Sri K T Lakshmana v. The State of Karnataka

NC:(2026:KHC:11728( WP(No.(22362(of(2021( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(25 (DAY(OF(FEBRUARY,(2026(

BEFORE( THE(HON'BLE(MR.(JUSTICE(H.T.(NARENDRA(PRASAD( WRIT(PETITION(NO.(22362(OF(2021((S-RES)( BETWEEN:(( SRI,K,T,LAKSHMANA, S/O,THATHAIAH, AGED,ABOUT,64,,YEARS, NDR/AT,NO,18,,2 ,,CROSS,, MRS,LAYOUT,,SUNKADAKATTE, VISHWANEEDAM,POST, BENGALURU,,-,560091.,

…PETITIONER, (BY,SRI.,SUNDARESH,H,C.,,ADVOCATE),

AND:(

1., THE,,STATE,OF,KARNATAKA, REP.,BY,ITS,SECRETARY,TO,GOVERNMENT,,

DEPARTMENT,OF,COMMERCE,AND,INDUSTRIES,, VIKASA,SOUDHA,, BENGALURU,–,560001.,

Digitallytisignedtiby , MALATHI

2., THE,MANAGING,DIRECTOR,,CHALUVA0IYENGAR Location:0HIGH KARNATAKA,HANDLOOM,DEVELOPMENT,, COURTOF CORPORATION,LTD, KARNATAKA HEAD,OFFICE,, PRIYADARSHINI,NEKARA,BHAVANA,, VIDHYA,NAGARA,HUBLI,-,580001, …RESPONDENTS, (BY,SRI.G,RAMESH,NAIK,,AGA,FOR,R1:, SRI,MANU,D,GOWDA,,ADVOCATE,FOR,, SRI.,D,NAGARAJ,,ADVOCATE,FOR,R2), , THIS, WRIT, PETITION, IS, FILED, UNDER, ARTICLES, 226, AND,227,OF,THE,CONSTITUTION,OF,INDIA,PRAYING,TO,ISSUE, WRIT, IN, THE, NATURE, OF, MANDAMUS, DIRECTING, THE, RESPONDENT,TO,CONSIDER,THE,REPRESENTATION,FILED,BY,

THE PETITIONERS DATED 29.09.2021 AS PER ANNEXURE-G TO GRANT THE BENEFIT OF 4TH TIME BOUND PROMOTION WITH EFFECT FROM 13.4.2015 WITH ALL CONSEQUENTIAL BENEFITS AS PER THE OFFICIAL ORDER ISSUED BY THE RESPONDENT DATED 05.06.2021 AS PER ANNEXURE-E AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

ORAL ORDER

¶1The petitioner has called in question the order dated

17.02.2022 passed by respondent No.2 vide Annexure-H, insofar as it relates to non-granting financial benefits to the petitioner from 13.04.2015.

¶2Petitioner joined service of respondent-Corporation on 08.04.1991. In terms of the Regulations of the Corporation, the petitioner is entitled to a Time Bound Promotion to overcome stagnation every seven years. On completion of every seven years of service, owing to purport of the Regulations, the petitioner was granted Time Bound Promotion on three occasions on completion of every seven years of service. When it came to the Fourth Time Bound Promotion which was to be granted on

13.04.2015, the respondent – Corporation did not accede to the request of the petitioner pursuant to which the petitioner gave a representation dated 07.07.2015 at Annexure-C seeking consideration of his case for Fourth Time Bound Promotion on completion of 28 years of service in terms of Regulations. Since his representation was not considered, he approached this Court by filing W.P.No.484/2019. This Court, by order dated 07.12.2020, disposed of the said writ petition and directed the respondent-Corporation to consider the representation of the petitioner dated 07.07.2015 in accordance with law. Pursuant to the directions of this Court, petitioner's case was considered vide Annexure-H dated 17.02.2022 and Fourth Time Bound Promotion was granted from 13.04.2015. However, in the impugned order, it was clarified that the petitioner is entitled for monetary benefit from 01.04.2018. Being aggrieved by the said portion of the order dated

17.02.2022, the petitioner is before this Court.

¶3The Regulations of the Corporation is very clear that if the workmen of the factory unit have not got any promotion for more than 7 years in the existing cadre, he/she is entitled for Time Bond Promotion. The relevant Regulation of the Corporation is extracted below. "Regulation 41A :- The workmen of factory units of the Corporation shall be promoted to the next higher cadre if he/she remains without any promotion for more than 7 years in the existing cadre subject to the cadre and recruitment Rules.

¶4The petitioner was appointed as a Workman Category-1 and he retired in same post on

30.06.2017. As per the Regulations, on 13.04.1994, First Time Bond Promotion has been granted to the petitioner; on 13.04.2001, Second Time Bond Promotion has been granted and on 13.04.2008, Third Time Bond Promotion has been granted. On 13.04.2015, the petitioner was entitled for Fourth Time Bond Promotion. By impugned order dated 17.02.2022, Fourth Time Bond Promotion has

been granted to the petitioner from 13.04.2015. However, in the same order, monetary benefit has been extended from 01.04.2018. This clause in the impugned order is without authority of law. No reasons are forthcoming in the impugned order for restricting the financial benefits to a later date. Therefore, the impugned order, insofar as it relates to denial of financial benefits from 13.04.2015, is unsustainable and is liable to be quashed.

¶5Accordingly, the following order is passed: ORDER a) Writ petition is allowed.

b) The impugned order dated 17.02.2022 passed by respondent No.2 vide Annexure-H, insofar as it relates to denial of financial benefits to the petitioner from 13.04.2015, is quashed.

c) The respondent-Corporation directed to consider the representation submitted by the petitioner vide Annexure-G dated 29.09.2021,

in accordance with law, within eight weeks from the date of receipt of copy of this order, keeping in view of the observations made herein.

Sd/- (H.T. NARENDRA PRASAD) JUDGE

DM LIST NO.: 1 SL NO.: 28