2024:KHC:13821

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NC: 2024:KHC:13821-DB
WP No. 12878 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU 
DATED THIS THE 3RD DAY OF APRIL, 2024 
PRESENT 
THE HON'BLE MR JUSTICE K.SOMASHEKAR 
 AND  
 THE HON'BLE MR JUSTICE RAJESH RAI K 
WRIT PETITION NO. 12878 OF 2023 (S-KSAT)
BETWEEN: 
 
SRI. SIDDARAJU, 
S/O. LATE DODDAMALAGIAH, 
AGED ABOUT 73 YEARS, 
RITIRED TASHILDHAR GRADE-1, 
RESIDING AT NO.496, 1ST 'A' MAIN, 
TALAKAVERI LAYOUT, 
AMRUTHAHALLI, 
BANGALORE - 560 092. 
…PETITIONER 
(BY SRI. RAMU, K.S AND  
      SRI. P.B.AJITH, ADVOCATES) 
AND:
1. 
THE STATE OF KARNATAKA, 
REPRESENTED BY ITS PRINCIPAL 
SECRETARY, 
REVENUE DEPARTMENT, 
M.S. BUILDING, BANGALORE- 560 001. 
2. 
THE PRINCIPAL ACCOUNTANT GENERAL (A & E) 
NO. 5329/269, ANNEXE BUILDING, 
BENGALURU - 560 001. 
…RESPONDENTS 
(BY SRI. PRADEEP, C.S, AAG ALONG WITH 
      SRI. VIKAS ROJIPURA, AGA) 
Digitally signed by
HARIKRISHNA V
Location: HIGH
COURT OF
KARNATAKA

 
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NC: 2024:KHC:13821-DB
WP No. 12878 of 2023
 
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) 
ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER PASSED 
IN APPLICATION No. 3988/2022, DATED 12/04/2023 IS 
PRODUCED HEREWITH AND MARKED AS ANNEXURE-A. 
 
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, 
RAJESH RAI.K, J., MADE THE FOLLOWING: 
ORDER
The petitioner, in this writ petition, challenged the legality 
and validity of the order passed in A.No.3988/2022 dated 
12.04.2023 by the Karnataka State Administrative Tribunal at 
Bengaluru, (for short 'the Tribunal'), wherein the Tribunal partly 
allowed the application filed by the petitioner and directed the 
respondents to settle the arrears of pay and allowance, pension 
and pensionary benefits with 8% interest from 19.04.2022 
within three months from the date of order of the Tribunal.  
However, rejected the claim of the petitioner in respect of pay 
and allowance for the post Tahsildar Grade-I since the 
petitioner did not served in the said post and retired on 
31.10.2010. 
2. 
The facts that are apposite for consideration as 
borne out from the pleadings are as follows:  

 
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NC: 2024:KHC:13821-DB
WP No. 12878 of 2023
The petitioner is a retired Tahsildar Grade-II and his 
junior 
one 
Krishnappa 
Hosamani 
was 
promoted 
(retrospectively) to the cadre of Tahsildar Grade-I on 
24.12.2007.  As, such the petitioner filed application before the 
Tribunal in A.No.134/2008 seeking extension of pay at par with 
the said Krishnappa Hosamani who was promoted as Grade-I 
Tahsildar on 27.12.2008. The Tribunal directed to consider the 
representation of the petitioner for promotion and to extend the 
consequential benefits. Thereafter, the petitioner submitted the 
representation and the respondent passed an order on 
02.06.2008 withdrawing the promotion given to the said 
Krishnappa Hosamani as Grade-I Tahsildar, however the pay 
scale of that post was continued. Subsequently, on 31.10.2010, 
as per the direction issued by the Tribunal the petitioner was 
promoted as Grade-II Tahsildar though the petitioner is eligible 
for promotion at par with the Krishnappa Hosamani who was 
the junior to the petitioner.  As such, the petitioner once again 
approached the Tribunal by filing Application No.87/2021 to 
consider and pass an order to extend the benefit of promotion. 
Though, the Tribunal directed the respondents to that effect, 
but the respondents failed to comply the order.  As such, the 

 
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NC: 2024:KHC:13821-DB
WP No. 12878 of 2023
petitioner filed contempt petition before the Tribunal in CTA 
No.1418/2021 and thereafter the respondents passed an order 
on 19.04.2022 giving promotion to the petitioner.  However, it 
was observed that the petitioner is not eligible for arrears.  
Thereafter, an amendment correction was issued for the said 
order changing the date to read as 24.12.2007 instead of 
24.07.2007. Again, on 08.07.2022, the respondent No.1 issued 
corrigendum in additio

…