IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD BEFORE THE HON BLE MR JUSTICE HULUVADI G RAMESH

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1 1 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 03 RD DAY OF OCTOBER, 2012 BEFORE THE HON BLE MR JUSTICE HULUVADI G RAMESH WRIT PETITION NOS OF 2011(S-RES) C/W 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 SRI. RIYAKHATALI TTAR S/O SRI BABUSAB, AGE: 59 YEARS, R/AT HOUSE NO.22, 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 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 SRI KRISHNACHARAYA PUROHIT S/O SRI NARSIMHACHAR, AGE:60 YEARS, R/AT ARUNODAYA BUILDING, II MAIN ROAD, DESHPANDE NAGAR, HUBLI 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 SRI. BASAVARAJ HIREMATH S/O SRI BASAVENNAYYA, AGE:60 YEARS, R/AT ANAND NAGAR ROAD, INDRAPRASTHA NAGAR, KALADAGI BLDG, OLD HUBLI, HUBLI

3 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, 11 TH CROSS, DHARWAD. 14. SRI. RAMAPPA KOPPAD S/O SRI KOLLAPPA, AGE:59 YEARS, R/AT KALE LAYOUT, BENGERI EXTENSION,HUBLI SRI ABDULGANI MULLA S/O SRI IMAM HUSAIN, AGE:62 YEARS, R/AT PLOT NO.69 GOKUL DHAM, OLD HUBLI, HUBLI SMT BHARTI KULKARNI D/O SRI HANUMANT RAO, AGE: 61 YEARS, R/AT CHANDRANATH NAGAR, DHIRENDRA TEERTHA LAYOUT, VIJAYANAGAR, HUBLI 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 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 SRI.ANANT HUDDAR S/O SRI SHRINIVAS, AGE: 63 YEARS, R/AT C/O V.K.ALUR, NEW FORT, HUBLI SRI PARASHURAM NIRANJAN, S/O SRI RAMANATHSA, AGE: 61 YEARS,R/AT SHIRUR PARK, II PHASE, PLOT NO.58, VIDYANAGAR, HUBLI SRI RAMESH M.PADAKI S/O SRI MARTAND RAO, AGE: 62 YEARS,R/AT NO. WG 424, 12TH CROSS, NAVANAGAR, HUBLI 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 5 ROYAL PLUS APARTMENT, SHANTI COLONY, VIDYANAGAR,HUBLI 28. SRI ASHOK RAGATE S/O SRI KESHAV, AGE: 60 YEARS, R/AT NO.43, 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 AGE: 62 YEARS, R/AT HOUSE NO.5, ASHOK NAGAR, HUBLI 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 SRI P HARRY KANAKA RAJAN S/O Y.PUTTARAJAN, AGE: 63 YEARS, R/AT BRAHMAGIRI COLONY, EKTA NAGAR, HUBLI SRI KRISHNAJI GAD, S/O SRI RAGHAVENDRA, AGE: 60 YEARS, R/AT " HARI PREEYA " NEAR SAI MANDIR, NAVANAGAR, HUBLI

6 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 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 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 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 SRI SAMBHAJI KATAGAR S/O SRI HANUMANTHAPPA, AGE: 61 YEARS, R/AT KARJAGI ONI, OLD HUBLI,HUBLI SRI ASHOK KARAJAGAR, S/O SRI DATTATREYA, AGE: 59 YEARS, R/AT 78, SIDDARUDHA NAGAR, OLD HUBLI,HUBLI 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

8 8 50. SRI VEERANNA HUBLIKAR S/O SRI SHANTAPPA, AGE: 61 YEARS, R/A HOUSE NO.110, MANJUNATH NAGAR, VENKATESHWAR COLONY, GOKUL ROAD, HUBLI 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 SRI RANGAPPA KARUR S/O SRI YELLAPPA, 62 YEARS, R/A ADARSHNAGAR, PLOT NO.6, NEAR NEELAMMA TAI MATHA, GADAG.

9 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 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

10 SRI VENKATESH DESHPANDE S/O SRI GANGADHAR, AGE: 62 YEARS, R/AT PLOT NO.19, KAVERI NAGAR, II STAGE, BELGAUM 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 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, BASAVESHWAR NAGAR, HAVERI. 71. SRI SHIVBASAV SWAMI CHIKMATH, S/O SRI CHANAVEERASWAMI, AGE: 60 YEARS, R/A "B" BLOCK, 11TH CROSS,

11 11 BASAVESHWAR NAGAR, HAVERI. 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, BASAVESHWARANAGAR, HAVERI. 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 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, AGE: 59 YEARS, R/AT B BLOCK, 8TH CROSS, BASAVESHWARANAGAR, HAVERI. 83. SRI NARAYAN SAVADI S/O SRI LAXMAN, AGE: 60 YEARS, R/AT B BLOCK, 9TH CROSS, BASAVESHWARANAGAR, HAVERI. 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 13 GOKUL ROAD, HUBLI 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, AGE: 59 YEARS, R/AT NO.130, 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 SRI SHEKARAPPA HULLUR S/O SRI SHANKARAPPA, AGE: 61 YEARS, R/AT POST: KOTBAL SRI BASALINGANGOUDA PATIL S/O SRI SANGANGOUDA, 61 YEARS R/AT POST MARANBASARI, TQ: RON, 94. SRI SHANKRAPPA BALIGAR, S/O SRI ERAPPA, AGE: 60 YEARS, R/AT JAVALI PLOT, GAJENDRAGAD SRI VEERAPPA HAVALAPPANAVAR, S/O SRI NEELAPPA, AGE: 61 YEARS, R/AT NAVARANG, GAJENDRAGAD SRI TIRUKAPPA RAJUR S/O SRI SHIVALINGAPPA, AGE: 61 YEARS, R/AT JAVALI PLOT, NEAR BUS STAND, GAJENDRAGAD.

14 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 SRI DADAPEER MUNDASAD S/O SRI ANSARSAB, AGE: 61 YEARS, R/AT PLOT NO.138, BAFANA NAGAR, D.G.ROAD, OLD HUBLI, HUBLI SMT MANJULA JOSHI D/O SRI SURESH, AGE: 59 YEARS, R/AT H.NO.60,ASHOK NAGAR, REVANKAR BUILDING, HUBLI SRI SHANKAR NUCHI, S/O SRI MALLAPPA, AGE: 61 YEARS, R/AT BEHIND GANESH TEMPLE BELGAUM ROAD, DESAI PLOT, HALIYAL (N.K) SRI ASHOK GONDKAR S/O SRI CHANDRASHEKAR, AGE: 60 YEARS, R/AT MIG-515, NAVANAGAR, 15TH CROSS, HUBLI SRI RAJSHEKHAR GANGAVATI S/O SRI BASAVANEPPA,

15 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 SRI NARASIMHA MURTHY PANCHAMUKHI, S/O SRI HAYAVADANACHAR, AGE 62 YEARS, R/AT " YOGESHWARI" GODKHINDI COMPOUND, KABBUR ROAD, MALMADDI, DHARWAD SRI ELLAPPA JADAGOPPAD S/O SRI TULAJAPPA, AGE: 62 YEARS, R/AT RANADAMMA COLONY, 1 ST CROSS, NEKAR NAGAR, M G ROAD, OLD HUBLI, HUBLI SRI JANARDHAN DESHBHAG S/O SRI PAREMESHWAR, AGE: 63 YEARS, R/AT MAHISHI ROAD, BRINDAVAN LAYOUT, SRI PADMA BUILDING, MALMADDI, DHARWAD SRI MAHABALESHWAR KAVISHEETI S/O SRI SHIVALINGAPPA AGE: 63 YEARS, R/AT HOUSE NO.29, RAJAJINAGAR, DEVANGPETH ROAD, HUBLI SRI BASAVANTAPPA RAMAGERI S/O SRI CHANNAPPA,

16 16 AGE: 63 YEARS, R/AT HOUSE NO.10/B, 8TH CROSS, MAYUR NAGAR, OLD HUBLI, HUBLI SRI YAMANASA KATHRE S/O SRI GURUNATHSA, AGE: 60 YEARS, R/AT HOUSE NO.LIG-296, 11TH CROSS, NAVANAGAR, HUBLI SRI ANANT TEMBADMANI S/O SRI GUNDO, AGE: 56 YEARS, R/AT 4B, " CHITANYA " SATTUR COLONY, VIDYAGIRI, DHARWAD SRI SAMBAJI JADHAV S/O SRI SHIVAJI, AGE: 59 YEARS, R/AT SOMWARPETH, JAVALI ONI, KITTUR SRI CHINTAMANI KULKARNI S/O SRI SHRIPAD RAO, AGE: 61 YEARS, R/AT VINAYAK NAGAR, BAILHONGAL SRI SADANAND KINARI S/O SRI PARASHURAM, AGE: 61 YEARS, R/AT HOUSE NO.170, SOMWAR PETH, KITTUR SRI VITHAL JOSHI S/O SRI NARAYAN, AGE: 61 YEARS, R/AT 24, PRIYADARSHINI COLONY, 2ND CROSS, 2ND MAIN, GOKUL ROAD, HUBLI SRI AMANULLAKHAN PATHAN S/O NAWAZKHAN, AGE: 60 YEARS, R/AT HOUSE NO.C-51,

17 17 SHANTINIKETAN, BHAIRIDEVARKOPPA, HUBLI 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 SRI TALANTINE HORTA, S/O SRI THOMAS, AGE: 62 YEARS, R/AT NOORANI PLOT, VIDYUT NAGAR, BY-PASS ROAD, HUBLI SMT SUDHA BELURKAR W/O SRI GOVIND AGE: 61 YEARS, R/AT C/O PRASAD KARWARKAR MASJID ROAD, KARWAR SRI WILLIAM JONATHAN S/O SRI EDWARD, AGE: 60 YEARS, R/AT "ASHIRWAD", MASJID ROAD, KARWAR SRI MADAN HABBU S/O SRI GOPALKRISHNA, AGE: 59 YEARS, R/AT HABBUWADA, KARWAR SRI GAJANAN BHAGWAT S/O SRI RAMA AGE: 60 YEARS, R/AT : SIDDABHAVI POST, KUMTA SRI BABU MAHALE S/O SRI BHIKKU, AGE: 60 YEARS, R/AT LAXMI KRUPA, AT SIDDHANBHAVE POST, POST KUMTA SRI MOHAN DAS S/O SRI PADMANABHAYYA, AGE: 62 YEARS, R/AT KONARE,

18 18 POST MURUR, TQ: KUMTA SRI ASHOK VARAGIRI, S/O SRI MARTHANDRAO, AGE: 64 YEARS, R/AT 38/A, GANDHI NAGAR, 1ST CROSS, NEAR MARUTI TEMPLE, DHARWAD SRI RAMACHANDRA BARKER S/O SRI SATYAPPA, AGE: 59 YEARS, R/AT POST: HAITAPUR, TQ: MUDARGI, DIST: GADAG SMT LATA KUDATARKAR W/O SRI GOPAL YADAVE, AGE: 63 YEARS, R/AT HOUSE NO.48, SHIVANAND NAGAR, NAVANAGAR, HUBLI SRI VEERABHADRAYYA HONGALMATH S/O SRI SHIVAYYA, AGE: 61 YEARS, R/AT RAJATGIRI, 2ND CROSS, DHARWAD SRI SHANMUKHAPPA MALODE S/O SRI GANGAPPA, AGE: 61 YEARS, R/AT VIVEKANAND NAGAR, MASARI, GADAG SRI HANAMAPPA KALI, S/O SRI MALAKAPPA, AGE: 62 YEARS, R/AT DANESHWAR NAGAR, 3RD CROSS, VIDYAGIRI, DHARWAD SRI SHANUMUKHAPPA ARKACHARI S/O SRI MAHARUDRAPPA, 61 YEARS R/AT HOUSE NO.53, MANJUNATHA NAGAR, GOKUL ROAD, HUBLI

19 SRI LAXMAN KOSANDAR S/O SRI NARAYANSA, AGE: 61 YEARS, R/AT HOUSE NO.76/2, BAKALE GALLI, GANESH PETH, HUBLI 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 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 SRI H.V.RAMACHANDRA S/O SRI H V RAGHAVENDRA ACHAR, AGE: 63 YEARS, R/AT NEAR POLICE STATION, BEHIND J.C.SCHOOL, KAMALAPUR 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 SRI B. HANUMANTHAPPA S/O SRI BEEMAPPA, AGE: 61 YEARS, R/AT BEHIND WATER TANK, NEAR DEEPAYAN SCHOOL, NEHRU CO-OPERATIVE COLONY, HOSPET SRI N.RAMAPPA S/O SRI N.RANGAPPA, AGE: 59 YEARS, R/AT DOOR NO.1158

20 20 " MARUTHI KRUPA " 4TH WARD, L B BADAVANE, KITTUR 140. SRI K. GOPINATH RAO S/O SRI K.NILGIRI RAO, AGE: 60 YEARS, R/AT HOUSE NO.247, 1ST WARD, BUDDA CIRCLE, NEAR TOWN PANCHAYAT, KOTTUR SRI P.LINGAPPA S/O SRI P.RAMAIAH, AGE: 63 YEARS, R/AT HOUSE NO.247, 5TH WARD, KAMBAR STREET, KOTTUR 142. SRI M J JINADATHARAYA S/O SRI M J MALLAIAH, AGE: 59 YEARS, R/AT HOUSE NO.105, 5TH WARD, BANGAR STREET, HARAPANAHALLI SRI D.ESWARAPPA S/O SRI MUPPANNA, AGE: 62 YEARS, R/AT 5TH WARD, NEAR GOVT. HOSPITAL. MARIYAMMANAHALLI, HOSPET TALUK SRI THIPPESWAMY BHODA, S/O SRI B. CHANNAPPA, AGE 59 YEARS, R/AT 2ND CROSS, KALYANA NAGAR, KOPPAL SRI S. VITTAL RAO S/O S LAKSHMANA RAO, AGE 61 YEARS, R/AT BASAVESHWARA NAGAR, BEHIND SUB-JAIL. HUVINAHADAGALI. 1. SRI VITHALA BADAGI S/O SRI GOPAL... PETITIONERS IN W.P.NOS /2011

21 21 62 YEARS, R/A SECTOR NO.54, PLOT NO.9E, GAJANANA CIRCLE, NAVANAGAR, BAGALKOT 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 SRI IMAMA SAB TAGARJOGI S/O SRI JANGLISAB AGED ABOUT 62 YEARS R/A NO.311, SEC NO.48, NEAR LAND ARMY OFFICE

22 22 NAVANAGAR, BAGALKOT SRI DEMANNA NAIK S/O SRI BAVSING 63 YEARS, R/A NO.98, HUMPI NIVAS TEGGI LAYOUT, VIDYAGIRI BAGALKOT SRI GURUNATH MUJUMDAR S/O SRI GUNDE RAO AGED ABOUT 64 YEARS R/A VG ENCLAVE F2, DOCTOR LAYOUT SIMHA COLONY, CHIKKALLASANDRA BANGALORE SRI THIMMANAGOUD GOUDAR S/O SRI SANKANAGOUD 63 YEARS, R/A NO.120/B/169, "SIDDARAMESHWARA NILAYA" 24TH CROSS, ROOPLAND, VIDYAGIRI BAGALKOT 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 23 NEAR PM NADAGOUA HOUSE BAGALKOT SRI RAJARAM KAMATE S/O SRI RAMACHANDRA AGED ABOUT 61 YEARS R/A SECTOR NO.58 HOUSE NO.81, NAVANAGAR BAGALKOT 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 GOUSMOHIDDIN DHALAYATH S/O ABDULLA RAHAMAN, AGED ABOUT 61 YEARS R/A HULYAL LAYOUT NEAR ALIYAS NASZID BAGALKOT 01 (BY SRI V R DATAR, ADV) AND:..PETITIONERS IN W.P.NOS OF 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 THE DIRECTOR, (ADMN AND HRD), KARNATAKA POWER TRANSMISSION CORPDORATION LTD, CAUVEY BHAVAN, BANGALORE 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 issued by the 2 nd respondent (Annexure K) to the extent of giving effect to the said order from and also to the extent of enhancing the length of service required for the 2 nd promotion from 25 years to 27 years and for third promotion from 30 years to 32 years as per Clause 2 thereof.

25 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 2 nd respondent to the extent of giving effect to the order dated 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 issued by the 3 rd 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 from the original date i.e., from by quashing the impugned portion of the order dated 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 26 and also for payment of arrears of pay and pension from such date with 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 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 , the relevant portion of which reads as under:-

27 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 28 Scheme. This scheme was introduced in the year 1982 and continued till April The respondent-corporation has issued impugned notification dated 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 as per

29 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 and , 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 30 respondents, while allowing the said writ petitions in part on , has ordered that petitioners and other similarly placed employees are entitled for the benefit of Career Advancement Scheme in terms of the Regulation dated 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 bkp Sd/- JUDGE