NEHARU S/O BASAPPA AND ORS vs THE PRINCIPAL SECRETARY AND ORS
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:10502-DB
WP No. 200544 of 2023
CNR: KAHC030091162022
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 29 DAY OF SEPTEMBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
AND
THE HON'BLE MR. JUSTICE SUBRAMANYA RANGARAO
WRIT PETITION NO. 200544 OF 2023 (S-KAT)
BETWEEN:
1. NEHARU
S/O BASAPPA,
AGE: 64 YEARS,
OCC: RETIRED LITERATE ASST.,
(IRRIGATION DEPT.),
R/O. TUGAON (CHALKAPUR),
TUGAON (C) KATTI,
BIDAR- 585413.
2. SUSHEELA
W/O LATE MADAN PATIL,
AGE: 68 YEARS,
OCC: RETIRED LITERATE MAZADOOR,
(IRRIGATION DEPT.),
R/O. H. NO.19-4-134, VANI NIWAS,
NEAR BUDA OFFICE, NAUBAD,
DIST. BIDAR- 585403.
3. VISWANATH
S/O ANNEPPA,
AGE: 70 YEARS,
OCC: RETIRED LITERATE ASSISTANT
(IRRIGATION DEPT.),
Digitally signed by
B NAGAVENI
Location: HIGH
COURT OF
KARNATAKA
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R/O. 156, SULTANAPUR,
BIDAR- 585403.
4. SRI GURUPAD HADAPAD
S/O KYAMANNA HADAPAD,
AGE: 63 YEARS,
OCC: RETIRED LITERATE ASSISTANT,
(IRRIGATION DEPARTMENT),
R/O. VIDYANAGAR,
SINDAGI- 586128.
5. SRI KALAPPA TALAWAR
S/O RAMAPPA TALAWAR,
AGE: 68 YEARS,
OCC: RETIRED WORK ASSISTANT,
(IRRIGATION DEPARTMENT),
C/O. KISHAN JOSHI,
H.NO.1-891/1B,
HANUMAN NAGAR,
KALABURAGI-585101.
6. SRI SHREESAILAYYA VIRAKATMATH
S/O PRABHAYYA VIRAKTAMATH,
AGE: 73 YEARS,
OCC: RETIRED WORK ASSISTANT,
(IRRIGATION DEPARTMENT),
R/O. BASAVANA BAGEWADI ROAD,
LAXMI NAGAR,
IBRAHIMPUR,
VIJAYAPURA-586109.
7. SRI BASHEER AHAMED ATTAR,
S/O. MADAR SAB ATTAR,
AGE: 69 YEARS,
OCC: RETIRED WATCHMAN
(ZILLA PANCHAYAT),
R/O. CHANDAPUR COLONY,
IBRAHIMPUR,
VIJAYAPURA- 586101.
…PETITIONERS
(BY SRI. SIDDARUDHA B. PUJARI, ADVOCATE)
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WP No. 200544 of 2023
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AND:
1. THE PRINCIPAL SECRETARY,
WATER RESOURCES DEPARTMENT,
VIKAS SOUDHA,
BENGALURU- 560001.
2. THE CHIEF ENGINEER,
IRRIGATION PROJECT ZONE,
KALABURAGI-585102.
3. THE PRINCIPAL SECRETARY,
RURAL DEVELOPMENT AND
PANCHAYAT RAJ,
VIDHAN SOUDHA,
BENGALURU-560001.
4. THE PRINCIPAL SECRETARY,
DEPARTMENT OF SOCIAL WELFARE,
VIDHANA SOUDHA,
BENGALURU-560001.
5. THE EXECUTIVE OFFICER,
ZILLA PANCHAYAT,
BIDAR-585401.
6. THE PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE,
BENGALURU-560001.
7. THE DEPUTY COMMISSIONER,
VIJAYAPUR DISTRICT,
VIJAYAPUR-586101.
8. THE SECRETARY,
SMALL SAVINGS,
VIDHANA SOUDHA,
BENGALURU-560001.
9. THE DIRECTOR,
PENSION AND SMALL SAVINGS,
BENGALURU.
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WP No. 200544 of 2023
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10. THE ASSETS AND LIABILITIES,
PENSION AND SMALL SAVINGS,
VISHWESHWARAIHA TOWER,
ST
1 FLOOR, BENGALURU-560001,
REPRESENTED BY ITS DIRECTOR.
11. THE DIRECTOR OF STATISTICAL
DEPARTMENT,
TH
17 FLOOR, M. S. BUILDING,
BENGALURU.
12. THE DISTRICT STATISTICAL OFFICER,
VIJAYAPUR-586101.
…RESPONDENTS
(BY SRI VEERANAGOUDA MALIPATIL,
AGA FOR R1 TO R4 & R6 TO R12;
SRI. SHARANVEER, ADVOCATE FOR
SRI GOURISH S. KHASHAMPUR, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT IN
THE NATURE OF CERTIORARI QUASHING THE ORDER PASSED BY
THE KARNATAKA ADMINISTRATIVE TRIBUNAL KALABURAGI IN
APPLICATION NOS.21135-21151/2021 DATED 28.07.2022
PRODUCED AT ANNEXURE-B AND ALLOW THE APPLICATIONS AS
PRAYED FOR. B) ISSUE ANY OTHER APPROPRIATE ORDER OR
DIRECTION, WHICH THIS COURT DEEMS FIT UNDER THE
CIRCUMSTANCES OF THE CASE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ASHOK S. KINAGI
and
HON'BLE MR. JUSTICE SUBRAMANYA RANGARAO
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WP No. 200544 of 2023
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ORAL ORDER
(PER: HON'BLE MR. JUSTICE ASHOK S. KINAGI)
1. This writ petition is filed challenging the order dated
28.07.2022 passed in Application Nos.21135 to
21151 of 2021 by the Karnataka State Administrative
Tribunal, Kalaburagi Bench (hereinafter referred to
as ‘KSAT’).
2. Brief facts giving rise to filing of this petition are as
under:
The petitioners filed applications before the KSAT
seeking direction to the respondents to count the
services of the petitioners/applicants from the date of
their initial appointment on daily wage basis till the
date of retirement of service and extend all the
benefits from the date of initial appointment till the
date of retirement in accordance with the judgment
of the Hon’ble Supreme Court in the case of Netram
Sahu v. State of Chattisgarh and another in Civil
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Appeal No.1254 of 2018 disposed of on
23.03.2018 . Learned counsel for the applicants
submitted before the KSAT that same set of common
applications were disposed of vide order dated
01.06.2022 and 06.07.2022. Considering the
submissions made by the learned counsel for the
applicants, the KSAT dismissed the applications.
Hence, this writ petition is filed.
3. Heard the learned counsel for the petitioners and the
learned Additional Government Advocate appearing
for the respondents.
4. Learned counsel for the petitioners submits that in
identical matter, the KSAT has allowed the
applications filed by the similarly placed
applicants/petitioners. Hence, the impugned order
passed by the KSAT is arbitrary and erroneous.
Hence, on this ground, he prays to allow the writ
petition.
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NC: 2026:KHC-K:10502-DB
WP No. 200544 of 2023
CNR: KAHC030091162022
5. Learned Additional Government Advocate appearing
for the respondents supported the impugned order
passed by the KSAT and prayed to dismiss the writ
petition.
6. Perused the petition papers and considered the
submissions of the learned counsel for the parties.
7. Learned counsel for the petitioners/applicants made
a submission before the KSAT for disposing of the
said applications in terms of the order dated
01.06.2022 passed in Application Nos.21119-21122
of 2021 and order dated 06.07.2022 in Application
Nos.20754-764 of 2021, wherein the KSAT has
dismissed the said applications. The KSAT,
considering the earlier orders, has passed the
impugned order. The order passed by the KSAT in
Application Nos.21119-21122 of 2021 has been
challenged in W.P.No.202351/2022. The said writ
petition is dismissed today i.e., on 29.09.2026.
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HC-KAR
NC: 2026:KHC-K:10502-DB
WP No. 200544 of 2023
CNR: KAHC030091162022
Since the impugned order passed by the KSAT is
based on the submissions made by the learned
counsel for the petitioners, we do not find any
ground to entertain the petition. Hence, the writ
petition is dismissed .
8. However, liberty is reserved to the petitioners to
make an application for payment of gratuity.
Sd/-
(ASHOK S. KINAGI)
JUDGE
Sd/-
(SUBRAMANYA RANGARAO)
JUDGE
NB
List No.: 2 Sl No.: 18
Ct:pk