Karnataka High CourtAdministrative and Public LawEmployment and Labour Law

A tribunal order following applicants’ own submission warrants no interference absent grounds.

NEHARU S/O BASAPPA AND ORSv.THE PRINCIPAL SECRETARY AND ORS

A tribunal order following applicants’ own submission warrants no interference absent grounds.. NEHARU S/O BASAPPA AND ORS vs THE PRINCIPAL SECRETARY AND ORS. Karnataka High Court. LawLens
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In brief

The question

1. Whether the KSAT’s dismissal of the petitioners’ applications, based on earlier orders concerning similar applications, warranted interference under Articles 226 and 227.

The court held

The High Court dismissed the writ petition, finding no ground to interfere with the KSAT’s order.

It also directed

It reserved liberty to the petitioners to make an application for payment of gratuity.

01Facts

The petitioners, retired employees who had initially worked on a daily-wage basis, applied to the Karnataka State Administrative Tribunal (KSAT) for their service to be counted from their initial appointments until retirement and for consequential benefits.

pp. 5–6

They relied on Netram Sahu v. State of Chhattisgarh.

pp. 5–6

The KSAT dismissed their applications on 28 July 2022, having regard to earlier orders dismissing similar applications; the petitioners challenged that dismissal under Articles 226 and 227 of the Constitution.

pp. 5–7

02Issues

i.1. Whether the KSAT’s dismissal of the petitioners’ applications, based on earlier orders concerning similar applications, warranted interference under Articles 226 and 227.

p. 5 · pp. 7–8

ii.2. Whether the petitioners were entitled in this writ petition to a direction counting their daily-wage service and granting consequential benefits.

pp. 5–6

03Law Applied

The petition invoked the High Court’s supervisory and writ jurisdiction under Articles 226 and 227 of the Constitution.

p. 4

The petitioners relied on Netram Sahu v. State of Chhattisgarh, Civil Appeal No. 1254 of 2018, as support for their claim to count service from initial daily-wage appointment.

pp. 5–6

Its decision rested on the procedural circumstances that the KSAT had disposed of the applications in terms of prior orders and that the related writ petition challenging one such order had also been dismissed.

pp. 7–8

04Reasoning

The High Court noted that the petitioners’ counsel had asked the KSAT to dispose of the applications in terms of earlier orders dismissing similar applications. The KSAT had accordingly passed the impugned order.

pp. 7–8

The High Court also recorded that the writ petition challenging one of those earlier KSAT orders had been dismissed on the same day. In those circumstances, it found no ground to interfere; it did not independently assess whether the petitioners’ daily-wage service qualified for counting or consequential benefits.

pp. 7–8

05Holding

The High Court dismissed the writ petition, finding no ground to interfere with the KSAT’s order.

p. 8

It reserved liberty to the petitioners to make an application for payment of gratuity.

p. 8
Karnataka High Court

Original Court PDF

NEHARU S/O BASAPPA AND ORSvsTHE PRINCIPAL SECRETARY AND ORS

Karnataka High Court · September 29, 2026

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