Jaidev Vs the Central Silk Board — Writ and Judicial Review | Karnataka HC (2026)

Jaidev Vs the Central Silk Board — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Certiorari ordered; Memorandum dated 13.02.2026 (Annexure-F) quashed; petitioner entitled to continue in employment under respondent Board till superannuation at 60 years subject to applicable Rules and Regulations; period from relieving till resumption of duties counted as 'on duty' for all purposes.

Issue for consideration

Whether the Memorandum dated 13.02.2026 issued by Respondent No. 2 (Annexure-F) is liable to be quashed as opposed to the Award dated 01.04.2013 in C.R No. 151/2007 passed by the CGIT and Sec.18(3)(d) of the Industrial Disputes Act, 1947. +1 more

Court's answer

A writ of Certiorari is ordered and the Memorandum dated 13.02.2026 (Annexure-F) is quashed.

Ratio / Principle

The petitioner is entitled to continue in employment under respondent Board till he attains the age of superannuation of 60 years, subject to all the Rules and Regulations applicable to his employment.

Key takeaways

The period from the date of relieving the petitioner from duties till he is taken back to duties shall be considered as 'on duty' for all the purposes.ratio¶48
Both counsel jointly submitted that the issue involved is squarely covered by the coordinate-bench order in W.P.No.18131/2025 (disposed of on 22.09.2025), and the petition was disposed of in terms of that order.ratio¶40

Detailed headnote1 paragraphs

High Court of Karnataka (Jyoti M, J.), Writ Petition No. 21571 of 2026 (L-RES), decided 22.07.2026 — Jaidev, earlier working as skilled farm worker at the Skill Technical Service Centre, CSTRI, Central Silk Board, Bhagalpur, v. (1) The Central Silk Board and (2) Scientist D., CSTRI. Petition under Article 226 of the Constitution of India seeking quashing of the Memorandum dated 13.02.2026 issued by Respondent No. 2 (Annexure-F) as opposed to 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 contrary to Articles 14 and 21, with a further prayer for Mandamus directing continuation of service till age 60 with consequential benefits. Counsel jointly submitted the issue is squarely covered by the coordinate-bench order in W.P.No.18131/2025 (disposed of on 22.09.2025); the petition was disposed of in terms of that order. Operative directions: writ of Certiorari ordered and the Memorandum dated 13.02.2026 quashed; petitioner entitled to continue in employment under respondent Board till superannuation at 60 years, subject to all applicable Rules and Regulations; the period from relieving till resumption of duties to be treated as 'on duty' for all purposes.

1 -

NC: 2026:KHC:37703 WP No. 21571 of 2026

HC-KAR

CNR: KAHC010474272026

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 22^ND DAY OF JULY, 2026

BEFORE

THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 21571 OF 2026 (L-RES)

BETWEEN:

JAIDEV,

S/O. RAGHUNATH SARKAR, AGED ABOUT 58 YEARS, EARLIER WORKING AS SKILLED FARM WORKER, NOW ILLEGALLY SUPERANNUATED SKILL TECHNICAL SERVICE CENTRE, CSTRI, CENTRAL SILK BOARD, BHAGALPUR, BIHAR-813 210 AND R/AT BHATTA ROAD, BHIKHANPUR, BHAGALPUR DISTRICT, BIHAR-812001.

…PETITIONER

(BY SRI. GURURAJA P.B., ADVOCATE FOR SRI. NARAYANA BHAT MOVVAR, ADVOCATE)

Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA

AND:

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

SCIENTIST D., CENTRAL SILK TECHNICAL SERVICE CENTRE, CSTRI, CENTRAL SILK BOARD, BHAGALPUR-813210.

…RESPONDENTS

(BY SRI. N.S.NARASIMHA SWAMY, ADVOCATE)

2 -

HC-KAR

NC: 2026:KHC:37703 WP No. 21571 of 2026

CNR: KAHC010474272026

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.Gururaja.P.B, counsel on behalf of Sri.Narayana Bhat Movvar, for the petitioner has appeared in person.

Sri.N.S.Narasimha Swamy, counsel for respondents appeared through video conferencing.

Counsel Sri.N.S.Narasimha Swamy, is directed to file vakalath on behalf of the respondents. Office is directed to accept the same.

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 Memorandum dated 13.02.2026 issued by the Respondent No. 2 produced as Annexure-F as the same are opposed to the Award dated 01.04.2013 in 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.

3 -

HC-KAR

NC: 2026:KHC:37703 WP No. 21571 of 2026

CNR: KAHC010474272026

b) Issue a writ of Mandamus or any other appropriate writ or order or direction directing the Respondent No. 1 to continue the service of the Petitioner till he attains 60 years of age and grant all consequential benefits, to meet the ends of justice.

c) Grant the petitioner 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 submit 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.

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.

4 -

HC-KAR

NC: 2026:KHC:37703 WP No. 21571 of 2026

CNR: KAHC010474272026

A Writ of Certiorari is ordered. The Memorandum

dated:13.02.2026 vide Annexure-F is quashed. The petitioner is entitled to continue in employment under respondent - Board till he 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 he is taken back to duties shall be considered as 'on duty' for all the purposes.

SD/(JYOTI M) JUDGE

MRP List No.: 1 Sl No.: 79