SHIVARAJ S/O MALASHETTY AND ORS vs THE CHIEF SECRETARY AND ORS
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:10503-DB
WP No. 200570 of 2023
CNR: KAHC030091182022
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. 200570 OF 2023 (S-KAT)
BETWEEN:
1. SHIVARAJ S/O MALASHETTY,
AGE: 68 YEARS,
OCC: RETIRED LITERATE ASSISTANT,
R/O. CHALKAPUR, TQ. BHALKI,
DIST. BIDAR- 585414.
2. SHIVARAJ S/O VISHWANATH RAO,
AGE: 70 YEARS,
OCC: RETIRED LITERATE
MAZADOOR GRADUATE,
R/O. H.NO.19-4-134, VANI NIVAS,
BEHIND BUDA OFFICE, NOWBAD,
BIDAR- 585402.
3. CHANDRAKANTH S/O KASHINATH,
AGE: 65 YEARS,
OCC: RETIRED LITERATE ASSISTANT,
R/O. H.NO.5-10-55, GANESH NAGAR,
LECTURER COLONY, BHALKI,
DIST. BIDAR- 585328.
4. PRADEEP KUMAR S/O BABU SINGH,
AGE: 61 YEARS,
OCC: RETIRED CLEANER,
R/O H.NO.9-12-74 VIDYA NAGAR,
BIDAR- 585401.
Digitally signed by
B NAGAVENI
Location: HIGH
COURT OF
KARNATAKA
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5. VEERAPPA S/O VEERBHADRAPPA,
AGE: 64 YEARS,
OCC: RETIRED LITERATE ASST.,
R/O. H.NO.2-5-183, PANSAL TALEEM,
BIDAR- 585401.
6. SYED RAFEEQ
S/O SYED ABDUL HAFEEZ,
AGE: 64 YEARS, OCC: RETIRED PEON,
R/O. H.NO.3-1-79, PANSAL TALEEM,
BIDAR- 585401.
7. DEEPA SINGH S/O BANU,
AGE: 71 YEARS,
OCC: RETIRED LITERATE ASST.,
R/O. NEAR BHAVANI TEMPLE,
CHANDAPUR, TQ. CHINCHOLI,
DIST. KALABURAGI- 585305.
…PETITIONERS
(BY SRI. SANTOSH A., ADVOCATE)
AND:
1. THE CHIEF SECRETARY,
GOVT. OF KARNATAKA,
VIDHANA SOUDHA,
BENGALURU- 01.
2. THE PRINCIPAL SECRETARY,
DEPARTMENT OF FINANCE,
VIDHANA SOUDHA,
BENGALURU - 01.
3. THE ACCOUNTANT GENERAL
IN KARNATAKA,
OPPOSITE KPSC, BENGALURU- 01.
4. THE PRINCIPAL SECRETARY,
DEPARTMENT OF WATER RESOURCES
DEVELOPMENT, VIDHANA SOUDHA,
BENGALURU - 01.
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HC-KAR
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WP No. 200570 of 2023
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5. THE CHIEF ENGINEER,
IRRIGATION PROJECT ZONE,
AIWAN- E- SHAHI ROAD,
KALABURAGI- 585102.
6. THE PRINCIPAL SECRETARY,
RURAL DEVELOPMENT AND
PANCHAYAT RAJ,
M. S. BUILDING,
BENGALURU- 560001.
7. THE CHIEF EXECUTIVE OFFICER,
ZILLA PANCHAYAT, BIDAR- 585401.
8. THE PRINCIPAL SECRETARY,
DEPARTMENT OF AGRICULTURE,
BENGALURU- 560001.
9. THE DIRECTOR
DEPARTMENT OF AGRICULTURE,
M. S. BUILDING,
BENGALURU- 560001.
…RESPONDENTS
(BY SRI. VEERANAGOUDA MALIPATIL, AGA)
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 IN
APPLICATION NO.20754-20764/2021 DATED: 06.07.2022
PRODUCED AT ANNEXURE-B. AND ALLOWED THE APPLICATION AS
PRAYED FOR.
THIS PETITION, COMING ON FOR ORDERS, 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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HC-KAR
NC: 2026:KHC-K:10503-DB
WP No. 200570 of 2023
CNR: KAHC030091182022
ORAL ORDER
(PER: HON'BLE MR. JUSTICE ASHOK S. KINAGI)
1. This writ petition is filed challenging the order dated
06.07.2022 passed in Application Nos.20754 to
20764 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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WP No. 200570 of 2023
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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. 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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WP No. 200570 of 2023
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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, 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
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WP No. 200570 of 2023
CNR: KAHC030091182022
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.: 18.5
Ct:pk