IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWADjudgmenthck.kar.nic.in/judgments/bitstream/123456789/... · · 2012-10-18in the high court of karnataka circuit bench at dharwad

1

IN THE HIGH COURT OF KARNATAKA

CIRCUIT BENCH AT DHARWAD

DATED THIS THE 03RD

DAY OF OCTOBER, 2012

BEFORE

THE HON’BLE MR JUSTICE HULUVADI G RAMESH

WRIT PETITION NOS.61598-742 OF 2011(S-RES) C/W

3689-3708 OF 2010(S-PRO)

BETWEEN:

1. SRI.VITHAL PUJARI S/O SRI HANUMANTHRAO,

AGE: 62 YEARS, R/AT HOUSE NO. 197,

KALIDAS NAGAR, BADAVANE,

VIDYANAGAR, HUBLI.

2. SRI.JANARDHAN JOSHI S/O SRI BHEEMABHAT,

AGE: 63 YEARS, R/AT HOUSE NO.25,

CHETHANA COLONY, GOKUL ROAD,

HUBLI -580 030.

3. SRI. RIYAKHATALI TTAR S/O SRI BABUSAB,


VISHAL NAGAR, OLD HUBLI, HUBLI

4. SRI.RAMACHANDRAPPA NAVALI,

S/O SRI VENKAPPA,

AGE: 62 YEARS, R/AT "PADMASADAN"

NEAR POST OFFICE, NAREGAL, RON TQ

2

5. SRI.SADUSUNDER DHAWALE S/O SRI PAUL,

AGE:62 YEARS, R/AT PLOT NO.19/20,

BRINDAVAN LAYOUT,

JAYANAGAR, VIDYANAGAR, HUBLI

6. SRI.SUBASH BENNI S/O SRI LINGAPPA,

AGE:60 YEARS, R/AT HOUSE NO.H 103,

AKSHAY GARDEN, BANASHANKARI BADAVANE,

VIDYANAGAR, HUBLI.

7. SRI K.MURUGESH S/O SRI KIDIGANNAIAH,

AGE:61 YEARS, R/AT HOUSE NO.204-B,

J.P.NAGAR, GOKUL ROAD, HUBLI - 580 030.

8. SRI KRISHNACHARAYA PUROHIT

S/O SRI NARSIMHACHAR,

AGE:60 YEARS, R/AT ARUNODAYA BUILDING,

II MAIN ROAD, DESHPANDE NAGAR,

HUBLI - 580 029.

9. SRI SHANKAR AGNIHOTRI S/O SRI GUNDABHAT,

AGE:57 YEARS, R/AT NEAR AGASI HONDA,

AT POST: KUNDAGOL, DIST: DHARWAD.

10. SRI SALVADOR FERNANDES S/O SRI LARENCE,

AGE:60 YEARS, R/AT SWEETY VILLA,

JOSEPH NAGAR, KUMTA - 581 343.

11. SRI. BASAVARAJ HIREMATH

S/O SRI BASAVENNAYYA,

AGE:60 YEARS, R/AT ANAND NAGAR ROAD,

INDRAPRASTHA NAGAR,

KALADAGI BLDG, OLD HUBLI, HUBLI

3

12. SRI VITINA MASCARENHAS S/O SRI ANTONEY,

AGE:61 YEARS, R/AT SIDDI APARTMENT,

NEAR SBI COLONY, KESHWAPUR, HUBLI.

13. SRI CHANDRASHEKHARAYYA HIREMATH

S/O VEERAYYA,

AGE:62 YEARS, R/AT " SHIVAGANAGA "

PLOT NO.20, SAPTAPURA,

11TH

CROSS, DHARWAD.

14. SRI. RAMAPPA KOPPAD S/O SRI KOLLAPPA,

AGE:59 YEARS, R/AT KALE LAYOUT,

BENGERI EXTENSION,HUBLI - 580 023.

15. SRI ABDULGANI MULLA S/O SRI IMAM HUSAIN,

AGE:62 YEARS, R/AT PLOT NO.69

GOKUL DHAM, OLD HUBLI, HUBLI - 580 024.

16. SMT BHARTI KULKARNI D/O SRI HANUMANT RAO,

AGE: 61 YEARS, R/AT CHANDRANATH NAGAR,

DHIRENDRA TEERTHA LAYOUT,

VIJAYANAGAR, HUBLI - 580 032.

17. SRI ISHWARAYYA KALAWADMATH,

S/O SRI CHANDRASHEKHARAYYA,

AGE: 61 YEARS, R/AT HUDCO LAST BUS STOP,

BEHIND GOVT.HIGH SCHOOL,GADAG.

18. SRI BASAVANNEPPA KANAVI S/O SRI SHRIDRAMAPPA,

AGE: 62 YEARS, R/AT MIG-I-184,

SHIDDALINGA NAGAR,GADAG.

19. SRI. RAJASHEKARAYYA HIREMATH

S/O SRI VIRUPAKSHAYYA

AGE: 63 YEARS,R/AT "SHIDDHESHWAR NILAYA"

4

VEERESHWAR NAGAR, GADAG.

20. SRI KSHIMSAB KALLIMANI S/O SRI RAJESAB,

AGE: 61 YEARS,R/AT ANJUMAN ITI COLLEGE,

MULUGUND ROAD, GADAG.

21. SRI KRISHNA ARAWAL S/O SRI RUDRAPPA,

AGE: 61 YEARS,R/AT BANASHREE LAYOUT,

VIDYAGIRI, DHARWAD.

22. SRI. SADANAND PETKAR S/O SRI NAGENDRARAO,

AGE: 61 YEARS, R/AT B-12, KEB COLONY,

LINGRAJ NAGAR ROAD,

VIDYANAGAR, HUBLI - 580 031.

23. SRI.ANANT HUDDAR S/O SRI SHRINIVAS,

AGE: 63 YEARS, R/AT C/O V.K.ALUR,

NEW FORT, HUBLI - 580 020.

24. SRI PARASHURAM NIRANJAN, S/O SRI RAMANATHSA,

AGE: 61 YEARS,R/AT SHIRUR PARK,

II PHASE, PLOT NO.58,

VIDYANAGAR, HUBLI - 580 021.

25. SRI RAMESH M.PADAKI S/O SRI MARTAND RAO,

AGE: 62 YEARS,R/AT NO. WG 424,

12TH CROSS, NAVANAGAR, HUBLI - 580 025.

26. SRI SHRINIVAS GUDIHAL S/O SRI DATTATRAYA,

AGE: 62 YEARS,R/AT HOUSE NO. 45,

SADASHIVANAND NAGAR,

BHAIRIDEVARKOPPA, HUBLI.

27. SRI R SELVAKANNAN S/O SRI K RAMASWAMY,

AGE: 60 YEARS, R/AT NO.204,

5

ROYAL PLUS APARTMENT,

SHANTI COLONY, VIDYANAGAR,HUBLI

28. SRI ASHOK RAGATE S/O SRI KESHAV,


MAYURI EXTENSION,

NAGASHETTI KOPPA, HUBLI

29. SRI MAHADEVGOUDA PATIL

S/O SRI CHANNABASANGOUDA,

AGE: 62 YEARS, R/AT HOSAYELLAPUR,

DUNDI ONI, DHARWAD.

30. SRI MADHAV BYATNAL S/O SRI ANANTRAO


ASHOK NAGAR, HUBLI - 580 032

31. SRI MUGAPPA SHIRAGANNAVAR S/O SRI KALLAPPA,

AGE 59 YEARS, R/AT POST SULLA, TQ: HUBLI.

32. SRI DODDAVEERAYYA MATHAPATI,

S/O SRI RACHAYYA,

AGE : 61 YEARS, R/AT HOSUE NO. LIG-4,

GANDHINAGAR, HUBLI - 580 030.

33. SRI P HARRY KANAKA RAJAN S/O Y.PUTTARAJAN,

AGE: 63 YEARS, R/AT BRAHMAGIRI COLONY,

EKTA NAGAR, HUBLI - 580 031.

34. SRI KRISHNAJI GAD, S/O SRI RAGHAVENDRA,

AGE: 60 YEARS, R/AT " HARI PREEYA "

NEAR SAI MANDIR, NAVANAGAR,

HUBLI - 580 025.

6

35. SRI TANAJI SHINDHE, S/O SRI YELLAPPA,

AGE: 60 YEARS, R/AT PLOT NO.9,

NADGIR PARK, SADHANKERI,

DHARWAD.

36. SRI IMAM HUSSEIN MORAB S/O SRI DADABHAI,

63 YEARS, R/AT MORAB BLDG, PENDAR GALLI,

HUBLI - 580 020.

37. SRI MOHAN AMRSHETTY S/O SRI NARAYAN,

AGE: 61 YEARS,

R/AT " SHRI RAGHAVENDRA NILAYA "

SADHANKERI, 3RD CROSS, DHARWAD.

38. SRI ELLAPPA NADUVINMANI S/O SRI MARIYAPPA,

AGE: 62 YEARS, R/AT HOUSE NO. 5

BHAVIKATTI PLOT, NEAR SHANKARMATH,

Y.S.COLONY, DHARWAD.

39. SRI SURESH JOSHI S/O SRI RANGANATH,

AGE: 58 YEARS, R/AT " SURESH NIVAS "

HOUSE NO.2, SAI NAGAR, 4TH DROSS,

HUBLI - 580 031.

40. SRI ASHOK MOKASHI S/O SRI NARAYANRAO,

AGE: 60 YEARS, R/AT NO.27, KEMPGERI PLOTS,

LINE BAZAR, DHARWAD.

41. SMT LEAH MALINI D/O SRI JAMES KAKOL,

AGE: 61 YEARS,

R/AT NO.195, ASHIRWAD KALIDAS NAGAR,

NEAR ST.ANTHONY SCHOOL,

VIDYANAGAR, HUBLI.

7

42. SMT CHAYA PAI D/O SRI KRISHNA KAMATH,

AGE: 57 YEARS, R/AT NO.198, KALIDAS NAGAR,

NEAR ST.ANTHONY SCHOOL,

VIDYANAGAR, HUBLI.

43. SRI BABAJAN GIDBADE S/O SRI DAVALSAB,

61 YEARS, R/A KOULPETH, SAGRI CHAWAL,

P.B.ROAD, HUBLI.

44. SRI MASTAN BIJALIKHAN S/O SRI MAKTUMSAB,

61 YEARS, R/A HOUSE NO.1012/A, TOTAD GALLI,

BAILHONGAL - 591 102.

45. SRI SAMBHAJI KATAGAR S/O SRI HANUMANTHAPPA,

AGE: 61 YEARS, R/AT KARJAGI ONI,

OLD HUBLI,HUBLI - 580 024.

46. SRI ASHOK KARAJAGAR, S/O SRI DATTATREYA,

AGE: 59 YEARS, R/AT 78, SIDDARUDHA NAGAR,

OLD HUBLI,HUBLI - 580 024.

47. SRI BHARAMAPPA WADDAR S/O SRI TIRAKAPPA,

AGE: 61 YEARS, R/AT SHIDRAMESHWAR NAGAR,

NEAR CHANNAMMA CIRCLE, GADAG.

48. SRI MOHAN PETKAR S/O SRI NAGENDRA,

AGE: 62 YEARS, R/AT KOLIPETH,

MARATHA GALLI, BEHIND STATION,

HUBLI.

49. SRI RAMACHAR KURDI S/O SRI NARASIMHACHAR,

AGE: 61 YEARS, R/AT JAVALI PLOT,

GAJENDRAGAD - 582 114.

8

50. SRI VEERANNA HUBLIKAR S/O SRI SHANTAPPA,

AGE: 61 YEARS, R/A HOUSE NO.110,

MANJUNATH NAGAR,

VENKATESHWAR COLONY,

GOKUL ROAD, HUBLI - 580 030.

51. SRI AMEENUDDIN MULLA, S/O SRI IMAMSAB,

AGE: 62 YEARS,R/AT HOSPET GALLI,

ANNIGERI.

52. SRI GAVISIDDAPPA KUDLUR, S/O SRI BASAPPA,

AGE: 64 YEARS,

R/AT BASAVESHWAR NILAYA,

NEAR NEELAMMATAI ASHRAM,

HUDCO (SOUTH), GADAG.

53. SRI YALLAPPA UMACHAGI S/O SRI HONNAPPA,

AGE: 65 YEARS, R/AT OLD VITHAL TEMPLE,

K.B.SCHOOL, NO.3, GADAG.

54. SRI CHANDRASHEKHAR JOGIHALLI,

S/O HOLABASAPPA, AGE: 61 YEARS,

R/AT NANDI NIVAS, 1ST MAIN ROAD,

RAJAT GIRI, DHARWAD.

55. SRI SHRINIVAS JOSHI S/O SRI VENKATESH,

AGE: 57 YEARS, R/AT: " LAXMI VENKATESH "

2ND FLOOR, NEAR MUNICIPAL HOSPITAL,

OLD HUBLI, HUBLI - 24.

56. SRI RANGAPPA KARUR S/O SRI YELLAPPA,

62 YEARS, R/A ADARSHNAGAR, PLOT NO.6,

NEAR NEELAMMA TAI MATHA, GADAG.

9

57. SRI DEVAPPA MADALGERI S/O SRI ELLAPPA,

AGE: 60 YEARS,

R/AT ADARSHNAGAR, PLOT NO.6,INDRA SADAN,

155C/12, HUDCO SOUTH, GADAG - 03.

58. SRI YELLAPPA KANOJ, S/O SRI HUCHAPPA,

AGE: 62 YEARS, R/AT & POST: HOMBAL,

TQ: GADAG.

59. SRI PARAMESHWARAPPA TADAS S/O SRI DANAPPA,

AGE: 62 YEARS, R/AT HATALGERI NAKA, MASARI,

OPP: CHURCH, GADAG.

60. SRI BASAVARADDI SASWIHALLI, S/O SRI RAMARADDI,

AGE: 61 YEARS, R/AT KALLOLGI HOSPITAL,

P.B.ROAD, GADAG.

61. SRI MOHAN KULKARNI S/O SRI VENKATESH,

AGE: 60 YEARS, R/AT VIDYANAGAR,

3RD CROSS, OPP. K.H. PATIL STADIUM,

GADAG.

62. SRI MARUTI BHAJANTRI S/O SRI KASHAPPA,

AGE: 59 YEARS, R/AT : 5TH CROSS, III MAIN ROAD,

SIDDALINGA NAGAR, GADAG.

63. SRI MALLAPPA BENKANAHALLI S/O MAHADEVAPPA,

AGE: 61 YEARS, R/AT MATHAD ONI,

POST: NEELAGUND, TQ: GADAG.

64. SRI NARAYAN GAYAD, S/O SRI GANGAPPA,

AGE: 62 YEARS, R/AT 19/2, SHRI KRUPA,

AVARADI STREET, OLD HUBLI,

HUBLI 580 024.

10

65. SRI VENKATESH DESHPANDE S/O SRI GANGADHAR,


KAVERI NAGAR, II STAGE,

BELGAUM - 8.

66. SRI KARABAASAPPA DODDABASANNAVAR,

61 yrs, S/O CHANNABASAPPA,

C/O SANGALIKAR TEACHER,

BEHIND HEAD POST OFFICE,

NEAR NEW BUS STAND, LAXMESHWAR.

67. SRI GURUNATH MITHARE S/O SRI DATTATREYA,

64 YEARS, R/AT OMKAR, 117,

SIDHAROODHA NAGAR,

NEAR SIDHAROODHA MATH,

HUBLI - 580 024.

68. SRI MOHAMMED SHAFI KUSUGAL S/O SRI ISMAIL SAB,

AGE: 62 YEARS, R/AT MUKKERI ONI,

GANESHPETH, HUBLI.

69. SRI CHANDRASHEKHAR BARKI,

S/O SRI HANUMANTAPPA,

AGE: 61 YEARS,

R/AT "A" BLOCK, 3RD CROSS,

BASAVESHWAR NAGAR, HAVERI.

70. SRI CHANNAVEERSWAMI KUDALMATH,

S/O SRI AJJAYYA, AGE: 60 YEARS,

R/AT "B" BLOCK, 11TH CROSS,


71. SRI SHIVBASAV SWAMI CHIKMATH,

S/O SRI CHANAVEERASWAMI,

AGE: 60 YEARS, R/A "B" BLOCK, 11TH CROSS,

11


72. SRI GURUNATH SANKANNAVAR

S/O SRI LAXMAN, AGE: 59 YEARS,

R/AT GANDHI CIRCLE, HAVERI.

73. SRI VEERUPAKSHAPPA PATRI, S/O SRI MALAKAPPA,

AGE: 60 YEARS, R/AT A BLOCK, 3RD CROSS,

BASAVESHWARANAGAR, HAVERI.

74. SRI KRISHNA JANVEKAR, S/O SRI NEELAKANTH,

AGE: 60 YEARS, R/AT B BLOCK, 4TH CROSS,


75. SRI SUREH GOKAK, S/O SRI CHIDAMBAR,

AGE: 60 YEARS, R/AT 3RD CROSS,

SHAVJINAGAR, HAVERI.

76. SRI RAMAPPA KALE, S/O SRI FAKRIPPA,

AGE: 61 YEARS, R/AT VIDYANAGAR WEST EXTN

P.B.ROAD, HAVERI.

77. SRI. BASAPPA BANNIHALLI, S/O SRI PUTTAPPA,

AGE: 62 YEARS, R/AT A BLOCK 5RH CROSS,

BASAVESHWR NAGAR,HAVERI.

78. SRI ISHWARAPPA SANGUR, S/O SRI HANMANTHAPPA,

AGE: 61 YEARS, R/AT VIDYANAGAR WEST,

BEHIND LIC OFFICE, P.B.ROAD, HAVERI.

79. SRI NAGAPPA HAVERI S/O SRI TIPPANNA,

AGE: 62 YEARS, R/AT JAYALAXMI NILAYA,

3RD MAIN, 3RD CROSS,

VIDYANAGAR EAST, HAVERI.

12

80. SRI CHANNAPPA MUNDINAMANI,

S/O SRI PARAVATAPPA,

AGE: 61 YEARS, R/AT A BLOCK, 2ND MAIN,

VIDYANAGAR EAST, HAVERI.

81. SRI.VASANT BANKAPUR S/O SRI ANANTHAPPA,

AGE: 63 YEARS, R/AT HALEPET, SHIGGAON.

82. SRI BASAVATHAPPA HOLAL S/O SRI VIRUPAKSHAPPA,



83. SRI NARAYAN SAVADI S/O SRI LAXMAN,



84. SRI VIANAYAKA MALODE S/O SRI NARASAPPA,

AGE: 60 YEARS, R/AT 1ST CROSS, ASHWINI NAGAR

HAVERI.

85. SRI MANOHAR MANOCHAR S/O SRI SIDAPPA,

AGE: 61 YEARS, R/AT CHIRANJIVI NILAYA,

PLOT AREA AT, TILAVALLI TALUK,

HANGAL.

86. SRI GUDDAPPA OBANNAVAR, S/O MINIKAVVA,

R/AT KATENAHALLI POST, HAVERI TALUK.

87. SRI. VINAYAK KRISHNA DIXIT, S/O SRI VISHWANATH,

AGE: 62 YEARS, R/AT NO.SHREE RAMA NAGAR,

P.B.ROAD, RANEBENNUR.

88. SRI MOHAN PATIL S/O SRI LINGANGOUDA,

AGE: 60 YEARS, R/AT NO.197, J.P.NAGAR,

13


89. SRI VILAS NADGIR S/O SRI RAMACHANDRA,

AGE: 50 YEARS, R/AT FORT, 3RD CROSS,

MAHA MAYA BUILDING, HUBLI.

90. SMT USHA BHUJANG D/O SRI RAGHAVENDAR,


SIDDALINGESHWAR COLONY,

VIKAS NAGAR, HOSUR, HUBLI.

91. SRI RASOOLKHAN PATHAN

S/O SRI MAQDOOMKHAN,

AGE: 61 YEARS, R/AT NO.60, LAXMIPUR,

BANK COLONY, OLD HUBLI, HUBLI - 580 024.

92. SRI SHEKARAPPA HULLUR S/O SRI SHANKARAPPA,

AGE: 61 YEARS, R/AT POST: KOTBAL 582 201

93. SRI BASALINGANGOUDA PATIL S/O SRI

SANGANGOUDA, 61 YEARS

R/AT POST MARANBASARI, TQ: RON,

94. SRI SHANKRAPPA BALIGAR, S/O SRI ERAPPA,


GAJENDRAGAD 582 114.

95. SRI VEERAPPA HAVALAPPANAVAR, S/O SRI NEELAPPA,

AGE: 61 YEARS, R/AT NAVARANG,

GAJENDRAGAD 582 114.

96. SRI TIRUKAPPA RAJUR S/O SRI SHIVALINGAPPA,


NEAR BUS STAND, GAJENDRAGAD.

14

97. SRI NARAYANA SHET S/O SRI SANTAYYA,

AGE: 61 YEARS, R/AT NO. MIG -1/162,

GANDHINAGAR, OPP GAJANAN TEMPLE,

GOKUL ROAD, HUBLI.

98. SRI DODDABASAVAGOUDA GOUDAR, S/O SRI

BALANGOUDAR,

AGE: 59 YEARS, R/AT NO.165, TAPOVAN NAGAR

HALIYAL ROAD, DHARWAD.

99. SMT. SUMAN KAMAT D/O SRI VITHAL,

AGE: 59 YEARS, R/AT NO.37, KAUSTABHA,

RAJEEVA NAGAR, VIDYANAGAR, HUBLI.

100. SRI DADAPEER MUNDASAD S/O SRI ANSARSAB,


BAFANA NAGAR, D.G.ROAD, OLD HUBLI,

HUBLI.

101. SMT MANJULA JOSHI D/O SRI SURESH,

AGE: 59 YEARS, R/AT H.NO.60,ASHOK NAGAR,

REVANKAR BUILDING, HUBLI - 580 032.

102. SRI SHANKAR NUCHI, S/O SRI MALLAPPA,

AGE: 61 YEARS, R/AT BEHIND GANESH TEMPLE

BELGAUM ROAD, DESAI PLOT, HALIYAL (N.K).

103. SRI ASHOK GONDKAR S/O SRI CHANDRASHEKAR,

AGE: 60 YEARS, R/AT MIG-515, NAVANAGAR,

15TH CROSS, HUBLI - 580 025.

104. SRI RAJSHEKHAR GANGAVATI

S/O SRI BASAVANEPPA,

15

AGE: 59 YEARS, R/AT HOUSE NO.166/004,

AKSHAY PARK, GOKUL ROAD, HUBLI

105. SRI RADHAKRISHNA KULKARNI

S/O SRI NARAYANRAO,

AGE: 62 YEARS, R/AT H.NO.13996/55E,

GANDHINAGAR, 1ST CROSS, DHARWAD.

106. SRI NARASIMHA MURTHY PANCHAMUKHI,

S/O SRI HAYAVADANACHAR,

AGE 62 YEARS, R/AT " YOGESHWARI"

GODKHINDI COMPOUND,

KABBUR ROAD, MALMADDI,

DHARWAD - 580 007.

107. SRI ELLAPPA JADAGOPPAD S/O SRI TULAJAPPA,

AGE: 62 YEARS, R/AT RANADAMMA COLONY,

1ST

CROSS, NEKAR NAGAR,

M G ROAD, OLD HUBLI, HUBLI - 580 24.

108. SRI JANARDHAN DESHBHAG

S/O SRI PAREMESHWAR,

AGE: 63 YEARS, R/AT MAHISHI ROAD,

BRINDAVAN LAYOUT,

SRI PADMA BUILDING,

MALMADDI, DHARWAD.

109. SRI MAHABALESHWAR KAVISHEETI

S/O SRI SHIVALINGAPPA


RAJAJINAGAR, DEVANGPETH ROAD,

HUBLI - 580 023.

110. SRI BASAVANTAPPA RAMAGERI

S/O SRI CHANNAPPA,

16

AGE: 63 YEARS, R/AT HOUSE NO.10/B,

8TH CROSS, MAYUR NAGAR, OLD HUBLI,

HUBLI - 580 024.

111. SRI YAMANASA KATHRE S/O SRI GURUNATHSA,

AGE: 60 YEARS, R/AT HOUSE NO.LIG-296,

11TH CROSS, NAVANAGAR,

HUBLI - 580 025.

112. SRI ANANT TEMBADMANI S/O SRI GUNDO,

AGE: 56 YEARS, R/AT 4B, " CHITANYA "

SATTUR COLONY, VIDYAGIRI,

DHARWAD - 580 004.

113. SRI SAMBAJI JADHAV S/O SRI SHIVAJI,

AGE: 59 YEARS, R/AT SOMWARPETH,

JAVALI ONI, KITTUR.

114. SRI CHINTAMANI KULKARNI S/O SRI SHRIPAD RAO,

AGE: 61 YEARS, R/AT VINAYAK NAGAR,

BAILHONGAL.

115. SRI SADANAND KINARI S/O SRI PARASHURAM,


SOMWAR PETH, KITTUR.

116. SRI VITHAL JOSHI S/O SRI NARAYAN,

AGE: 61 YEARS, R/AT 24,

PRIYADARSHINI COLONY,

2ND CROSS, 2ND MAIN, GOKUL ROAD,

HUBLI - 580 030.

117. SRI AMANULLAKHAN PATHAN S/O NAWAZKHAN,

AGE: 60 YEARS, R/AT HOUSE NO.C-51,

17

SHANTINIKETAN, BHAIRIDEVARKOPPA, HUBLI.

118. SRI LAXMAN SARAF S/O SRI JAKANACHARYA,

AGE: 60 YEARS, R/AT " AMARSHILPI "

HOUSE NO. EWS-837, 1ST MAIN, 1ST CROSS,

BASAVEHSWAR CIRCLE,

NAVANAGAR, HUBLI - 580 025.

119. SRI TALANTINE HORTA, S/O SRI THOMAS,

AGE: 62 YEARS, R/AT NOORANI PLOT,

VIDYUT NAGAR, BY-PASS ROAD, HUBLI - 580 024.

120. SMT SUDHA BELURKAR W/O SRI GOVIND

AGE: 61 YEARS, R/AT C/O PRASAD KARWARKAR

MASJID ROAD, KARWAR.

121. SRI WILLIAM JONATHAN S/O SRI EDWARD,

AGE: 60 YEARS, R/AT "ASHIRWAD",

MASJID ROAD, KARWAR.

122. SRI MADAN HABBU S/O SRI GOPALKRISHNA,

AGE: 59 YEARS, R/AT HABBUWADA, KARWAR.

123. SRI GAJANAN BHAGWAT

S/O SRI RAMA

AGE: 60 YEARS, R/AT : SIDDABHAVI POST,

KUMTA - 581 343.

124. SRI BABU MAHALE S/O SRI BHIKKU,

AGE: 60 YEARS, R/AT LAXMI KRUPA,

AT SIDDHANBHAVE POST, POST KUMTA.

125. SRI MOHAN DAS S/O SRI PADMANABHAYYA,

AGE: 62 YEARS, R/AT KONARE,

18

POST MURUR, TQ: KUMTA.

126. SRI ASHOK VARAGIRI, S/O SRI MARTHANDRAO,

AGE: 64 YEARS, R/AT 38/A,

GANDHI NAGAR, 1ST CROSS,

NEAR MARUTI TEMPLE,

DHARWAD - 580 004.

127. SRI RAMACHANDRA BARKER S/O SRI SATYAPPA,

AGE: 59 YEARS, R/AT POST: HAITAPUR,

TQ: MUDARGI, DIST: GADAG.

128. SMT LATA KUDATARKAR W/O SRI GOPAL YADAVE,


SHIVANAND NAGAR, NAVANAGAR,

HUBLI - 580 025.

129. SRI VEERABHADRAYYA HONGALMATH

S/O SRI SHIVAYYA,

AGE: 61 YEARS, R/AT RAJATGIRI,

2ND CROSS, DHARWAD.

130. SRI SHANMUKHAPPA MALODE S/O SRI GANGAPPA,

AGE: 61 YEARS, R/AT VIVEKANAND NAGAR,

MASARI, GADAG.

131. SRI HANAMAPPA KALI, S/O SRI MALAKAPPA,

AGE: 62 YEARS, R/AT DANESHWAR NAGAR,

3RD CROSS, VIDYAGIRI, DHARWAD.

132. SRI SHANUMUKHAPPA ARKACHARI

S/O SRI MAHARUDRAPPA, 61 YEARS

R/AT HOUSE NO.53, MANJUNATHA NAGAR,


19

133. SRI LAXMAN KOSANDAR

S/O SRI NARAYANSA,

AGE: 61 YEARS, R/AT HOUSE NO.76/2,

BAKALE GALLI, GANESH PETH,

HUBLI - 580 020.

134. SRI T.S.KRISHNA NAIK S/O SRI KASYA NAIK,

AGE: 61 YEARS, R/AT HOUSE NO.58/A,

ADARSHA COLONY, OPP:BSNL,

TELEPHONE EXCHANGE OFFICE,

CANTONMENT, BELLARY - 583 104.

135. SRI B K BASAVARAJ S/O SRI B BASANNA,

AGE: 63 YEARS, R/AT 3RD WARD, 6TH CROSS,

3RD MAIN, " ARANODAYA " NIWAS"

NEAR SAPTAGIRI SCHOOL BASAVESHWARA

BADAVANE, HOSPET.

136. SRI H.V.RAMACHANDRA

S/O SRI H V RAGHAVENDRA ACHAR,

AGE: 63 YEARS, R/AT NEAR POLICE STATION,

BEHIND J.C.SCHOOL, KAMALAPUR.

137. SRI K. BASAVARAJ S/O SRI K PALLAKAPPA,

AGE: 60 YEARS, R/AT NEAR IDEA TOWER,

MALLIGIVANA, K.V.O.R.COLONY,H.B.HALLI.

138. SRI B. HANUMANTHAPPA S/O SRI BEEMAPPA,

AGE: 61 YEARS, R/AT BEHIND WATER TANK,

NEAR DEEPAYAN SCHOOL,

NEHRU CO-OPERATIVE COLONY,

HOSPET.

139. SRI N.RAMAPPA S/O SRI N.RANGAPPA,

AGE: 59 YEARS, R/AT DOOR NO.1158

20

" MARUTHI KRUPA "

4TH WARD, L B BADAVANE, KITTUR

140. SRI K. GOPINATH RAO S/O SRI K.NILGIRI RAO,


1ST WARD, BUDDA CIRCLE,

NEAR TOWN PANCHAYAT,

KOTTUR - 583 134.

141. SRI P.LINGAPPA S/O SRI P.RAMAIAH,


5TH WARD, KAMBAR STREET, KOTTUR

142. SRI M J JINADATHARAYA S/O SRI M J MALLAIAH,


5TH WARD, BANGAR STREET,

HARAPANAHALLI.

143. SRI D.ESWARAPPA S/O SRI MUPPANNA,

AGE: 62 YEARS, R/AT 5TH WARD,

NEAR GOVT. HOSPITAL.

MARIYAMMANAHALLI,

HOSPET TALUK.

144. SRI THIPPESWAMY BHODA, S/O SRI B. CHANNAPPA,

AGE 59 YEARS, R/AT 2ND CROSS,

KALYANA NAGAR, KOPPAL.

145. SRI S. VITTAL RAO S/O S LAKSHMANA RAO,

AGE 61 YEARS, R/AT BASAVESHWARA NAGAR,

BEHIND SUB-JAIL.

HUVINAHADAGALI. ... PETITIONERS IN

W.P.NOS.61598-742/2011

1. SRI VITHALA BADAGI S/O SRI GOPAL

21

62 YEARS, R/A SECTOR NO.54,

PLOT NO.9E, GAJANANA CIRCLE,

NAVANAGAR, BAGALKOT 587102

2. SRI ASHOK CHAVARE S/O KRISHNA RAO

AGED ABOUT 62 YEARS

R/A NO.355, KILLA NEAR CHAWADI

BAGALKOT

3. SRI BASAVARAJ AMBALI S/O SRI CHANNAPPA

AGED ABOUT 62 YEARS

R/A SEC NO.62, PLOT NO.101,

NAVANAGAR, BAGALKOT

4. SHRI T VISHWANATH S/O SRI T DODDAPPA

AGED ABOUT 61 YEARS

R/A NEAR GAYATHRI JEWELLARY SHOP

KENCHAMMA TEMPLE ROAD,

15TH CROSS, VIDYAGIRI, BAGALKOT

5. SRI DURGAPPA KODIHAL S/O SRI S KODIHAL

AGED ABOUT 62 YEARS

R/A KARIHAL ROAD

NEAR SHARANUBASAVESHWARA SCHOOL

BAGALKOT

6. SRI GUNDAPPA LAMANI S/O SRI KESHAPPA

AGED ABOUT 63 YEARS

R/A NO.163/A, NEAR LINE SCHOOL

LAMANI CHAL, BAGALKOT 101

7. SRI IMAMA SAB TAGARJOGI S/O SRI JANGLISAB

AGED ABOUT 62 YEARS

R/A NO.311, SEC NO.48,

NEAR LAND ARMY OFFICE

22

NAVANAGAR, BAGALKOT 102

8. SRI DEMANNA NAIK S/O SRI BAVSING

63 YEARS, R/A NO.98, HUMPI NIVAS

TEGGI LAYOUT, VIDYAGIRI

BAGALKOT 102

9. SRI GURUNATH MUJUMDAR S/O SRI GUNDE RAO

AGED ABOUT 64 YEARS

R/A VG ENCLAVE F2, DOCTOR LAYOUT

SIMHA COLONY, CHIKKALLASANDRA

BANGALORE 61

10. SRI THIMMANAGOUD GOUDAR

S/O SRI SANKANAGOUD

63 YEARS, R/A NO.120/B/169,

"SIDDARAMESHWARA NILAYA"

24TH CROSS, ROOPLAND, VIDYAGIRI

BAGALKOT 587102

11. PAWADIGOUA WATHARAD S/O SRI BALANAGOUD

61 YEARS, R/A HONNARAHALLI

POST BEVINMATTI, HUNGUND TALUK

BAGALKOT DISTRICT

12. SRI SHARANAPPA DODDAMANI

S/O BHIMAPPA, 61 YEARS

R/A ALLMPURPETH

BUDHA NILAYA, NEAR DARGA

WARD 7, ILKAL, HUNGUND TALUK

BAGALKOT DISTRICT

13. SRI HUSENSAHEB PENDARI S/O LALSAHEB

AGED ABOUT 61 YEARS

R/A PLOT NO.67, HULYAL LAYOUT

23

NEAR PM NADAGOUA HOUSE

BAGALKOT 587101

14. SRI RAJARAM KAMATE S/O SRI RAMACHANDRA

AGED ABOUT 61 YEARS

R/A SECTOR NO.58

HOUSE NO.81, NAVANAGAR

BAGALKOT 587103

15. SRI BALAPPA GORWAR S/O SRI GIRIYAPPA

AGED ABOUT 63 YEARS

R/A TIPUNAGAR

2ND CROSS, BADAMI

16. SRI DASHARATH LANDE S/O SRI ANADAPPA

AGED ABOUT 63 YEARS

R/A TIPUNAGAR, 2ND CROSS, BADAMI

17. SRI GANAPATHARAO MOHITHE

S/O RAMACHANDRA RAO

63 YEARS, R/A TIPUNAGAR

2ND CROSS, BADAMI

18. SRI MAHADEVAPPA INGINERI S/O SRI KAMALAPPA

AGED ABOUT 61 YEARS

R/A C/O BASAVA MEDICALS

DR.DADDENNAVAR HOSPITAL

LAXMINAGAR, BAGALKOT

19. SRI RANGANATH CHAVARE S/O SRI KRISHN RAO

62 YEARS, R/A NO.48, PAAVANI

RADHANI COLONY

GOKUL ROAD, HUBLI 30

24

20. GOUSMOHIDDIN DHALAYATH S/O ABDULLA

RAHAMAN, AGED ABOUT 61 YEARS

R/A HULYAL LAYOUT

NEAR ALIYAS NASZID

BAGALKOT 01 ..PETITIONERS IN

W.P.NOS.3689-708 OF 2010

(BY SRI V R DATAR, ADV)

AND:

1. THE KARNATAKA POWER TRANSMISSION

CORPORATION LTD.,

CAUVEY BHAVAN, BANGALORE,

REP.BY THE CHAIRMAN AND

MANAGING DIRECTOR.

2. THE GENERAL MANAGER (ADMN). & HRD)

KARNATAKA POWER TRANSMISSION

CORPORATION LTD, CAUVERY BHAVAN,

BANGALORE - 560 009.

3. THE DIRECTOR, (ADMN AND HRD),

KARNATAKA POWER TRANSMISSION

CORPDORATION LTD, CAUVEY BHAVAN,

BANGALORE - 560 009. ..COMMON

RESPONDENTS

(By Sri B S KAMATE, &

Sri GURUDEV I GACHCHINAMATH, ADVS)

These Writ Petitions are filed under Article 226 of the

Constitution of India praying to quash the order dated

2.11.2007 issued by the 2nd

respondent (Annexure K) to the

extent of giving effect to the said order from 24.8.2007 and

also to the extent of enhancing the length of service required

for the 2nd

promotion from 25 years to 27 years and for third

promotion from 30 years to 32 years as per Clause 2 thereof.

25

These Writ Petitions coming on for preliminary hearing

this day, the Court made the following:

ORDER

Petitioners have sought for issuance of writ of certiorari,

to quash Annexure ‘K’ issued by the 2nd

respondent to the

extent of giving effect to the order dated 24.8.2007 and also to

the extent of enhancing the length of service required for the

second promotion from 25 years to 27 years and for third

promotion from 30 years to 32 years as per Clause 2 thereof

and also to quash the endorsement dated 29.6.2009 issued by

the 3rd

respondent and also for issuance of writ of mandamus,

directing the respondents to grant the benefit of Scheme by

giving effect to the order dated 2.11.2007 from the original

date i.e., from 9.4.2003 by quashing the impugned portion of

the order dated 2.11.2007 and also directing the respondents to

revise and re-fix the pay scale of the petitioners by extending

the benefit of career advancement scheme from the date each

one of them is entitled to get the revised pensionary benefit

26

and also for payment of arrears of pay and pension from such

date with interest @ 12% per annum.

2. In these sets of petitions, petitioners who were

working in the respondent-Corporation in different cadres have

retired from service on various dates before 2007. The

respondent-Corporation was governed by Recruitment and

Promotion regulations. By experience, respondents found that

though certain employees possessed necessary qualifications,

they were not promoted for want of vacancies and certain of

the employees who have not passed prescribed examination

were put on long length of service, but were not promoted and

some of them had no avenue for promotion at all. The

Regulations mentioned above do not address these

contingencies in the service of respondent-Corporation. As

such, respondents introduced a scheme called ‘Career

Advancement Scheme’ dated 24.6.1982, the relevant portion

of which reads as under:-

27

“2(a) All workmen possessing necessary

qualifications as per R & P Regulations to the

next higher post, but not promoted for want of

vacancies and have completed the service of

10(ten) years in the same cadre/post shall be

given the next higher scale in terms of Para 3

of this order;

2(b) All workmen who are not qualified for

promotion by not passing the prescribed

examinations as per R & P Regulations and

have completed 14(fourteen) years of service

in the same cadre/post shall be given next

higher scale in terms of Para 3 of this order;

2(c)All workmen for whom there is no

promotional avenue in the existing R & P

regulations and have completed 14 years

(fourteen) of service in the same cadre/post

shall also be given the next higher scale in

terms of Para 3 of this order.”

As per this scheme, (i) employees possessing necessary

qualification who were not promoted (ii) employees not

qualified but had put in long number of years of service and

(iii) employees having no promotional avenues in their entire

service, were all extended the benefit of Career Advancement

28

Scheme. This scheme was introduced in the year 1982 and

continued till April 2003.

3.The respondent-Corporation has issued impugned

notification dated 9.4.2003 amending Recruitment and

Promotion regulations as Chapter IVA. By virtue of the

amendment to the Regulations noted above, petitioners and

other employees who fell under the category of not possessing

required qualification but had put in long length of service

were all denied the benefit of Career Advancement Scheme.

As such, petitioners and others have approached the

respondent-Board to modify the impugned regulations and to

extend the benefit of Career Advancement Scheme to the

petitioners who do not possess the requisite qualification but

have put in long years of service.

4. Pursuant to the representation made through the

Union of petitioners, a notification dated 2.11.2007 as per

29

Annexure K came to be issued, once again extending the

benefit of Career Advancement Scheme to the employees who

were not qualified for promotion by not passing the prescribed

examination, but having put in service of more than 27/32

years. By this notification what was denied in the notification

of 2003 was again extended to the employees who did not

possess the requisite qualification of passing the prescribed

examination. Thus, for the period from 9.4.2003 and

2.11.2007, the benefit of Career Advancement Scheme was

denied to the employees who were not qualified by passing

prescribed examination. As such, petitioners and others who

are deprived of this benefit and retired during the period from

2003 and 2007, have approached this Court.

5. Heard.

6. This Court in the parallel bench, in batch of writ

petitions filed in W.P.No.11684/2008 and other connected

matters, after considering the objections filed by the

30

respondents, while allowing the said writ petitions in part on

29.03.2012, has ordered that petitioners and other similarly

placed employees are entitled for the benefit of Career

Advancement Scheme in terms of the Regulation dated

2.11.2007 and who have retired from the service between 2003

and 2007 and that petitioners are only entitled for notional

extension of benefit of Career Advancement Scheme. It was

also further directed to the respondents to calculate the pension

and extend the benefit, as stated above, within four months

from the date of receipt of the said order.

7. These petitions are also disposed of in terms of the

order passed in the above said writ petitions disposed of on

29.3.2012.

Sd/-

JUDGE

bkp

IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWADjudgmenthck.kar.nic.in/judgments/bitstream/123456789/... · · 2012-10-18in the high court of karnataka circuit bench at dharwad

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