N Padma Vs the Central Silk Board — Writ and Judicial Review | Karnataka HC (2025)

N Padma Vs the Central Silk Board — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ of Certiorari issued; Official Memorandum dated 10.03.2025/11.03.2025 (Annexure-F) quashed; respondents directed to take the petitioner back to duties; petitioner entitled to continue in employment under the respondent-Board till superannuation at 60 years subject to applicable Rules and Regulations; period between relieving and reinstatement treated as 'on duty' for all purposes. (Prayer for exemplary costs not dealt with.)

Issue for consideration

Whether the Official Memorandum dated 10.03.2025/11.03.2025 (Annexure-F) issued by the second respondent, by which the petitioner was superannuated, is liable to be quashed, and whether the petitioner is entitled to reinstatement and continuance in service till 60 years of age with consequential benefits.

Court's answer

The writ petition is disposed of in terms of the order passed by the coordinate bench of this Court in W.P.No.18131/2025, disposed of on 22.09.2025, as jointly submitted by counsel for both parties.

Ratio / Principle

A Writ of Certiorari is ordered and the Official Memorandum dated 10.03.2025/11.03.2025 vide Annexure-F is quashed.

Key takeaways

The respondents are directed to take back the petitioner to her duties.ratio¶47
The petitioner is entitled to continue in employment under the respondent-Board till she attains the age of superannuation of 60 years, subject to all the Rules and Regulations applicable to her employment.ratio¶47
The period from the date of relieving the petitioner from duties till she is taken back to duties shall be considered as 'on duty' for all purposes.ratio

Detailed headnote1 paragraphs

Writ Petition (L-RES) under Article 226, Constitution of India — Petitioner, a skilled farm worker of the Central Silk Board who describes herself as illegally superannuated, challenged the Official Memorandum No.Sam.Ke Re Bo/ Bu Ta Re Ki Bi Sam/Bilas/ Farm Shramik/N Padma Ku Pha Shra)/2024-25/2772 dated 10.03.2025/11.03.2025 issued by the second respondent (Annexure-F), alleging it opposed the award dated 01.04.2013 in C.R.No.151/2007 passed by the CGIT (Annexure-A) and Sec.18(3)(d) of the Industrial Disputes Act, 1947 and Articles 14 and 21 of the Constitution — Counsel for both sides jointly submitted that the issue was squarely covered by the coordinate-bench order in W.P.No.18131/2025 (disposed of 22.09.2025) — Petition disposed of in terms of that order — Writ of Certiorari ordered; Annexure-F quashed — Respondents directed to take the petitioner back on duty; continuance in employment till superannuation at 60 years subject to applicable Rules and Regulations; period from relieving till reinstatement treated as 'on duty' for all purposes (Jyoti M, J.; NC: 2025:KHC:47903).

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NC: 2025:KHC:47903 WP No. 34414 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 34414 OF 2025 (L-RES)

BETWEEN:

N.PADMA, W/O. LACHU, AGED ABOUT 58 YEARS, EARLIER WORKING AS SKILLED FARM WORKER (T/S) ILLEGALLY SUPERANNUATED, BSM AND TC CENTRAL SILK BOARD, CHENNUR, MANCHERIAL DISTRICT, TELENGANA - 504 201. AND R/AT LAMBADIPALLY, KISTAMPETA VILLAGE, CHENNUR, MANCHERIAL DISTRICT, TELENGANA - 504204.

…PETITIONER

Digitally signed by THEJAS KUMAR N

Location: HIGH COURT OF KARNATAKA

(BY SRI. K.B.NARAYANASWAMY ADVOCATE FOR SRI. NARAYANA BHAT MOVVAR, ADVOCATE)

AND:

THE CENTRAL SILK BOARD, REPRESENTED BY ITS MEMBER SECRETARY, CSB COMPLEX, BTM LAYOUT, MADIWALA, BENGALURU - 560068.

THE ASSISTANT DIRECTOR (PRA VA LE) BASIC TASAR SILKWORM SEED ORGANISATION, CENTRAL SILK BOARD, MOT, GOVERNMENT OF INDIA,

1^ST FLOOR, PENDARI, BHARNI POST,

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NC: 2025:KHC:47903 WP No. 34414 of 2025

HC-KAR

GANIYARI BILASPUR, CHATTISGARH - 495112.

…RESPONDENTS

(BY SRI. N.S.NARASIMHASWAMY, ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:

ORAL ORDER

Sri.K.B.Narayana Swamy., counsel on behalf of Sri.Narayana Bhat Movvar., for the petitioner and Sri.Narasimha Swamy.N.S., counsel for the respondents have appeared in person.

The captioned Writ Petition is filed seeking following

reliefs:

(a) Issue a Writ of Certiorari or any other appropriate writ or order or direction quashing the Official Memorandum bearing No.Sam.Ke Re Bo/ Bu Ta Re Ki Bi Sam/Bilas/ Farm Shramik/N Padma

Ku Pha Shra) /2024-25/2772 dated:

10.03.2025/11.03.2025 issued by the second respondent produced at Annexure-F as the same are opposed to the award dated 01.04.2013 in

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NC: 2025:KHC:47903 WP No. 34414 of 2025

HC-KAR

C.R.No.151/2007 passed by the CGIT marked at Annexure-A and also Sec.18(3)(d) of the Industrial Disputes Act, 1947 and Article 14 and 21 of the Constitution.

(b) Issue a Writ of Mandamus or any other appropriate writ or order or direction directing the Respondents to reinstate the petitioner forthwith and continue her in services till 60 years of age and also all consequential benefits consequent upon quashing the above, to meet the ends of justice,

(c) Grant the petitioner exemplary costs of this proceedings; and

(d) Pass such other order or orders as this Hon'ble Court deems fit in the circumstances of the case.

Counsel for the respective parties jointly submits

that the issue involved in the present Writ Petition is squarely covered by the order passed by the coordinate bench of this Court in W.P.No.18131/2025 disposed of on 22.09.2025. Counsel, therefore, submits that the captioned Writ Petition may be disposed of in terms of the order passed in W.P.No.18131/2025 disposed of on 22.09.2025.

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NC: 2025:KHC:47903 WP No. 34414 of 2025

HC-KAR

The oral submission made by counsel for the respective parties is placed on record.

The captioned Writ Petition is disposed of in terms

of the order passed by the coordinate bench of this Court in W.P.No.18131/2025 disposed of on 22.09.2025.

A Writ of Certiorari is ordered. The Official Memorandum dated 10.03.2025/11.03.2025 vide Annexure-F is quashed. The respondents are directed to take back the petitioner to the duties. The petitioner is entitled to continue in employment under respondent - Board till she attains the age of superannuation of 60 years subject to all the Rules and Regulations applicable to the employment of the petitioner. The period from the date of relieving the petitioner from duties till she is taken back to duties shall be considered as 'on duty' for all the purposes.

Sd/(JYOTI M) JUDGE

KMV List No.: 2 Sl No.: 7