The State Of Karnataka Rep Vs Leelavathi Yallappa Uppar Do Yallappa Uppar

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

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THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, VIKASA SOUDHA, BANGALORE – 560 001.

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Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad

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THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH FAMILY WELFARE SERVICES, VIKASA SOUDHA, BANGALORE – 560 001.

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THE PRINCIPAL DIRECTOR, KARNATAKA STATE AUDIT & ACCOUNTS DEPARTMENT, TTMC BUILDINGS, A BLOCK, III FLOOR, BMTC, SHANTHINAGAR, BANGALORE – 560 0027.

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THE ASSISTANT DIRECTOR, DEPARTMENT OF PENSION, SMALL SAVINGS & ASSETS & LIABILITIES MONITORING, HAVERI DISTRICT, HAVERI – 581 110.

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HC-KAR

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

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

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THE MEDICAL OFFICER PRIMARY HEALTH CENTRE, HOSURU, SOUDATTI TALUK, BELAGAVI DISTRICT – 591 234.

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… PETITIONERS

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(BY SRI. G.K. HIREGOUDAR, PRINCIPAL GOVT. ADV.)

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AND:

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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.

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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, 1^ST MAIN, NEAR SHARADAMBA MATHA, JAYANAGAR, GANGAVATHI, KOPPAL DISTRICT.

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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.

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HC-KAR

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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.

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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.

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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.

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

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THE ASSISTANT EXECUTIVE ENGINEER WORKSHOP & MECHANICAL SUB DIVISION, NARGUND, GADAG DISTRICT – 582 207.

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… RESPONDENTS (BY SRI. S.M. TONNE, ADV. FOR R8; NOTICE ISSUED TO R1, R5 IS SERVED BUT UNREPRESENTED; NOTICE TO R3 & R4 – HELD SUFFICIENT)

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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.,

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HC-KAR

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

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

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ORAL ORDER

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

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Aggrieved by the order passed in Application

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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.

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The order passed by Tribunal reads as under:

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“i) The applications are hereby allowed;

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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. .

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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.”

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HC-KAR

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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.

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Learned counsel appearing for respondent No.8 has no objections to the same.

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In view of the above submissions, this Court proceeds to pass the following:

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ORDER

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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.

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