C S Mukunda Chandra Vs State of Karnataka

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NC: 2026:KHC:20401 WP No. 21388 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF APRIL, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 21388 OF 2025 (S-RES)

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BETWEEN:

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C. S. MUKUNDA CHANDRA, S/O M.N. SHESHADRI AGED ABOUT 63 YEARS R/AT.S.12, 2^ND CROSS ROAD, GUMMALAH LAYOUT, CHIKKALLASANDRA, BANASHANKARI 2^ND STAGE, BENGALURU – 560 061

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B. M. PUTTASWAMY, S/O MR. MADAIAH AGED ABOUT 63 YEARS R/AT NO.6, 6^TH CROSS ROAD,

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Digitally signed by CHANDANA B M Location: High Court of Karnataka

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2^ND MAIN ROAD, SOLLAPURADAMMA LAYOUT, SRIGANDA KAVALU, BENAGLURU – 560 091

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B. UDAYSHETTY, S/O MR.KORAGAIAH SHETTY AGED ABOUT 63 YEARS R/AT 13A, ARUNODAYA, 1^ST MAIN, 3^RD CORSS ROAD, 2^ND BLOCK, NEAR OSR HOTEL, SAI LOTUS, CHANNASANDRA, BENGALURU – 560 098

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MANJUNATH S/O VENKATAPPA AGED ABOUT 64 YEARS R/A NO. 124, DASARI STREET, SARJAPURA, ANEKAL, BENGALURU – 562 125

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2 - NC: 2026:KHC:20401 WP No. 21388 of 2025

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HC-KAR

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N. PUTTEGOWDA S/O MR. NANJEGOWDA, AGED ABOUT 63 YEARS, R/A NO.224, 1^ST CROSS ROAD, ANNAYAPPA GARDEN, JARAGANAHALLI, J.P. NAGAR, 6^TH PHASE,

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BENGALURU-560 078

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M. RAMALINGAIA, AGED ABOUT 64 YEARS, S/O MR. MUNISWAMY, R/A NO.85A, HULIMAVU, B.G. ROAD, BENGALURU – 560 076.

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…PETITIONERS

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(BY SRI. POORNIMA H. S., ADVOCATE)

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AND:

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STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, REP. BY ITS SECREATYRY, VIKAS SOUDHA, BENAGLURU – 560 001

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THE CHIEF COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP), BENGALURU – 560 001

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THE SPECIAL COMMISSIONER (ADMN.) BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP), BENGALURU – 560 001

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THE DEPUTY COMMISSIONER (ADMN.) BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) BENGALURU – 560 001

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…RESPONDENTS

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(BY SRI. SPOORTHY HEGDE, AGA FOR R1; SRI. B. L. SANJEEV, ADVOCATE FOR R2 & R3)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AND SET ASIDE THE ORDER DATED 19.08.2024 PASSED BY THE RESPONDENT NO.2 BEARING NO.B12(1)pr/84689/23-24, IN SO FAR AS IT RELATES TO THE PETITIONER, AT ANNEXURE-F AND ETC.,

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NC: 2026:KHC:20401 WP No. 21388 of 2025

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HC-KAR

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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In this petition, the petitioners seek the following reliefs:

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“a. Issue a writ of mandamus directing the Respondent No.2 to disburse the pension, proportionate service gratuity in lieu of pension and all other service benefits eligible for in accordance with law, along with up to date interest of the petitioners no.1, 2, 3, 4, 5 & 6 respectively, vide Annexure-F bearing No.B12(1)PR/84689/23-24 dated 19.08.2024 issued by the Respondent No.2.

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aa. Quash and set aside the order dated 19.08.2024 passed by respondent No.2 bearing No.B12(1)-PR/84689/23-24, insofar as it relates to the petitioner, at Annexure-F.

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b. Direct the Respondent No.2 to disburse the arrears of salary and other allowances in lieu of salary of the petitioners no.1 to 6 respectively, in accordance with law, vide Annexure-F bearing No.B12(1)PR/84689/23-24 dated 19.08.2024 issued by the respondent No.2.

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c. Grant such other and further reliefs as this Hon’ble Court deems fit in the interest of justice and equity.”

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Heard learned counsel for the petitioners, learned AGA

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for respondent No.1 and learned counsel for respondent Nos.2 and 3 and perused the material on record.

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NC: 2026:KHC:20401 WP No. 21388 of 2025

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HC-KAR

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A perusal of the material on record will indicate that the petitioners joined the services of Grama Panchayath and were working there till 16.01.2007, when they were permanently absorbed as employees of respondent Nos.2 to 4 - BBMP by virtue of the formation of BBMP vide Government Notification and in terms of Section 500 of the Karnataka Municipal Corporation Act , 1976 (for short “the said Act of 1976”). On 02.02.2021, respondent No.2 passed an Office Order confirming the absorption of the petitioners from their respective Grama Panchayath and issued clarification about their payment of salary, allowances and retirement benefits. It is the grievance of the petitioner that despite submission of several representations and approaching this Court in earlier rounds of litigation, during which the petitioners worked as employees of the Grama Panchayath and absorbed as permanent employees into the services of respondent Nos.2 to 4 - BPMP have not been considered by respondent Nos.2 to 4, who have passed the impugned proceedings at Annexure-F, restricting the entitlement of the petitioners only to Pensionary and leave encashment without considering the claim of the petitioners for

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NC: 2026:KHC:20401 WP No. 21388 of 2025

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HC-KAR

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other benefits viz. gratuity, etc., and as such, petitioners are before this court by way of the present petition.

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3.1 in support. In support of their submissions, learned counsel for the petitioners placed reliance upon the following judgments:

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(i) Vijay Kumar Joshi Vs. Akash Tripathi & Ors. – 2025 INSC 670.

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(ii) Dr. K.S. Jayanthi Vs. The State of Karnataka & Ors. – W.P.Nos.16129/2009, 16130/2009 and 16131/2009 – dated 14.10.2009.

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(iii) Sri. G.V. Ramesh Vs. The State of Karnataka and Ors. – W.P.No.17500/2025 dated 26.11.2025

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Per contra, learned AGA for respondent No.1 and learned counsel for respondent Nos.2 and 3 jointly submits that if reasonable time is granted, the concerned respondents would consider the representation of the petitioners, in accordance with law.

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A perusal of the material on record, in particular, the provisions contained in Section 500 of the said Act of 1976 and Rule 235-A of the Karnataka Civil Service Rules will indicate that the entire period of service of the petitioners as employees of the

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NC: 2026:KHC:20401 WP No. 21388 of 2025

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HC-KAR

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Grama Panchayath as well as the BBMP would necessarily have to be reckoned and considered by the BBMP for the purpose of granting all retirement benefits including pensionary benefits gratuity etc., in favour of the petitioners. Under these circumstances, I deem it just and appropriate to dispose of this petition by directing the respondents to disburse all retirement benefits payable to the petitioners including pensionary benefits, gratuity etc., together with applicable interests, if any, payable to the petitioners, as expeditiously as possible and at any rate, within a period of two months from the date of receipt of a copy of this order, in accordance with law.

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6. Subject to the aforesaid observations and directions,

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the petition stands disposed of.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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BMC

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List No.: 1 Sl No.: 38

C S Mukunda Chandra v. State of Karnataka

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C S Mukunda Chandra v. State of Karnataka

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