CHANDRAPPA PARIVALADA vs THE MANAGING DIRECTOR KSRTC

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WP No. 5701 of 2022


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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 14 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

WRIT PETITION NO. 5701 OF 2022 (S-KSRTC)

BETWEEN:
CHANDRAPPA PARIVALADA
S/O LATE KARIBASAPPA PARIVALADA
AGED ABOUT 58 YEARS
R/AT NO.103, BILVA NILAA
ND
2 CROSS, JAYANAGARA
SHIVAMOGGA-577 201.
…PETITIONER
(BY SRI. M C BASAVARAJU., ADVOCATE)







AND:
1. THE MANAGING DIRECTOR KSRTC
CENTRAL OFFICES
K.H.ROAD, SHANTHINAGAR
BANGALORE-560 027.

2. THE DIVISIONAL CONTROLLER
KSRTC, SHIVAMOGGA DIVISION
SHIVAMOGGA-577 201.
…RESPONDENTS
(BY SMT. H R RENUKA., ADVOCATE FOR R1 & R2)




THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED DIVISIONAL ESTABLISHMENT ORDER
NO.137/2020 VIDE ORDER DATED: 24.10.2020 VIDE
ANNEXURE -N ISSUED BY THE R-2 IN SO FAR AS THE DATE OF
ACCEPTANCE OF HIS APPLICATION FOR VOLUNTARY
RETIREMENT IS CONCERNED AND THE IMPUGNED
ENDORSEMENT BEARING NO: KARASA/SHIVI/SIBBANDHI/C-
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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2/4491/2021-22 DATED: 12.01.2022 VIDE ANNEXURE-Q TO
THE WRIT PETITION ISSUED BY THE R-2 AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER

1. In this writ petition, the petitioner has sought for the
following relief/s:
“i) Issue a writ in the nature of writ of certiorari
by quashing the impugned Divisional Establishment
Order No.137/2020 vide Order Bearing
No.KARASA/SHIVI/SIBBANDHI/C-2/1656/2020-21
dated 24/10/2020 vide Annexure N issued by the
second respondent in so far as the date of
acceptance of his application for voluntary retirement
is concerned and the impugned endorsement Bearing
No. KARASA/SHIVI/SIBBANDHI/C-2/4491/2021-22
dated 12/01/2022 vide Annexure Q to the writ
petition issued by the second respondent and
ii) Issue a writ in the nature of writ of mandamus
directing the second respondent to accept the
application of the petitioner for voluntary retirement
w.e.f., 05/02/2020 by modifying the date of
acceptance of his application w.e.f., 05/02/2020
instead of 08/10/2020 and release the additional
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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benefit of Rs.2,00,000/- in favour of the petitioner as
per Annexure-F under the facts and circumstances of
the case or
iii) Issue any appropriate, writ, order/s or directions
as this Hon'ble Court may deems fit to grant by
considering the facts and circumstances of the case
and an order as to costs to meet the ends of justice
and equity.”

2. Brief facts of the case are that the petitioner was
appointed as a Conductor in the respondents-Corporation
on 20.02.1984 and was posted to the Shivamogga Depot
of respondent No.2. During his service, the respondent
No.1-Corporation introduced a Voluntary Retirement
Scheme (hereinafter referred to as ‘VRS’ for short), which
was amended from time to time. The petitioner submitted
an application under the said scheme, produced as
Annexure-F on 30.01.2020, seeking voluntary retirement
with effect from 05.02.2020. However, the respondents-
Corporation accepted his application only with effect from
08.10.2020 instead of 05.02.2020 on the ground that at
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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the time of filing application for voluntary retirement,
petitioner has not furnished the disability certificate as per
the scheme introduced by the Corporation. Aggrieved by
the date on which his application was accepted and the
consequential monetary benefits granted to him, the
petitioner is before this Court.

3. Learned counsel appearing for the petitioner has
raised the following contentions:

a) Firstly , the respondents-Corporation had introduced
the VRS and had amended the same from time to time. As
on the date of submission of the petitioner’s application,
the scheme dated 11/12.11.2019, produced as Annexure-
D, was in force. Accordingly, the petitioner submitted his
application on 30.01.2020 under the said scheme seeking
voluntary retirement with effect from 05.02.2020. If
respondents-Corporation accepted the petitioner’s
application with effect from 05.02.2020, the petitioner
would have been entitled to a one-time settlement of
Rs.8,00,000/- instead of Rs.6,00,000/-, considering that
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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he had four years of service remaining. However, since the
respondents-Corporation accepted his application to be
effect from 08.10.2020, the petitioner suffered a monetary
loss of Rs.2,00,000/-. It is therefore contended that the
delay in accepting the application deprived the petitioner
of the monetary benefits available under the scheme, and
the respondents-Corporation ought to have considered his
application with effect from the date originally sought by
him.

b) Secondly, the petitioner was suffering from a physical
disability to an extent of 45% and on account of his
disability, he had been assigned light work during his
service. The respondents-Corporation was already in
possession of his disability certificate. Therefore, there was
no necessity for the Corporation to conduct another
medical examination to assess the petitioner’s disability
before considering his application for voluntary retirement.
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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Hence, learned counsel for the petitioner seeks to
allow the writ petition and grant the petitioner the
monetary benefits entitled under the applicable VRS.

4. Per contra, learned counsel appearing for the
respondents-Corporation raised the following contentions:
a) Firstly , the VRS provides for two categories of
employees seeking voluntary retirement. The first
category relates to employees suffering from disabilities,
whereas the second category relates to employees
suffering from diseases other than disabilities. She further
contended that the petitioner’s application did not clearly
indicate the category under which he sought voluntary
retirement. Therefore, by endorsement dated 07.02.2020,
the respondent No.2-Corporation directed the petitioner to
produce the relevant medical certificate so as to enable
the Corporation to consider his application under the
appropriate category of the scheme.
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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b) Secondly, pursuant to the endorsement issued by the
Corporation, the petitioner appeared before the Medical
Board. After conducting a medical examination, on
08.10.2020 the Medical Board issued a certificate
assessing the petitioner’s permanent physical disability at
42%. Thereafter, the Corporation considered the
petitioner’s application under the VRS and accepted the
same on 08.10.2020.
c) Thirdly , considering the petitioner’s remaining service
of three years, an amount of Rs.6,00,000/- was
sanctioned and released in his favour under the scheme.
The petitioner accepted the amount released in his favour
on 24.10.2020. She further contended that, having
accepted the monetary benefits sanctioned by the
Corporation, the petitioner cannot subsequently seek to
have his application treated as having been accepted with
effect from 05.02.2020.
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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d) Fourthly, the petitioner approached the Corporation
seeking reconsideration of the date of acceptance of his
voluntary retirement only after a considerable lapse of
time. His subsequent representation seeking
reconsideration was rejected by endorsement dated
12.01.2022. It is therefore contended that the Corporation
acted in accordance with the applicable scheme and that
the petitioner has not made out any ground for
interference by this Court. Accordingly, learned counsel
seeks dismissal of the writ petition.

5. Heard the learned counsel for the parties and
perused the writ papers.

6. It is not in dispute that the petitioner was appointed
as a Conductor in the respondent-Corporation in the year
1984 and was working in the Shivamogga Depot. It is also
not in dispute that the respondent-Corporation introduced
the VRS and amended the same from time to time. As on
the date of submission of the petitioner’s application, the
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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scheme dated 11/12.11.2019, produced as Annexure-D,
was in force.

7. The VRS provides for two categories of employees
seeking voluntary retirement. The same is extracted
below:
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Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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8. Under the first category, an employee/workman who
has completed a minimum of ten years of service and is
suffering from a disability recognized under the applicable
disability Acts, namely, the Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation)
Act, 1995 and the Rights of Persons with Disabilities Act,
2016, with a disability exceeding 40%, is required to
produce the requisite disability certificate. Subject to
fulfillment of the conditions prescribed under the scheme,
such employee is entitled to a monetary benefit of
Rs.2,00,000/- for one year of remaining service,
Rs.4,00,000/- for two years, Rs.6,00,000/- for three
years, Rs.8,00,000/- for four years and Rs.10,00,000/- for
five years of remaining service.

9. Under the second category, employees suffering from
diseases other than disabilities may also seek voluntary
retirement by producing the medical certificate issued by
the competent Medical Board, as required under the
scheme. Subject to fulfillment of the conditions prescribed
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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under the scheme, such employees are entitled to a
monetary benefit of Rs.2,00,000/- for one year of
remaining service, Rs.3,00,000/- for two years,
Rs.4,00,000/- for three years, Rs.5,00,000/- for four years
and Rs.6,00,000/- for five years of remaining service.

10. In the present case, the petitioner submitted his
application for voluntary retirement on 30.01.2020,
seeking acceptance of the same with effect from
05.02.2020. On perusal of the application, it is clear that
the petitioner sought voluntary retirement on the ground
of ill health. However, he had not enclosed the medical
certificate issued by the Medical Board along with the
application, as required under the scheme. Therefore, the
respondent-Corporation issued an endorsement dated
07.02.2020 directing the petitioner to obtain the requisite
certificate from the Medical Board. Accordingly, the
petitioner appeared before the Medical Board, which
issued a certificate on 08.10.2020 assessing his
permanent physical disability at 42%. After considering
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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the said certificate, the Corporation accepted the
petitioner’s application for voluntary retirement with effect
from 08.10.2020, the date on which the certificate was
issued. Since the remaining period of service was three
years, an amount of Rs.6,00,000/- was sanctioned and
released in his favour. The petitioner accepted the said
amount.

11. After a period of about one year and two months, the
petitioner submitted a representation contending that his
application for voluntary retirement ought to have been
accepted with effect from 05.02.2020. However, since the
petitioner had not enclosed the requisite medical
certificate along with his application and further the
certificate was issued by the Medical Board only on
08.10.2020, the Corporation has rightly accepted his
application for voluntary retirement with effect from that
date. Having accepted the amount sanctioned under the
scheme, the petitioner cannot now contend that his
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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application ought to have been accepted with effect from
05.02.2020.

12. In view of the above, the Corporation has rightly
rejected the petitioner’s request for modification of the
date of acceptance of his application for voluntary
retirement by issuing the endorsement dated 12.01.2022,
produced as Annexure-Q. There is no error or illegality in
the order passed by the Corporation warranting
interference by this Court.

13. The petitioner has not made out any ground for
entertaining the writ petition. Accordingly, the writ petition
dismissed
is devoid of merit and stands .

Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

(H.T. NARENDRA PRASAD)
JUDGE


HA
LIST NO.: 1 SL NO.: 13