IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B.BAJANTHRI WRIT PETITION No.46872/2018 (S – RES) BETWEEN:
SRI.YADAVENDRANAIK S/O.LATE D.ESWARAIAH AGED ABOUT 58 YEARS R/AT NO.10, 1ST FLOOR NEAR MARISON’S FACTORY NAGASANDRA POST BANGALORE-560 073 (BY SRI.SUNDARESH H.C., ADVOCATE) AND THE MANAGING DIRECTOR KARNATAKA HANDLOOM DEVELOPMENT CORPORATION LTD., REGIONAL OFFICE NO.1, TANK BUND ROAD, HALASOOR BENGALURU-560 042 (BY SRI.B.S.MURALI, ADV.) .. PETITIONER .. RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE OFFICIAL ORDER DATED: 23.11.2013 ISSUED BY THE RESPONDENT AT ANNEXURE-D, DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATION FILED BY THE PETITIONERS DATED:20.08.2018 AT ANNEXURE-E FOR RESTORING TWO WEIGHTAGE INCREMENTS TO THE PETITIONERS WITH EFFECT FROM 01.04.2009 WITH ALL MONITORY BENEFITS TO THE PETITIONER PERSUANT TO THE ORDER ISSUED BY THE RESPONDENT DATED: 09.07.2013 AND 02.08.2013 AT ANNEXURE-B AND C RESPECTIVELY AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN `B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER In this writ petition, the petitioner has 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-D issued by the respondent.
b) issue writ in the nature of mandamus directing the respondent to consider the representation filed by the petitioner dated 20.8.2018 as per Annexure-E for restoring two weightage increments to the petitioner 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 9.7.2013 and 2.8.2013 as per Annexure-B & C.
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.”
2. 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 petitioner. Feeling aggrieved and dissatisfied with such keeping in abeyance of service benefits indefinitely, the petitioner has put to hardship. Hence, this petition.
3. 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 petitioner’s representation since juniors to the petitioner 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 petition stands disposed of.
Sd/-
JUDGE Bkm