAR, GANGAVATHI, KOPPAL DISTRICT.

3.   SRI. NAGANAGOUDA N. PATIL
     S/O. NEELAPPAGOUDA,
     AGED ABOUT 71 YEARS, RETIRED DRIVER,
     O/O THE DEPUTY DIRECTOR, ANIMAL HUSBANDRY &
     VETERINARY SERVICES DEPARTMENT, DHARWAD,
     R/AT SIRUR, NAVALGUND TALUK,
     DHARWAD DISTRICT, R/AT: SIRUR,
     TQ: NAVALGUND, DHARWAD DISTRICT.
                              -3-
                                     NC: 2026:KHC-D:1093-DB
                                     WP No. 100433 of 2024


HC-KAR



4.   SRI. MALLIKARJUN SEERI S/O. NINGAPPA SEERI,
     AGED ABOUT 67 YEARS,
     RETIRED ACCOUNTS ASSISTANT, O/O THE EXECUTIVE
     ENGINEER, KBJNL, SLI DIVISION,
     KHANAPUR CAMP - 585 319,
     TALUK SHAHAPUR, DISTRICT YADAGIR,
     R/AT SRIDEVI NILAYA, KESHAVANAGAR,
     OPP. GODAVARI HOSTEL, DHARWAD - 580 007.

5.   SRI. SURESH SHANKAR CHAVAN
     S/O. SHANKAR CHAVAN,
     AGED ABOUT 72 YEARS, RETIRED STORES
     ASSISTANT, O/O THE ASSISTANT
     EXECUTIVE ENGINEER, WORKSHOP &
     MECHANICAL SUB - DIVISION, NARGUND,
     GADAG DISTRICT, R/AT: CHINIVALAGATTI ONI,
     NARGUND TALUK, GADAG DISTRICT.

6.   SMT. RAJASHREE SALIMATH D/O. CHAMBAYYA,
     AGED ABOUT 68 YEARS,
     RETIRED HEALTH EDUCATION OFFICER,
     O/O. MEDICAL OFFICER, PRIMARY HEALTH CENTRE,
     HOSURU, SOUNDATTI TALUK, BELAGAVI,
     R/AT: KADABI GALLI, NO.393, BAILHONGAL,
     BAILHONGAL DISTRICT.

7.   THE EXECUTIVE ENGINEER KBJNL, SLI
     DIVISION, KHANAPUR CAMP - 585 319,
     TALUK: SHAHAPUR, DISTRICT YADAGIR.

8.   THE ASSISTANT EXECUTIVE
     ENGINEER WORKSHOP & MECHANICAL SUB DIVISION,
     NARGUND, GADAG DISTRICT - 582 207.
                                              ... RESPONDENTS
(BY SRI. S.M. TONNE, ADV. FOR R8;
    NOTICE ISSUED TO R1, R5 IS SERVED BUT UNREPRESENTED;
    NOTICE TO R3 & R4 - HELD SUFFICIENT)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER PASSED
BY THE HON'BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT
BELAGAVI IN APPLICATION NO. 10285 TO 10290/2022 BY ORDER
DATED 23-06-2022 VIDE ANNEXURE-A AND ETC.,
                                          -4-
                                                       NC: 2026:KHC-D:1093-DB
                                                       WP No. 100433 of 2024


HC-KAR


    THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM:          THE HON'BLE MR. JUSTICE M.I.ARUN
                AND
                THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI

                             ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE M.I.ARUN)

1. Aggrieved by the order passed in Application

Nos.10285 to 10290 of 2022 by the Karnataka State

Administrative Tribunal at Belagavi (hereinafter referred to as

'the Tribunal'), the State has preferred this Writ Petition.

2. The order passed by Tribunal reads as under:

"i) The applications are hereby allowed;

ii) The respondents are hereby directed to grant the remaining additional qualifying service available under Rule 247-A of KCSRs to the applicants by examining each case individually in accordance with law with an observation made by this Court as per the law laid down by this Tribunal in A.No.1005/2018 C/w. 7627/2018 dated 24.09.2020 at Annexure-A2 and also including A.No.7628/2018 dated 30.09.2021 at Annexure-A7. .

iii) The respondents are also hereby directed to revise the pension and pensionary benefits and grant consequential benefits to the applicants within a period of three months from the date of receipt of copy of this Order."

NC: 2026:KHC-D:1093-DB

HC-KAR

3. Learned counsel for the petitioners submits that the

order passed by the Tribunal in Application Nos.10285 to 10290

of 2022 has already been modified by this Court in Writ Petition

No.16582/2023 C/w. Writ Petition Nos.13427/2022,

18490/2022, 20687/2022, 4099/2023, 12931/2023 and

26337/2023. Accordingly, he prays that the impugned order in

the present case may also be modified as per the order passed

by this Court in W.P. No.16582/2023 and connected matters.

4. Learned counsel appearing for respondent No.8 has

no objections to the same.

5. In view of the above submissions, this Court

proceeds to pass the following:

ORDER

i) The impugned order passed in Application

Nos.10285 to 10290 of 2022 by the Karnataka

State Administrative Tribunal at Belagavi

stands modified in terms of the order passed

by this Court in Writ Petition No.16582/2023

and other connected matters.

NC: 2026:KHC-D:1093-DB

HC-KAR

ii) The respondents herein shall be given the

benefits in terms of the said order.

Sd/-

(M.I.ARUN) JUDGE

Sd/-

(B. MURALIDHARA PAI) JUDGE VNP / CT: ASC List No.: 3 Sl No.: 5

 
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