IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JULY, 2019 BEFORE THE HON’BLE MRS.JUSTICE P.B.BAJANTHRI WRIT PETITION Nos.44203 - 44205/2018 (S – RES) BETWEEN:
1. SRI.S.DORESWAMY ACHAR S/O.LATE M.SOMACHAR AGED ABOUT 59 YEARS R/AT NO.5, 6TH CROSS SANJEEVININAGAR HEGGANAHALLI CROSS VISHWANEEDAM POST BANGALORE-560 091 2. SRI.K.S.PURUSHOTHAMA S/O.LATE K.S.SAMPAGINAIDU AGED ABOUT 58 YEARS R/AT. NO.10, 10TH CROSS DOWN PIPELINE ROAD BANGALORE-560 003 3. SRI.K.MOHAN RAO S/O.LATE VENKOJI RAO AGED ABOUT 58 YEARS R/AT NO. 139/44, JAI HANUMAN BHAVAN RAJAGOPALNAGAR MAIN ROAD GANAPATHINGARA, 3RD PHASE BANGALORE-560 058 (BY SRI.SUNDARESH H.C., ADV.) .. PETITIONERS AND THE MANAGING DIRECTOR KARNATKA HANDLOOM DEVELOPMENT CORPORATION LTD., REGIONAL OFFICE NO.1, TANK BUND ROAD, HALSOOR BENGALURU-560 042 .. RESPONDENT (BY SRI.B.S.MURALI, ADV.) THESE WPS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE OFFICIAL ORDER DATED: 23.11.2013 AS PER ANNEXURE-G ISSUED BY THE RESPONDENT, DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATION FILED BY THE PETITIONERS DTD: 13.04.2014 AND 21.08.2018 AS PER ANNEXURE-H & J FOR RESTORING TWO WEIGHTAGE INCREMENTS TO THE PETITIONERS WITH EFFECT FROM 1.04.2009 WITH ALL MONITORY BENEFITS AND CONSEQUENTIAL FINANCIAL BENEFITS TO THE PETITIONER RESPONDENT DATED: 02.08.2013 AS PER ANNEXURE-D, E AND F AND ETC.
THESE WPS COMING ON FOR PRELIMINARY HEARING IN `B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER In these writ petitions, the petitioners have sought for the following reliefs:
“a) Issue writ in the nature of certiorari to set aside the official order bearing No.KHDC/DPA/HO/2013-14/ 3351 dated 23.11.2013 as per Annexure-G issued by the respondent.
b) issue writ in the nature of mandamus directing the respondent to consider the representation filed by the petitioners dated 13.1.2014 and 21.8.2018 as per Annexures- H & J for restoring two weightage increments to the petitioners with effect from 1.4.2009 with all monitory benefits and consequential financial benefits to the petitioner pursuant to the order issued by the respondent dated 2.8.2013 as per Annexure-D,E & F.
c) Pass such other order or direction as this Hon’ble Court deems fit on the fact and circumstances of the case in the interest of justice and equity.”
Petitioner is extended the benefit of two weightage increments pursuant to the office order dated 9.7.2013 and 2.8.2013. Thereafter abruptly official respondent kept in abeyance in respect of grant of two weightage increments, which are not extended to the petitioners. Feeling aggrieved and dissatisfied with such keeping in abeyance of service benefits indefinitely, the petitioners have put to hardship. Hence, these petitions.
The respondent is hereby directed to take a decision pursuant to the orders dated 9.7.2013 and 2.8.2013. The respondent is herby directed to take note of the petitioners’ representation since juniors to the petitioners have been extended the identical benefits. The said process shall be completed within a period of two months from the date of receipt of this order. Communicate the decision to the petitioner.
Accordingly, writ petitions stand disposed of.
Sd/-
JUDGE Bkm