SHAIK SHAFIQUR RAHMAN AND ORS vs THE PRINCIPAL SECRETARY AND ORS
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC-K:10505-DB
WP No. 200566 of 2023
CNR: KAHC030097512022
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. 200566 OF 2023 (S-KAT)
BETWEEN:
1. SHAIK SHAFIQUR RAHMAN S/O NABI SAB,
AGE: 68 YEARS, OCC: RETIRED WATCHMAN,
R/O. H.NO. 5-2-52, PATAL NAGARI,
GOLEKHANA BIDAR- 585402.
2. SHAIKH YOUSUF S/O SHAIK CHAND,
AGE: 66 YEARS, OCC: RETIRED LITERATE ASSISTANT,
R/O. H.NO. 7-4-50/2, ROHILLA GALLI
BEHIND DARGAPUR, BIDAR- 585402.
3. SYED ZAHOORUDDIN S/O SYED MOINUDDIN,
AGE: 67 YEARS, OCC: RETIRED TYPIST,
R/O. H.NO. 5-3-127/1, BEHIND DECENT FUNCTION HALL,
GOLE KHANA, BIDAR- 585402.
4. NAGANATH S/O KASHEPPA,
AGE: 70 YEARS, OCC: RETIRED LITERATE ASST.,
R/O. H.NO. 9-11-135, NEAR BHAVANI TEMPLE,
VIDYA NAGAR COLONY, BIDAR- 585402.
5. MURALIDHAR RAO S/O GURUNATH RAO,
AGE: 66 YEARS, OCC: RETIRED LITERATE ASST.,
R/O. H.NO. 9-5-655, ADARSH COLONY, BIDAR- 585402.
6. A. NARAYAN S/O VENKAT RAO,
AGE: 66 YEARS, OCC: RETIRED STORE ASST.,
R/O. GANGA DHARU RING ROAD,
LATUR (MAHARASHTRA STATE).
…PETITIONERS
(BY SRI. R. J. BHUSARE, ADVOCATE)
Digitally signed by
B NAGAVENI
Location: HIGH
COURT OF
KARNATAKA
- 2 -
HC-KAR
NC: 2026:KHC-K:10505-DB
WP No. 200566 of 2023
CNR: KAHC030097512022
AND:
1. THE PRINCIPAL SECRETARY,
WATER RESOURCES DEPARTMENT,
VIKASA SOUDHA, BENGALURU-560 001.
2. THE PRINCIPAL SECRETARY TO GOVERNMENT
PUBLIC WORKS DEPARTMENT,
M.S. BUILDING, BENGALURU- 560 001.
3. THE PRINCIPAL SECRETARY,
FINANCE DEPARTMENT,
VIDHANA SOUDHA, BENGALURU- 560 001.
4. THE CHIEF ENGINEER C AND B,
NORTH ZONE, KALABURAGI-585101.
5. THE CHIEF ENGINEER,
(IPZWRD AIWAN-E-SHAHI),
KALABURAGI- 585 101.
6. THE CHIEF ACCOUNTS OFFICER,
ZILLA PANCHAYAT, BIDAR- 585402.
7. THE EXECUTIVE ENGINEER,
PWD, PORTS AND WATER
TRANSPORT RESOURCES
DIVISION, BIDAR- 585402.
8. THE ACCOUNTANT GENERAL IN
KARNATAKA (PENSION), BENGALURU- 560 001.
…RESPONDENTS
(BY SRI VEERANAGOUDA MALIPATIL, AGA FOR R1 TO R5,
R7 & R8; SRI. GOURISH S. KHASHAMPUR, ADVOCATE FOR R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER
PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL AT
KALABURAGI IN APPLICATION NOS.20962-20977/2021 DATED
03.08.2022 PRODUCED AT ANNEXURE-B AND ALLOW THE
APPLICATION AS PRAYED FOR.
- 3 -
HC-KAR
NC: 2026:KHC-K:10505-DB
WP No. 200566 of 2023
CNR: KAHC030097512022
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
ORAL ORDER
(PER: HON'BLE MR. JUSTICE ASHOK S. KINAGI)
1. This writ petition is filed by the petitioners
challenging the order dated 03.08.2022 passed in
Application Nos.20962 to 20977 of 2021 by the
Karnataka State Administrative Tribunal,
Kalaburagi (hereinafter referred to as ‘the 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
- 4 -
HC-KAR
NC: 2026:KHC-K:10505-DB
WP No. 200566 of 2023
CNR: KAHC030097512022
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 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, 06.07.2022,
28.07.2022 and 29.07.2022. 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.
- 5 -
HC-KAR
NC: 2026:KHC-K:10505-DB
WP No. 200566 of 2023
CNR: KAHC030097512022
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.
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-
- 6 -
HC-KAR
NC: 2026:KHC-K:10505-DB
WP No. 200566 of 2023
CNR: KAHC030097512022
21122 of 2021; order dated 06.07.2022 in
Application Nos.20754-764 of 2021 c/w Application
Nos.21192-21218 of 2021; order dated 28.07.2022
in Application Nos.21135-21151 of 2021 c/w
Application Nos.21161-21179 of 2021 and order
dated 29.07.2022 in Application Nos.21152-21160
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. 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 .
- 7 -
HC-KAR
NC: 2026:KHC-K:10505-DB
WP No. 200566 of 2023
CNR: KAHC030097512022
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.: 18.3
Ct:pk