Allowed

Sri. Kalingaiah, v. the State of Karnataka

Karnataka HC7 Dec 2023WP/8161/2023

Case brief

AI extract

What is this about?

The High Court directed the State of Karnataka and concerned authorities to consider representations filed by retired employees of KSIC and the Government Silk Filature regarding grant of pension and pensionary benefits based on a previous judgment and a Government Order.

What did the court decide?

Respondents directed to consider representations for grant of pension within three months.

Sri. Kalingaiah, Vs the State of Karnataka — Pension and Retirement Benefits | Karnataka HC (2023)

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1 - NC: 2023:KHC:44485 WP No. 8161 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 8161 OF 2023 (S-RES)

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BETWEEN:

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SRI. KALINGAIAH, S/O LATE MORIKALAIAH AGED ABOUT 67 YEARS, RETIRED EMPLOYEE KSIC (SILK WEAVING FACTORY MYSURU) TOKEN NO. 60, R/AT NO. 96, 4^th CROSS, YELAWALA HOBLI, SHETINAYAKANAHALLI, MYSURU - 570 026

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Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA

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SRI. M MOHAMMAD ALI S/O LATE MOHIDEEN KUTTI, AGED ABOUT 65 YEARS, RETIRED EMPLOYEE KSIC (SILK WEAVING FACTORY MYSURU) TOKEN NO. 125 R/AT NO. 110, I^st FLOOR, 9^th MAIN S G H ROAD, BEHIND RAHAMANIYA MASJID, VIDYARANYAPURAM MYSURU - 570 008

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SRI. CHIKKA SIDDAIAH S/O LATE MANCHAIAH , AGED ABOUT 62 YEARS, RETIRED EMPLOYEE OF KSIC

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2 - NC: 2023:KHC:44485 WP No. 8161 of 2023

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(SILK WEAVING FACTORY MYSURU) TOKEN NO.39 R/AT #1937, 13^th CROSS, ASHOKAPURAM MYSURU - 570 008

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SRI. NINGARAJU S/O LATE HOMBALAIAH AGED ABOUT 64 YEARS, RETIRED EMPLOYEE OF KSIC (SILK WEAVING FACTORY MYSURU) TOKEN NO. 129 R/AT # 1642/1A, 8^th CROSS, RAMAIAH ROAD, NEAR LAKSHMI TEMPLE, ASHOKPURAM, MYSURU - 570 008

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SRI. PUTTAIAH S/O SIDDALINGAIAH AGED ABOUT 67 YEARS, RETIRED EMPLOYEE OF KSIC (SILK WEAVING FACTORY MYSURU) TOKEN NO. 50 R/AT: 3312, E.W.S. DEVANURU EXTENSION RAJIV NAGAR MYSURU - 570 019.

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SRI. KHALEEL AHMED S/O LATE MOHAMMAD USHMAN AGED ABOUT 68 YEARS RETIRED EMPLOYEE OF KSIC (SILK WEAVING FACTORY MYSURU) TOKEN NO. 07 R/AT: # 22, I^st STAGE, KESARE, MYSURU - 570 007

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3 - NC: 2023:KHC:44485 WP No. 8161 of 2023

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SMT. MARAMMA W/O LATE SRI. S J NANJUNDAIAH AGED ABOUT 78 YEARS, RETIRED EMPLOYEE OF GSF (GOVERNMENT SILK FILATURE) T. NARASIPURA, MYSURU TOKEN NO. 806 R/AT: NO.191, GSF COLONY T NARASIPURA MYSURU DISTRICT

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SMT. SHAHAJABDI AGED ABOUT 80 YEARS W/O LATE M H ABDUL RAHMAN (RETIRED EMPLOYEE KSIC) (SILK WEAVING FACTORY MYSURU) (TOKEN NO.02) R/AT: # 2/86, 8^th CROSS, N H PALYA MYSURU - 570 008

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SRI. PRANESH R AGED ABOUT 37 YEARS S/O LATE P RANGAIAH (RETIRED EMPLOYEE KSIC) (SILK WEAVING FACTORY MYSURU) (TOKEN NO.35) R/AT: 1578, 5^th CROSS, ASHOKAPURAM MYSURU - 570 008

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SMT. KHAMRUNNISA W/O LATE SYED EJAZ AHMED (RETIRED EMPLOYEE KSIC) (SILK WEAVING FACTORY MYSURU) (TOKEN NO. 09)

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4 - NC: 2023:KHC:44485 WP No. 8161 of 2023

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R/AT: # 1905, 6^th CROSS, I^st STAGE, RAJIVNAGAR MYSURU - 570 019

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SRI. MOHAMMED RAFI AHMED AGED ABOUT 72 YEARS S/O LATE ABDUL RASHEED RETIRED EMPLOYEE KSIC SILK WEAVING FACTORY MYSURU TOKEN NO. 22 R/AT: # 763/1, I^st CROSS, RAHAMANIYA ROAD, CHAMRAJA MOHALLAM K.R MOHALLA MYSURU - 570 024

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SRI. HAROON RASHEED AGED ABOUT 52 YEARS S/O LATE A MOHAMMED PEER, (RETIRED EMPLOYEE KSIC) (SILK WEAVING FACTORY MYSURU) JOBBER, R/AT: # 2336/2, 9^th CROSS, BASAVESHWARA ROAD, K.R MOHALLA MYSURU - 560 004

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SMT. HELAN AGED ABOUT 39 YEARS D/O SHANTH KUMAR GRANDDAUGHTER OF LATE ROOTHAMMA (RETIRED EMPLOYEE KSIC) SILK WEAVING FACTORY MYSURU TOKEN NO. 103 R/AT: 365, B BLOCK,

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5 - NC: 2023:KHC:44485 WP No. 8161 of 2023

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I^st CROSS, MAHADEVAPURA MYSURU - 570 008

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… PETITIONERS

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(BY SRI. SUNDARESH H C., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA RPT BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HORTICULTURE (SERICULTURE) M.S BUILDING, BENGALURU - 560 001

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THE COMMISSIONER AND DIRECTOR OF SERICULTURE M S BUILDING, BENGALURU - 560 001

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THE MANAGING DIRECTOR KARNATAKA SILK INDUSTRIES CORPORATION (GOVT. OF KARNATAKA ENTERPRISES) UTILITY BUILDING, M.G ROAD, BENGALURU - 560 001

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THE ACCOUNTANT GENERAL IN KARNATAKA RPT BY ACCOUNTS OFFICER, PARK HOUSE ROAD, BENGALURU - 560 001

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… RESPONDENTS

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(BY SRI. B. RAVINDRANATH, AGA FOR R1, R2 & R4; SRI T.P. MUTHANNA, ADVOCATE FOR R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE RESPONDENTS TO CONSIDER THEIR REPRESENTATION FILED BY THE PETITIONERS DATED

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6 - NC: 2023:KHC:44485 WP No. 8161 of 2023

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16.02.23 BEFORE RESPONDENT NO.1, 2 AND 3 AS PER ANNEXURE-E, F AND G RESPECTIVELY FOR GRANT OF PENSION AND PENSIONARY BENEFITS AND ARREARS THEREOF IN TERMS OF THE DECISION OF THIS HON'BLE COURT IN W.P. NO.40609-40650/2017, DATED 06.09.2017 AND ALSO AS PER THE G.O. DATED 30.08.2018 EXTENDING BENEFITS TO SIMILARLY SITUATED RETIRED EMPLOYEES AS PER ANNEXURE-C AND D RESPECTIVELY

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THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The prayer in this petition is to issue mandamus to the respondents to consider the representation filed by the petitioners on 16.02.2023 as per Annexures-'E', 'F' and 'G'.

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By the said representations, the petitioners are seeking grant of pension and pensionary benefits and arrears thereof, in terms of the decision rendered by this Court in W.P.Nos.40609-40650/2017 [S-R] disposed of on 06.09.2017 and also as per the Government Order dated 30.08.2018, by which similar benefits have been extended to the similarly situated retired employees.

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NC: 2023:KHC:44485 WP No. 8161 of 2023

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In my view, as the petitioners are seeking grant

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of pension and other pensionary benefits on the basis of this Court's order dated 06.09.2017 passed in W.P.Nos.40609-40650/2017 [S-R] and also on the basis of Government Order dated 30.08.2018, it would be appropriate to direct respondent No.1 to consider the representations submitted by the petitioners.

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In the process of consideration of petitioners' representation, if any inputs or recommendations are required from respondent Nos.2 and 3, they shall forward the same to respondent No.1 to enable him to take a decision. This entire exercise shall be undertaken and completed within a period of three months from the date of receipt of a certified copy of today's order.

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Sd/JUDGE

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VGR

Sri. Kalingaiah, v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri. Kalingaiah, v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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