In a writ petition under Article 226, the High Court disposed of the petition reserving liberty to the petitioner to claim retirement benefits based on the outcome of other pending proceedings regarding his date of birth correction.
Reserving liberty to the petitioner to claim retirement benefits based on the outcome of RSA No. 1318/2023.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF AUGUST, 2024 BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 8032 OF 2023 (S-RES)
BETWEEN:
DR. K SRINIVASA, AGED ABOUT 59 YEARS, PRESENTLY WORKING ASSISTANT PROFESSOR DEPARTMENT OF HISTORY, D BANUMAIAH'S COLLEGE OF COMMERCE & ARTS, NEW SAYYAJI RAO ROAD, MYSURU 570 004. RESIDING AT: K SRINIVASA, S/O LATE V KRISHNAPPA, NO 402/C, 3RD MAIN, 5TH CROSS, 2ND STAGE, M BLOCK, KUVEMPU NAGARA, MYSURU 570 023.
…PETITIONER
(BY SRI. SATEESH N KOTTALAGI., ADVOCATE FOR SRI. SRIKANTH M P.,ADVOCATE)
AND:
Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:30848 WP No. 8032 of 2023
…RESPONDENTS
(BY SRI.PRINCE ISAC., AGA FOR R1 TO R3; SRI. KALEEMULLA SHARIEF.,ADVOCATE FOR R4; R5 SERVED.)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT TO CONTINUE THE SERVICES OF THE PETITIONER TILL 31.07.2024 BY CHANGING THE DATE OF BIRTH OF THE PETITIONER IN SERVICE RECORDS AS 13.7.1964 IN PURSUANCE OF THE JUDGEMENT AND DECREE DATED 07.04.2012 PASSED BY THE I ADDL. CIVIL JUDGE AND JMFC, MYSURU IN OS.NO.921/2011 VIDE ANNX-D AND BY EXTENDING ALL SERVICE AND FINANCIAL BENEFITS INCLUDING PAYMENT OF SALARY AND ETC.,
THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R. NATARAJ
ORAL ORDER
The petitioner has sought for the following relief:
“Direct the respondents to continue the services of the petitioner till 31.07.2024 by changing the date of birth of the petitioner in the Service Records as 13.07.1964 in pursuance of the judgment and decree dated 07.04.2012 passed by the I Additional Civil Judge & JMFC., Mysuru in O.S.No.921/2011
NC: 2024:KHC:30848 WP No. 8032 of 2023
vide Annexure-D and by extending all service and financial benefits including payment of salary.”
retire on 31.07.2023. However, he claimed that his date of birth in SSLC Marks Card/Certificate was wrongly shown as 03.07.1963 instead of 13.07.1964. He contended that he filed a suit in O.S.No.921/2011 for correction of his date of birth and that the said suit was decreed in his favour. It is contended that the State Government had filed R.A. No.239/2020 which was allowed and against the same, the Petitioner has now filed RSA No.1318/2023 which is still pending consideration. The learned counsel for the petitioner therefore submits that this petition may be disposed of reserving liberty to the petitioner to claim his retirement benefits based on the decree that may be passed in RSA No.1318/2023.
NC: 2024:KHC:30848 WP No. 8032 of 2023
is contended that, this petition has become infructuous and
may be disposed of accordingly.
In that view of the matter, this Petition is disposed of reserving liberty to the petitioner to workout his remedy to claim his retirement benefits based on the outcome of the RSA No.1318/2023.
Sd/(R. NATARAJ) JUDGE
Bsv List No.: 1 Sl No.: 5
2 issues framed by the court
Whether the petitioner can continue in service till 31.07.2024 by correcting his date of birth based on a prior decree pending challenge.
Whether the writ petition is maintainable in light of the petitioner's application to realise retirement benefits in other proceedings.
1 provisions across 1 enactments
DR. K SRINIVASA
THE STATE OF KARNATAKA
THE ADMINISTRATOR, D BANUMAIAH'S EDUCATIONAL INSTITUTION
R. NATARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
