Allowed

Sri.Bhimappa S/O Adiveppa v. the Union of India

Karnataka HC11 Jun 2024WP/109335/2019

Case brief

AI extract

What is this about?

Petitioner sought writ of mandamus directing Railway authorities to consider his 2012 representation for rectifying date of birth error in service records causing retirement complications. Court allowed petition and directed consideration within three months.

What did the court decide?

Directed respondents to consider petitioner's representation dated 26.07.2012 and pass orders within three months.

Sri.Bhimappa S/O Adiveppa Vs the Union of… — Pension and Retirement Benefits | Karnataka HC (2024)

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NC: 2024:KHC-D:7800 WP No. 109335 of 2019

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 11^TH DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.G.S. KAMAL

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WRIT PETITION NO.109335 OF 2019 (S-R)

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BETWEEN:

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SRI BHIMAPPA S/O. ADIVEPPA, AGE: 63 YEARS, OCC: RETIRED, R/O: BEHIND KANNADA MEDIUM SCHOOL, AMARGOL, TQ: HUBBALLI, DIST: DHARWAD.

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…PETITIONER

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(BY SRI SUNITHA P. KALASOOR, ADVOCATE)

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AND:

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THE UNION OF INDIA, REPRESENTED BY ITS GENERAL MANAGER, SOUTH WESTERN RAILWAY, KESHWAPUR ROAD, HUBBALLI.

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Digitally signed by V N BADIGER Location: High Court of Karnataka

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DIVISIONAL RAILWAY MANAGER, DIVISION OFFICE, SOUTH WESTERN RAILWAY, HUBBALLI.

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THE PERMANENT WAY INSPECTOR, THE PERMANENT WAY INSPECTORS OFFICE, SOUTH WESTERN RAILWAY, SSE/P. WAY, DHARWAD.

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…RESPONDENTS

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(BY SRI VENKATESH M. KHARVI, ADVOCATE)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INIDA, PRAYING TO ISSUE A WRIT OF MANDAMUS TO THE RESPONDENTS TO CONSIDER THE REPRESENTATION SUBMITTED BY THE PETITIONER AT ANNEXURE-D DT 26.07.2012.

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2 - NC: 2024:KHC-D:7800 WP No. 109335 of 2019

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

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ORDER

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The petitioner is before this Court seeking writ

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in the nature of mandamus directing the respondents to consider his representation dated 26.07.2012 as per Annexure-D for rectification of his date of birth in the service records.

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According to the petitioner, his actual date of birth of is 12.08.1955, while in the service records due to inadvertence his date of birth is mentioned as 01.07.1952. That the petitioner had given a representation for rectification of his date of birth as on 30.08.1978. Pursuant thereof the petitioner was also issued with an identity card which shows the actual date of birth as 12.08.1955. The petitioner was under the bonafide belief that his date of birth is rectified. As such he continued to render his services. However, on 30.06.2012, the petitioner was forced to retire from the services. Only then the petitioner released that the representation given on

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3 - NC: 2024:KHC-D:7800 WP No. 109335 of 2019

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30.08.1978 had not been given effect to by the respondent authorities. As such the petitioner gave yet another representation on 26.07.2012 within one month from the date of his retirement, which has not been considered till date. Hence, the petition.

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None appears for the respondents.

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In view of the above factual aspects of the matter, the petition is allowed. The respondents’ authorities are directed to consider the representation dated 26.07.2012 of the petitioner and pass appropriate orders in accordance with law / rules / regulations as may be applicable in the matter and convey their decision to

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the petitioner within a period three (3) months from the date of receipt of certified copy of this order.

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SD/JUDGE

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VNP*/CT-ASC List No.: 1 Sl No.: 38

Sri.Bhimappa S/O Adiveppa v. the Union of India

Case brief

What is this about?

What did the court decide?

Sri.Bhimappa S/O Adiveppa v. the Union of India

Case brief

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What did the court decide?

What the court decided

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