IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 35784 OF 2024 (S-RES)

BETWEEN:

SRI YALLAPPA KURABAR S/O ULAVAPPA KURABAR WORKING AS SECOND DIVISION ASSISTANT CITY CIVIL COURT BENGALRUU R/AT NO.172, SAI KRUPA, 3^RD CROSS NIRANTHARA LAYOUT SATHANUR VILLAGE BANGALORE ROAD, Digita lly signed by KATTIGENHALLI POST SUNITHA K S BENGALRURU - 560063 Location:

HIGH COURT …PETITIONER OF KARNATAKA (BY SRI. AVIN TIPPANNA HANAMAPPA., ADVOCATE)

AND:

1. THE PRINCIPAL CITY CIVIL AND SESSIONS JUDGE CITY CIVIL COURT BENGALURU - 560 009

2. THE REGISTRAR CITY CIVIL COURT BENGALURU - 560 009

3. THE REGISTRAR GENERAL HIGH CORUT OF KARNATAKA BENGLAURU - 560 001 …RESPONDENTS (BY SRI. DESHPANDE AMIT ANAND., ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASH THE IMPUGNED INTIMATION BEARING NO. ADM- 1(A)/455/2024 DATED 28/05/2024 ISSUED BY R2 ON THE ORDER OF R1 (ANN-F) AND B) DIRECT THE RESPONDENTS TO FIX THE PAY OF THE PETITIONER AS PER NOTIONAL LAST DRAWN PAY OF THE PETITIONER (ANN-B) IN VIEW OF IMPLEMENTATION OF 7^TH CENTRAL PAY COMMISSION WITH EFFECT FROM 01/01/2016 AND ALL GRANT OTHER CONSEQUENTIAL BENEFITS INCLUDING MONETARY BENEFITS AS PER RULE 41-C OF THE KARNATAKA CIVIL SERVICE RULES, 1957 BY PAYING THE SAME TO THE PETITIONER WITHIN A REASONABLE TIME.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

ORAL ORDER

The petitioner filed this writ petition seeking for the following reliefs:

“a) To issue a writ in the nature of certiorari quashing the impugned intimation bearing No. ADM- I(A)/455/2024 dated 28.05.2024 issued by Respondent No. 2 on the order of Respondent No. 1 (Annexure-F) and b) To Issue a writ in the nature of mandamus directing the Respondents to fix the pay of the Petitioner as per notional last drawn pay of the Petitioner (Annexure-B) in view of implementation of 7th Central Pay Commission with effect from 01.01.2016 and all grant other consequential benefits including monetary benefits as per Rule 41-C of the Karnataka Civil Service Rules, 1957, by paying the same to the Petitioner within a reasonable time and c) To pass such other orders or directions as this Hon'ble Court deems fit and proper in the interest of justice and equity.”

2. Brief facts leading rise to the filing of this petition are as follows:

2.1. The petitioner was discharged from Military Service as Havildar from Parachute Regiment, Bengaluru on 31.01.2009 after having completed 20 years of unblemished service with his last drawn pay being Rs.13,620/-. The petitioner was re-employed in view of his selection as a Second Division Assistant ('SDA' for short) by Karnataka Public Service Commission and posted to work at City Civil Court, Bengaluru by respondent No.1 in the pay scale of Rs.11,660/- to Rs.21,000/-. On 01.01.2016, 7^th Central Pay Commission (‘7^th CPC’ for short) was implemented and the last drawn pay of the petitioner was notionally fixed in total at Rs.35,500/-. The pay of the colleagues of the petitioner by name Sri. Raghavendra Yadavad was re-fixed as per the revised last drawn pay in view of Rule 41-C of the Karnataka Civil Service Rules ('KCSR' for short), and also of Sri. B.S.Mohan, his salary was re-fixed as per the revised last drawn pay in view of Rule 41-C of the KCSR. The benefits extended to the said Sri. Raghavendra and Sri.

Mohan were not extended to the petitioner. Thus, the petitioner submitted a representation seeking to fix his pay-scale as per his notional last drawn pay in view of Rule 41-C of the KCSR. Respondent No.2 issued an endorsement: "Put up after disposal of WP No.23526/2022" is the reason for delay in fixation of pay under revised 7^th CPC, as sought in the petitioner’s representation. The petitioner, aggrieved by the said endorsement dated 28.05.2024 vide Annexure-F, filed this writ