B N Rangaswamy Vs the Managing Director

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NC: 2026:KHC:17910 WP No. 10730 of 2023

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1 -

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF APRIL, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 10730 OF 2023 (S-KSRTC)

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BETWEEN:

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B N RANGASWAMY, S/O NANJE GOWDA,AGED ABOUT 50 YEARS, WORKING AS CONDUCTOR, (INCHARGE TC), KSRTC,NELAMANGALA DEPOT, BANGALORE RURAL DISTRICT.

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…PETITIONER

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(BY SRI SRINIVASA K, ADVOCATE)

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AND:

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THE MANAGING DIRECTOR, KSRTC, CENTRAL OFFICE,K .H ROAD, SHANTINAGAR,BANGALORE 560 027.

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Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA

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THE CHIEF PERSONNEL MANAGER KSRTC, CENTRAL OFFICE, K H ROAD, SHANTHINAGAR, BANGALORE - 560 027.

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THE DIVISION CONTROLLER, KSTRC, BANGALORE RURAL DIVSION, K.H ROAD, SHANTHINAGAR,BANGALORE - 560 027.

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…RESPONDENTS (BY SMT RENUKA H R, ADVOCATE FOR R1 TO R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DTD 27.07.2022 ISSUED BY THE R3 VIDE ANNEXURE-J TO THE WRIT PETITIONDIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE PETITIONER DTD 23.08.2022 VIDE ANNEXURE-L TO THE WRIT PETITION AND CONSEQUENTLY

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2 - NC: 2026:KHC:17910 WP No. 10730 of 2023

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HC-KAR

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DIRECT THE RESPONDENTS TO GRANT ALL THE SERVICE BENEFITS LIKE THE COUNTING OF THE TOTAL LENGTH OF SERVICE RENDERED IN CRPF FOR THE PURPOSE OF PAY FIXATION, GRANT OF ANNUAL INCREMENTS, SENIORITY AND THE ARREARS OF SALARY FOR THE SERVICE RENDERED BY THE PETITIONER AS EX-SERVICEMEN (CRPF) FROM THE YEAR 1994 TO 2006 VIDE HIS REPRESENTATION DTD 10.08.2022 ADDRESSED TO THE R1.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

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ORAL ORDER

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Heard the learned counsel appearing for the petitioner

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and the learned counsel appearing for the

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respondent/Corporation.

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This petition is filed assailing the endorsement dated 27.07.2022 marked at Annexure - J issued by respondent no.3.

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The petitioner who was earlier working in Central Reserve Police Force was invalidated on account of injuries sustained while on duty. The petitioner applied for the post of conductor under the respondent/Corporation and was selected. The petitioner filed an application on 13.07.2021 to protect his pay by taking into consideration his previous pay in the Central

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HC-KAR

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Reserve Police Force and made a request to grant benefit under

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the circular dated 24.07.2012 issued by the

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respondent/Corporation.

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The Corporation rejected the application vide impugned endorsement dated 23.06.2022 holding that the petitioner cannot take benefit of the circular dated 24.07.2012 on the premise that the benefit conferred under the said circular is available only to those persons who have served in Army, Navy and Air Force.

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Aggrieved by the said endorsement, the petitioner is before this Court and the learned counsel for the petitioner would urge that the endorsement issued by the Corporation is contrary to the Central Government Office Memorandum dated 23.11.2012 bearing number 27011/100/202-R&W. The said Office Memorandum reads as under:

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OFFICE MEMORANDUM

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Subject: Designating the retired Central Armed Police Force (CAPF i.e. CRPF, BSF CISF, ITBP and SSB) personnel as "ExCentral Armed Police Force personnel (EXCAPF personnel).

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HC-KAR

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There has a demand from various for a that the retired Central Armed Police Force (CAPF) personnel may be given the status of Ex-CAPF personnel. Accordingly a proposal was sent to the Government for their consideration. Cabinet Committee on security has approved the proposal of this Ministry to declare retired Central Armed Police Force personnel from Central Reserve Police Force (CRPF), Border Security Force (BSF), Central Industrial Security Force (CISF), IndoTibetan Border Police (ITBP) and Sashastra seema Bal (SSB) as "Ex-Central Armed Police Force personnel" (Ex-CAPF personnel).

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2. Based on such designation, the State/UT Governments concerned may extend suitable benefits to them on the lines of the benefits extended by the State/UT Governments to the Ex-Servicemen of Defence Forces".

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Referring to the said Memorandum, it is urged that

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the Central Government has issued direction to the State Government and the Union Territories to extend suitable benefits to the persons who worked in Central Reserve Police Force, Border Security Force, Central Industrial Security Force, Indo-Tibetan Border Police and Sathastra Seema Bal as ExCentral Armed Police Force personnel.

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Learned counsel for the petitioner would urge that

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the endorsement overlooks the binding Official Memorandum dated 23.11.2012 and the Circular dated 24.07.2012.

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HC-KAR

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Learned counsel appearing for the

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respondent/Corporation would urge that the said Official Memorandum does not bind the Corporation and the Corporation has not yet adopted the Official Memorandum dated 23.11.2012.

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The Court has considered the contentions raised at the bar and perused the records.

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As can be seen from the Circular dated 24.07.2012, the benefit conferred under the said circular relating to pay protection extends to the Ex-serviceman who worked in Military, Navy and Air Force. There is no express reference to the personnel who worked under Central Reserve Police Force.

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The Government of India in the aforementioned Official Memorandum dated 23.11.2012 has clarified that the status of ex-Central Armed Police Force personnel be granted to personnel from Central Reserve Police Force, Border Security Force, Central Industrial Security Force, Indo-Tibetan Border Police and Sashastra Seema Bal.

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There is no dispute over the fact that the petitioner worked under Central Reserve Police Force before his appointment in the respondent/Corporation. As can be seen

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HC-KAR

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from Annexure - J - the impugned endorsement, there is no reference to the Official Memorandum dated 23.11.2012 issued by the Central Government.

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It is also relevant to notice that on 04.11.2022 the State Government has passed an order which has bearing on the controversy. In terms of the said order, the State Government has directed to confer benefits available to the Ex Central Armed Police Force personnel to retired personnel from Central Reserve Police Force, Border Security Force, Central Industrial Security Force, Indo-Tibetan Border Police and Sashastra Seema Bal.

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Thus, the respondent/Corporation is required to consider whether the petitioner is entitled to the benefit of the said Official Memorandum read with Government Order dated 04.11.2022 and Circular dated 24.07.2012.

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The petitioner is permitted to file a separate representation to the respondent/Corporation based on the order dated 04.11.2022 and thereafter, the respondent/Corporation has to pass appropriate orders by taking into consideration the order dated 04.11.2022 in accordance with law.

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