Full Judgment
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF APRIL, 2024 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 33347 OF 2019 (S-RES) BETWEEN:
1. SRI SUNDERRAM
AGED ABOUT 69 YEARS, S/O S N SHAMRAO DIRECTOR HRD AND TRAINING CTI (RETIRED) KMF RESIDING AT NO.561/70 MAYAINDRA PRASHTA KANAKPURA MAIN ROAD, J P NAGAR 6TH PHASE, JARAGANAHALLI, BANGALORE-560078.
2. SRI SHIVAREDDY G N
AGED ABOUT 68 YEARS, S/O NARAYANAPPA DIRECTOR (STEP) (RETIRED) KMF RESIDING AT NO.41A. Digitally 3RD CROSS, A SECTOR, signed by KIRAN AMRITHA NAGAR, SAHAKARI NAGAR POST KUMAR R BANGALORE-560092. Location: HIGH COURT OF KARNATAKA 3. RUDRAIAH H M AGED ABOUT 69 YEARS, S/O H R MURIGAIAH JOINT DIRECTOR PURCHASE (RETIRED) KMF RESIDING AT NO.171/A, MUGIRU JAYRAM LAYOUT JIGANI ROAD, BANNERGHATA BANGALORE-560083.
4. SRI KUMARASWAMY T AGED ABOUT 67 YEARS, -2- S/O LATE T THOTADAPPA ADDL DIRECTOR (RETIRED) KMF RESIDING AT NO.3, AMRUTH, 5TH A CROSS 1ST MAIN ROAD OPP KABIR ASHRAM KENGERI SATELLITE TOWN BANGALORE-56000.
5. LAKSHMINARAYANA T M AGED ABOUT 70 YEARS, S/O MALEYAPPA ADDL DIRECTOR (RETIRED) KMF RESIDING ATN O.6/11A N S PALYA, BTM 2ND STAGE BANGALORE-560076.
6. GOVINDRAJU P AGED ABOUT 64 YEARS, S/O M PILLAPPA DEPUTY MANAGER (RETIRED) KMF RESIDING AT NO.444, 2ND BLOCK, 9TH PHASE, J P NAGAR, BANGALORE-560108.
7. A M SHIVAKUMAR AGED ABOUT 69 YEARS, S/O A R MURUGENDRA GOWDA DIRECTOR (RETIRED) KMF RESIDING AT NO.1241 "ESHWARI BEML 3RD STAGE, RAJA RAJESHWARI NAGAR, BANGALORE-560098.
8. CHUDAMANI K G AGED ABOUT 66 YEARS, W/O VENKATESH, STENOGRAPHER (RETIRED) KMF, NO.298, 8TH MAIN, 6TH CROSS, MICO LAYOUT, ARKERE, 1ST STAGE B G ROAD, BANGALORE-560076. -3-
9. JOTAWAR S C
AGED ABOUT 66 YEARS, S/O C D JOTAWAR ASST MANAGER (RETIRED) KMF NO.1625/1, PRAGATHI, 7TH BLOCK, VISHWESHWARAIAH LAYOUT, NEAR NIPS SCHOOL MUDDAIANPALAYA, BANGALORE-560091.
10. NARAYANA K AGED ABOUT 66 YEARS, S/O LATE KRISHNAPPA M JOINT DIRECTOR (RETIRED) KMF NO.854/C, 10TH MAIN, 3RD CROSS, 2ND STAGE INDIRANAGAR, BANGALORE-560038.
11. MEENAKSHISUNDRAM AGED ABOUT 67 YEARS, W/O R RAMASUBBU JOINT DIRECTOR OF FINANCE (RETIRED) KMF NO.1050, 27TH MAIN, 9TH BLOCK, JAYANAGAR, BANGALORE-560069.
12. SRI NARAYAN K AGED ABOUT 76 YEARS, S/O V N IYANGAR DIARY SUPERVISOR GRADE-I (RETIRED) KMF NIO.18/C, 8TH MAIN, HANUMANTHANAGAR BANGALORE-56009.
13. SRI D CHANRASHEKAR AGED ABOUT 66 YEARS, S/O LATE BYRAPPA D SENIOR DEPUTY DIRECTOR (RETIRED) KMF NO.32, SHARADA, 29TH CROSS, 7TH BLOCK JAYANAGAR, BANGALORE-560070.
14. SRI BALASUBRAMANYAM AGED ABOUT 73 YEARS, S/O LATE M NARAYANARAO -4- JOINT DIRECTOR (RETIRED) KMF NO.36, 34TH MAIN, BTM 2ND STAGE BANGALORE-560068.
15. SRI T K NARASIMAIAH AGED ABOUT 75 YEARS, S/O LATE KUMBAIAH ADDL DIRECTOR (RETIRED) KMF NO.9810, VAIKUNTA VIRUPAKSHAPURA, VIDYRANYAPUA POST BANGALORE-560097.
16. SRI B V MUNIRAJU AGED ABOUT 68 YEARS, S/O K VENKASHAMAPPA DIRECOTR (AH) (RETIRED) KMF NO.20, 5TH MAIN, SIDDIVINAYAKA LAYOUT BANGALORE-560097.
17. SRI DR G NAGARAJA AGED ABOUT 69 YEARS, S/O H GURURAJU ADDL DIRECTOR (RETIRED) KMF NO.14, 29TH A MAIN, 1ST STAGE BTM, BANGALORE-560068
18. SRI K HONNAPPA AGED ABOUT 69 YEARS, S/O KAREGOWDA TECHNICAL OFFICER (RETIRED) KMF NO.46, 7TH BLOCK, BSK 3RD STAGE, 3RD PHASE, 5TH BLOCK, BANGALORE-560085.
19. SRI L NARAYANA AGED ABOUT 65 YEARS, S/O LINGAPPA DRIVER (RETIRED) KMF BOMMASANDRA, JANATHA COLONY ANEKAL TALUK, BANGALORE RURAL DISTRICT-560099. -5-
20. SRI VENKATESH N AGED ABOUT 65 YEARS, S/O NANJAPPA SUPERINTENDENT (RETIRED) KMF NO.1328/12, SRI RAMA LAYOUT, 1ST CROSS, NURSING HOME ANEKAL, BANGALORE RURAL DISTRICT-562106.
21. SRI G J SATEESH AGED ABOUT 66 YEARS, S/O JAGADEESH,DY MANAGER (RETIRED) KMF NO.15/103, 10 MAIN, 15TH CROSS, MALLESHWARAM, BANGALORE-560065.
22. SRI NARASIMHAMURTHY N AGED ABOUT 67 YEARS, S/O NARASIMHEGOWDA MANAGER (RETIRED) KMF NO.11, 15TH CROSS, MAHALAKSHMIPURAM BANGALORE-560086.
23. SRI C M KEMPEGOWDA AGED ABOUT 66 YEARS, S/O MUNIYAPPA JOINT DIRECTOR (RETIRED) KMF NO.46, 2ND MAIN, 4TH CROSS, KANAKA LAYOUT, KADIRENHALLI BSK 2ND STAGE, BANGALORE-560070.
24. SRI H M GOUDAR AGED ABOUT 66 YEARS, S/O MALLANAGOUDA DY MANAGER (RETIRED) KMF NO.46, 2ND MAIN, 4TH CROSS KANAKA LAYOUT, KADIRENHALLI BSK 2ND STAGE, BANGALORE-560070.
25. G V MANJUNATHA IYER AGED ABOUT 67 YEARS, S/O VENKATARAMA IYER -6- DY DIRECTOR (RETIRED) KMF NO.70, 1ST MAIN, 2ND CROSS, CANARA BANK COLONY CHIKKALASANDRA, BANGALORE-560061.
26. SRI SHIVALINGAIAH AGED ABOUT 69 YEARS, S/O KEMPALINGAIAH ASST MANAGER (RETIRED) KMF NO.92/2, 4TH MAIN, 10TH CROSS, G R NAGAR, BANGALORE-560040.
27. SRI S NANJUNDASWAMY AGED ABOUT 69 YEARS, S/O SIDDEGOWDA EXTENSION OFFICER (RETIRED) KMF NO.2829, 19TH CROSS, 1ST FLOOR, 2ND STAGE, HEBBAL, MYSORE-570016.
28. SRI BISALADINNI M H
AGED ABOUT 69 YEARS, S/O HANUMANTHAPPA EXTENSION OFFICER (RETIRED) KMF NO.64, GROUND FLOOR, A SECTOR MUNESHWAR BLOCK SAHAKARNAGAR POST AMRUTHANAGAR, BANGALORE-560092.
29. SRI D L LAKSHMEGOWDA AGED ABOUT 70 YEARS, S/O DASEGOWDA SR CHEMIST (RETIRED) KMF NO.49, VENKATESHWARA LAYOUT 5TH A CROSS, 5TH MAIN, ABBIGERE BANGALORE-560090.
30. SRI K SHIVASHANKAREGOUDA AGED ABOUT 72 YEARS, S/O B K VENKATARAYAPPA ADM ASST GRADE-I (RETIRED) KMF BHAKTARAHALLI VILLAGE AND POST, SHIDLAGHATTA TALUK -7- CHIKKABALLAPURA DISRICT-562102.
31. SRI J CHALUVEGOWDA AGED ABOUT 67 YEARS, S/O JUNJEGOWDA MARKETING ASST II (RETIRED) KMF AGILE AT AND POST, HASSAN TALUK HASSAN DISTRICT.
32. SRI MUNINARAYANA AGED ABOUT 69 YEARS, S/O MUNIVENKATAPPA EXTENSION OFFICER II (RETIRED) KMF DOOR NO.1300 PWD 1ST CROSS, NRUPATUNGA ROAD HASSAN
33. SRI P MALLESH AGED ABOUT 70 YEARS, S/O P NARASHIMLU TECH ASST (RETIRED) KMF APPA AMMA NILAYA D NO.13000/1, PWD CROSS, HASSAN.
34. SRI N SHIVARAMU AGED ABOUT 68 YEARS, S/O NANJEGOWDA ADMN SUPERINTENDENT (RETIRED) KMF C/O RANGASWAMY LIG, 288, 22ND CROSS, KUVEMPUNAGAR HOUSING BOARD HASSAN.
35. SRI D KRISHNEGOWDA AGED ABOUT 67 YEARS, S/O DEVARAJEGOWDA ADMN GRADE I (RETIRED) KMF D.NO.535, BEHIND PNT Q7, SHANKARAPURAM EXTENTION, HASSAN -8-
36. SRI K B BASAVARAJU AGED ABOUT 64 YEARS, S/O BYRAPPA SECURITY GUARD (RETIRED) KMF C/O K B JAYASHREE OPP KIMCO, B M ROAD, HASSAN.
37. SRI A L RAMACHANDRA AGED ABOUT 65 YEARS, S/O LAKKEGOWDA HELPER (RETIRED) KMF AGILE VILLAGE POOST, HASSAN TALUK, HASSAN DISTRICT.
38. SRI PADMARAJU AGED ABOUT 65 YEARS, S/O PUTTEGOWDA DAIRY OPERATOR (RETIRED) KMF BHUVANAHALLY POST, HASSAN TALUK, HASSAN DISTRICT.
39. SRI H D PUTTASWAMY AGED ABOUT 67 YEARS, S/O DASEGOWDA PURCHASE OFFICER (RETIRED) KMF NO.210, LIG 26TH CROSS KUVEMPUNAGAR, HASSAN.
40. SRI H C ESHWARA PRAKASH AGED ABOUT 68 YEARS, S/O LATE H C CHANNABASAPPA DIRECTOR (RETIRED) KMF NO.16, GEETHANJALI ROAD TEMPLE ROAD, JAYALAKSHMIPURAM, MYSORE-570012.
41. SRI B G POOVAIAH AGED ABOUT 67 YEARS, S/O B M GANAPATHY DY MNAGER (RETIRED) KMF NO.4/1, G B PALAYA MAINR OAD NAZRABAD MOHALLA, MYSORE-57009. -9-
42. SRI V L KANTHARAJ AGED ABOUT 66 YEARS, S/O LAKSHMAIAHSHETTY DM (F) (RETIRED) KMF NO.37, 5TH CROSS, VIDYAPEETA ROAD KENGERI, BANGALORE-560060.
43. SRI B S NAGARAJU AGED ABOUT 73 YEARS, S/O S SUBRAMNYAIAH JOINT DIRECTOR (RETIRED) KMF NO.1276, 2ND CROSS, 2ND STAGE, SRIRAMAPURAM MYSORE-570034.
44. SRI J K MURTHY AGED ABOUT 67 YEARS, S/O B JEEVANNA RAO DY MANAGER (RETIRED) KMF NO.75, SHREEMATHA CHAMUNDI HILL ROAD, J C NAGAR, MYSORE-570011.
45. SRI S D MANMATHARAJ AGED ABOUT 64 YEARS, S/O S M DEVARAJ JOINT DIRECTOR (RETIRED) KMF NO.224, 3RD CROSS, 2ND STAGE, BRINDHAVAN EXTENSION MYSORE-570020.
46. SRI. K.C.ANNAPPA AGED ABOUT 71 YEARS S/O CHOWDAPPA PURCHASE OFFICER (RETIRED) KMF NO.02, D BLOCK, 2ND E MAIN, J.HL EXTENSION SHIMOGGA 577204.
47. SRI,. PARAMASHIVA S AGED ABOUT 65 YEARS - 10 - S/O DEVENDRAPPA DEPTUY MANAGER (RETIRED) KMF NO.4, SHIVA NILAYA, 1ST MAIN MAIN ROAD, DEVARAJ URS LAYOUT, SHIMOGGA 577204.
48. SRI. MAHESHWARALPPA N AGED ABOUT 68 YEARS S/O NINGAPPA DY. MANAGER (RETIRED) KMF BHAVIMANE GUNDAPPA SHED(MALLESHWAR) SHIVAMOGGA 577201.
49. G. SUNDRESH AGED ABOUT 62 YEARS S/O SIDDAPPAGOWDA DEPUTY MANAGER (RETIRED) KMF NO.218,A NPCL. 2MD STAGE. GOPALAGOWDA EXTENSION,SHIMOGGA 577204.
50. SRI. NAGENDRAPPA B AGED ABOUT 67 YEARS S/O BARANAPPA STORE OFFICER (RETIRED) KMF NO.MIG-248, 2ND STAGE KALLAHALLI, SHIMOGGA 577204.
51. SRI. MANJAPPA H.V AGED ABOUT 64 YEARS S/O VADAPPA ADMINISRATIVE OFFICER (RETIRED) KMF MIG 160, NANDANA BLOCK D, 2ND STAGE KALLAHALLI VINOBHA NAGAR SHIMOGA 577204.
52. SRI. CHIKKAPPA K AGED ABOUT 68 YEARS S/O DODDAPPA DEPUTY MANAGER - 11 - (PROC)(RETIRED) KMF GOWRAMBHA NILAYA 60 ROAD, 3RD CROSS, VINOBHANAGAR, SHIVAMOGGA 577204.
53. DR. B.S. GANGADHAR AGED ABOUT YEARS S/O SIDDAIAH MANAGING DIRECTRO (RETIRED) KMF, NO.65, 4TH CROSS, 36TH MAIN, 1ST STAGE, DOLLAR SCHEME BTM LAYOUT, BANGALORE 560068.
54. SRI. B. SHANKAR AGED ABOUT 67 YEARS S/O B. SANNAYYA JOINT DIRECTRO LEGAL (RETIRED) KMF NO.36, 36TH MAIN ROAD, BTM, 2ND STAGE, OPP: LANGLOLRY ALPPTS, BANGALORE 560068.
55. SRI S S HOSGOUDRU AGED ABOUT 67 YEARS S/O D LINGAPA GOUDRU DY. MANAGER (RETIRED) KMF NO.36, 34TH MAIN BTM 2ND STAGE BANGALORE-560068.
56. SRI ANJANAPPA Y N AGED ABOUT 69 YEARS S/O T NARAYANAPPA JOINT DIRECTOR (RETIRED)KMF NO.215/A, 8TH MAIN 6TH CROSS, G M PALYA NEW TIPPASANDRA POST BANGALORE-560075. - 12 -
57. SRI THIMMEGOWDA AGED ABOUT 65 YEARS S/O HONNEGOWDA SR. DEPUTY DIRECTOR (RETIRED)KMF NO.1927, 28TH CROSS 38TH MAIN, D GROUND LAY OUT SHRIGANDHAKAVAL BANGALORE-560091.
58. SRI CHAMARAJU AGED ABOUT 65 YEARS S/O M THIMMAIAH SR. DEPUTY DIRECTOR (RETIRED)KMF SHAKAMBHARINAGAR J R NAGAR, 1ST PHASE BANGALORE-560078
59. SRI SHADAKSHARI G R AGED ABOUT 70 YEARS S/O REVANNAIAH ACCOUNTS OFFICER (RETIRED) KMF NO.48, N S PALYA, 16TH MAIN 17TH A CROSS, BTM 2ND STAGE BANGALORE-560076.
60. SRI GOURGONDA AGED ABOUT 68 YEARS S/O B L GOURGONDA DEPUTY MANAGER (RETIRED) KMF SECTOR NO.09, SATYAMARG ANJENEYA NAGAR, BELGUM-560016.
61. SRI GOVARDHANA K AGED ABOUT 68 YEARS S/O SRINIVASCHARAYA DY.MANAGER (RETIRED) KMF NO.1797/B CTS, NO.6592 SECTOR NO.10, MM EXTENTION BELGUM-590017. - 13 -
62. VILAS M JANGALI AGED ABOUT 62 YEARS S/O MARUTHI MARKETING SUPERINTENDENT (RETIRED) KMF PLOT NO.210, KRISHNA RAMATHIRTHANAGAR BELGUM-590017.
63. SRI S S SIDENUR AGED ABOUT 67 YEARS S/O SHIVAPPA SIDENUR MANAGER(RETIRED) KMF NO.111 SECTOR NO.9 JAKATHI BUILDING BELGUM-590017.
64. SRI P S KHOT AGED ABOUT 68 YEARS S/O SHANTHAVEERAPPA DY.MANGER(RETIRED) KMF SECTOR NO.08, ANJENEYA NAGAR BELGUM-590017.
65. SRI C A NADAGOUDA AGED ABOUT 67 YEARS S/O AMEENAPPA DY.MANGER(RETIRED) KMF DOCTOR APPAJI NILAYA PLOT NO.2096, NEAR GANESH CIRCLE RAMATHIRATHA NAGAR BELGUM-590016.
66. SRI. SHEYAS KUMAR L N S/O. NAGAKUMAR, SR. DEPUTY DIRECTOR (ENGG) (RETIRED), KMF, NO. 486, 3RD MAIN, NAGENDRA BLOCK, BSK 3RD STAGE, BANGALORE 560050.
67. S K MAHADEV S/O. LATE. KEMPAIAH, DIRECTOR (RETIRED) KMF NO. 307, 1ST CROSS, - 14 - BHCS LAYOUT, SUBRAMANYAPURA MAIN ROAD, UTTARAHALLY, BANGALORE 560061.
68. SRI. V RAJESWARA S/IO. T VENKATASWAMY, JOINT DIRECTOR (RETIRED)KMF, NO. 57, 1ST FLOOR, 1ST-B-MAIN, 1ST BLOCK, JAKKASANDRA EXTENSION, KORAMANGALA, BANGALORE 560034.
69. SRI. H P RENUKASWAMY S/O. H R PUTTAPPA, ASST. MANAGER (RETIRED) KMF, SRIKRUPA, 6TH CROSS, SAMPIGE ROAD, C B LAYOUT, UPPARAHALLY, TUMKURU 5720102.
70. SRI. T S MALLANNA S/O. SIDOLAPPA, BOILER TECHNICAN(RETIRED) KMF, TUNKURU DIARY, MALLASANDRA, TUMAKURU TALUK, TUMKURU 5720102.
71. SRI. T. NANJUNDACHARI
S/O. THIMMACHARI, AA GRADE II (RETIRED) KMF, VENKATESHWARA KRUPA, 3RD CROSS, BACK SIDE OF JANATHA COLONY, SETTIHALLI MAIN ROAD, SAPTHAGIRI EXTENTION (EAST), TUMKURU 5720102.
72. SRI. MOHAMMAED KALANDAR S/O. SABJANSAB, DRIVER (RETIRED), KMF, SR NAGAR, AUDGODI, BANGALORE SOUTH, TUMKURU 560030.
73. B. TOTAPPA - 15 - S/O. LATE. SIDDAPPA, AA GRADE II (RETIRED), KMF, NO. 201, 12TH B MAIN, 75TH CROSS, 6TH BLOCK, RAJAJINAGAR, BANGALORE 5720102.
74. SRI. KEMPANNA S/O. HANUMANTHAPPA, EXTENSION OFFICER (RETIRED)KMF, LAKKASANDRA, BANGALORE 560030.
75. SRI B SADASHIVAIAH
S/O LATE BHADRAIAH SR CLERK-CUM COMPUTER OPERATOR (RETIRED) KMF NO.18, REVENASIDDESHWARA NILAYA 3RD CROSS, MUNESHWARA BLOCK PARVATHI NAGAR, LAGGERE BANGALORE-560068.
76. SRI B DEVARAJU S/O BADAPPA, FDC (RETIRED) KMF APPORVA NILAYA MATALADINNE MAIN ROAD KUMUTAIAH LAYOUT BANSHANKARI, 3RD STAGE SHANTHINAGAR, TUMKURU 560068.
77. SRI T R PRABHAKARA S/O T B RAMAIAH SUPERINTENDENT (RETIRED) KMF NO.39, 9TH CROSS 16TH MAIN, BTM, 1ST STAGE BANGALORE-560029.
78. SRI SHIVARAMAIAH A S/O ANAJINAPA EXTENSION OFFICER (RETIRED) KMF VISHWANATHAPURA POST DEVANHALLI TALUK - 16 - KUNDANA HOBALI BANGALORE RURAL DISTRICT BANGALORE 560068.
79. SRI K V JAGANNATHA RAO S/O K VENKATARAMAIAH DIRECTOR (RETIRED) KMF 183/A (34), 11TH CROSS, 3RD BLOCK, TYAGARAJANAGAR BANGALORE-560028.
80. SRI M SRINIVASAPPA S/O V MUNISWAMAPPA EXTENSION OFFICER (RETIRED) KMF CROSS ROAD, JAIN TEMPLE DEVANAHALLI, BANGALORE DISTRICT-560068.
81. SRI S K SHIVANNA, S/O KEMPAIAH EXTENSION OFFICER (RETIRED) KMF NO.78, SHARADA NILAYA 3RD A CROSS ROAD BHUVANESHWARI NAGAR T DASARAHALLI, BANGALORE-560057.
82. SRI MUNEGOWDA G S/O CHOKKAPPA A/C OFFICER (RETIRED) KMF NEW APMC YARD, 2ND STAGE M G ROAD, CHIKKABALLAPURA.
83. SRI CHANNAPPA S/O HAMPANNA AGED ABOUT 71 YEARS MOBIL VET ASST.(RETIRED) KMF KAMALAXMI NILAYA, C/O SATYANARAYANA RETIRED PRINCIPAL 14TH CROSS, S S PURAM TUMKURU-572102.
84. SRI K T KUCHELA S/O THAMMAIAH AGED ABOUT 66 YEARS - 17 - SECURITY GUARD(RETIRED) KMF NO.30, 20TH MAIN, J C NAGAR KURUBARA HATTI, BANGALORE-560086.
85. SRI N KRISHNAPPA S/O DODDANARAYANAPPA AGED ABOUT 65 EYARS A/C OFFICER(RETIRED) KMF NO.4/1, 3RD CROSS GANESH BLOCK, SULTHANPALYA DINNOR MAIN ROAD BANGALORE-560036.
86. SRI V G HEGDE S/O GANGADHARAHEGDE AGED ABOUT 66 YEARS DY.MANAGER(PRODUCTION)(RETIRED)KMF MIG-1/39, KHB COLONY, SIRGATE TUMAKURU-572106.
87. SRI C SWAMINATHAN
S/O CHINNAIAH NAIDU AGED ABOUT 71 YEARS TECH.OFFICER(DT) (RETIRED) KMF NO.170/3, RAILWAY QUARTERS OPP CANTONMENT RAILWAY STATION, VASANTHNAGAR BANGALORE-560066.
88. SRI NAGANARASAIAH S/O N LAKSHMINARASAIAH AGED ABOUT 69 YEARS ASST.MANAGER(RETIRED) KMF SOURABHA, B H ROAD, SSMC ROAD HEGGARE NEW EXTENTION HEGGERE, TUMAKURU.
89. DR LAKSHMANA REDDY S/O VENKATAREDDY AGED ABOUT 64 YEARS DIRECTOR(RETIRED) KMF - 18 - VIJAYA BANK, NARMADA COLONY DODDA BANASAVADI BANGALORE-560043.
90. DR N SAMPANGIREDDY S/O NARASIMHAREDDY AGED ABOUT 78 YEARS ADDL.DIRECTOR(RETIRED) KMF NO.427/12, 7TH A MAIN, 12TH A MAIN YELAHANKA NEW TOWN BANGALORE-560064.
91. DR S T THAYAPPA S/O THAMMANAPPA AGED ABOUT 73 YEARS DIRECTOR(RETIRED) KMF NO.197, 6TH A MAIN YELAHANKA NEW TOWN BANGALORE-560064.
92. SRI B P RANGANATH S/O LATE B PUTTASHAMANNA AGED ABOUT 66 YEARS DIRECTOR(RETIRED) KMF NO.59/1 GANAPPA NILAYA RAMA IYENGAR ROAD V V PURAM, BANGALORE-560004.
93. SRI JAYASHANKAR AGED ABOUT 65 YEARS, S/O PUTTALINGAPPA HELPER (RETIRED) KMF, D.NO.195, GONDHI BASAVANAHALLI VILLAGE, MADAPATNA POST, KUSHALNGAR, KODAGU DISTRICT 571234.
94. SRI LINAGARAJU S/O APPANAGOWDA, DIARY WORKER GRADE IV(RETIRED) KMF, HEGDEHALLI VILLAGE, KUDIGE POST, KODAGU DISTRICT 571232. - 19 -
95. SRI SANNAPPA AGED ABOUT 68 YEARS, S/O KALLAPPA, DIARY WORKER GRADE IV (RETIRED) KMF CHIKHATHUR, KUDUMAGALUR POST, KODAGUR DISTRICT 571232.
96. SRI N R RADHAKARISHNA S/O RAMA NAIR, DAIDRY OPERATOR II (RETIRED) KMF, D.LAKSHMANA LAYOUT, D.NO.54/1, GUMMANAKOLL VILLAGE, BEHIND GOVT. SCHOOL, KUSHALNAGAR, KODAGU DISTRICT 571234.
97. SMT M B BOJAMMA, W/O POOVAIAH B.P, DAIRY WORKER (RETIRED) KMF NO.34, KUDUMANGALURU VILLAGE, KODAGU 5L71232.
98. SRI N VIMALA BAI AGED ABOUT 66 YEARS, W/O PAUL SUDARSHAN, SR.DY.DIREICTOR (RETIRED) KMF, NO.713, SUVVI, 707, SCHEME, 1ST MAIN, MIG, 4TH PHASE, YELAHANKA NEW TOWN, BANGALORE.
99. SRI G K SOMASHEKARAIAH S/O G.S.KARASIDDAIAH, SUPERVISOR (RETIRED) NO.516, 1ST D CROSS, 3RD STAGE, 4TH BLCOK, BASAVESHWRANAGAR, BANGALORE-560076.
100. SMT M B POOVAMMA S/O LATE K.P.BELLIYAPPA TYPIST(RETIRED) KMF NO.120, NISARGA BADAVANE, KUDLURU, KUSHALNAGAR POST, SOMAVAR TALUK, KODAGU DISTRICT 5712334. - 20 -
101. DR P S CHANDRASHEKARAPPA AGED ABOUT 79 YEARS, S/O D.M.SHIVALIGNAPAP, DIRECTOR ENGINEERING AND PURCHASE (RETIRED) KMF, KADUR ROAD, PANCHAHALLY, CHIKKAMAGALURU DISTRICT 577182.
102. SMT K N VIDYAVATHI AGED ABOUT 65 YEARS, W/O S.M.NAGENDRA RAO, ADMN. OFFICER (RETIRED) KMF, NO.2, SRIVIDYA, 9TH CROSS, 16TH MAIN, BTM 1ST STAGE, BENGALURU-560029.
103. SURESH REDDY S S/O R.SIDDRAMAREDDY ACC OFFICER (RETIRED) KMF NO.186, CONFIDENT ARIES, S.MELLAHALI, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE RURAL DISTRICT.
104. SRI VAKEEL UR.RAMMAN S/O ABDUL GAFFOR SAHEB, DIRECTOR (RETIRED) KMF D.NO.121, DLF APARTMENTS, AKSHAYA NAGAR, NEAR HULIMAVU, BENGALURU-560068.
105. NGASHAMAIAH M G
AGED ABOUT 68 YEARS, S/O DODDAGUDDAIAH, SR.DY.DIRECTOR (RETIRED) KMF, NO.808, RANGANATHANIALAYA, 7TH MAIN, 3RD CROSS, 2ND STAGE, 2ND BLOCK, NAGARABHAVI, BANGALORE-560072.
106. SRI PARAMASHIVAIAH A H - 21 - S/O LATE HOSALLAIAH, M.I.S. OFFICER (RETIRED) KMF, 307, 6TH C CROSS, 3RD MAIN ROAD, OM.B.R.LAYOUT, BANSAVADI(BDA LAYOUT) BANGALORE-560043.
107. SRI KESARI KUMAR, S/O RAMASWAMY, TECHNICAL OFFICER (RETIRED) KMF, NO.45, GF-1, SHANMUKHA ELITE MOOKAMBIKE LAYOUT, HEMAVATHI WATER SUPPLY ROAD, UTTARAHALLI, BANGALORE-61.
108. SRI M G HEGDE AGED ABOUT 66 YEARS, S/O DEPUTY MANGER (RETIRED) KMF LAXMI VENKATES NILAYA, KAGGALAHALLI POST, HAROHALLI TALUK, RAMANGARA DISTRICT.
109. DR RAMESH M S S/O LATE DR.M.SUBBARAO, SR.DEPUTY DIRECTOR (RETIRED) KMF, NO.1156, FIRST FLOOR, FIRST STAGE, 43RD CROSS, KUMARASWAMY LAYOUT, BENGALURU-570078.
110. SRI M S NARSEGOWDA S/O SANJEEVEGOWEDA, MANAGER (P AND I) (RETIRED) KMF, NO.383/A, 1ST MAIN, SFS-407, 4TH PHASE, YELAHANKA NEW TOWN, BANGALORE-560064.
111. KRISHNAMURTHY AGED ABOUT 68 YEARS, S/O BACHAPPAL, DRISVER (RETIRED) KMF, NO.1, PRAKRUTHI LAYOUT, VERUPAKSHPURA, KODIGEHALLY, BENGALORE 560097.
112. C.S.NARAYANA - 22 - AGED ABOUT 60 YEARS, S/O SANNAIAH, SENIOR DRIVER (RETIRED) KMF NO.733, 4TH MAIN, NAGENDRA BLOCK, SRINAGAR, BANGALORE 560097.
113. R SHIVARAMA AGED ABOUT 69 YEARS, S/O RANAGAPPA SALESMAN(RETIRED) KMF NO.228/9 2ND CROSS, YERAGANAHALLI, KRISHNANAGAR, BANNURU ROAD, MYSORE 570001.
114. MYTHILI, AGED ABOUT 68 YEARS, W/O V.K GURURAJ, SENIOR TYPIST(RETIRED) KMF NO.61, 1ST FLOOR, 7TH A CROSS, 4TH B BLOCK, KORAMANGLA, BANGALORE 560097.
115. H.K GOWDE GOWDA
AGED ABOUT 60 YEARS, S/O LATE H.K KARIGOWDA, MARKETING SUPERVISOR,KMF R/A DOOR NO.37, HORANADU ANNAPURNESHWARI LAYOUT, NEAR SOLLAPURADAMMA TEMPLE, TIGALARA PALYA, PEENYA 2ND STAGE, BANGALORE 560058.
116. Y.N RANGASWAMY
AGED ABOUT 61 YEARS, S/O LATE NARAYANASHETTY, PURCHASE ASSISTANT GRADE-1, KMF C/O DOOR NO.37, HORANADU ANNAPURNESHWARI LAYOUT, NEAR SOLLAPURADAMMA TEMPLE, TIGALARA PALYA, PEENYA 2ND STAGE, BANGALORE 560058.
117. S K NINGANNA AGED ABOUT 62 YEARS, S/O LATE KARIYANNA CO-ORDINATER (PROTECTION), KMF R/A NO.312, 5TH MAIN, 2ND BLOCK, 3RD STAGE, - 23 - BASAVESHWARANAGAR, BANGALORE 560079. …PETITIONERS (BY SRI. S.B.MUKKANNAPPA., ADVOCATE) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF ANIMAL HUSBANDRY AND FISHERIES DEPARTMENT, REP BY PRINCIPAL SECRETARY, VIKASASOUDHA, DR.B.R.AMBEDAKAR VEEDHI, BANGALORE 560001.
2. THE MANAGING DIRECTOR
KARNATAKA MILK FEDERATION KMF COMPLEX. DR M.H.MARIGOWDA ROAD, BANGALORE 560029 …RESPONDENTS (BY SRI. VIKRAM HUILGOL, ADDITIONAL ADVOCATE GENERAL ALONG WITH SRI.MANJUNATH RAYAPPA, AGA FOR R-1; SRI.B.R.PRASHANTH, ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 29.5.2019 ISSIED BY THE R-1 VIDE ANNEXURE-V TO THE WRIT PETITION, ETC. THIS PETITION, COMING ON FOR FURTHER CONSIDERATION, THIS DAY, THE COURT MADE THE FOLLOWING: - 24 -
ORDER
1. This petition is filed challenging the order dated 29.05.2019, by which the Government has refused the claim of the petitioners for payment of pensionary benefits.
2. The following facts are not in dispute.
3. The petitioners were appointed by the Karnataka
Dairy Development Corporation (for brevity, “the KDDC”) and their appointment orders stipulated the condition that their services would be governed by the rules and service conditions that are applicable to the employees as may be prescribed from time to time by the Corporation.
4. It is also not in dispute that the Managing Director issued a Circular on 18.09.1976 in the following terms:
“Considering, the present situation, it is clarified that all the service rules that are applicable to the Government servants be followed in respect of employees appointed by the Corporation (both Technical and non technical employees) except Badli - 25 - temporary, unsilled, skill and casual labourers appointed on daily or monthly rated employees appointed, either by the corporation or by its Units/Unions. The Unit officers are requested to bring the contents of this Circular to the notice of the employees and officers who are recruited after the formation of the Corporation.”
5. As could be seen from the above, as per this General
Circular, it was clarified that all the service rules that were applicable to Government servants would apply in respect of employees appointed by the KDDC. The fact that the Circular was directed to be brought to the notice of the employees and officers who were recruited after the formation of KDDC also indicates that these were the rules made applicable to the employees appointed by the KDDC. In other words, by virtue of this Circular, all the service rules applicable for Government servants became applicable to the employees appointed by KDDC.
6. It is the contention of the employees that there was another Circular issued on 25.02.1977 by the Managing - 26 - Director which dealt with the conditions of employees of KDDC.
7. Paragraph 4 of the Circular dated 25.02.1977 reads as follows:
“4. In the circumstances and in as much as, pending formation of its own service rules, the KDDC have adopted the State rules to regulate the conditions of service of its employees, it is hereby directed that the rules and conditions which were applicable to the employees of the dairy Units referred to above at the time of transfer of these units to the KDCC in so far as they relate to the principles laid down in the matters of fixation of pay and allowances, leave, foreign service and medical attendance shall continue to be in force to govern their cases till the KDDC rules are framed and their option to such rules are finally obtained, not withstanding the service rules in force in the units where they are currently working.”
8. As could be seen from the said Circular, it was once
again reiterated by the KDDC that pending framing of its own service rules, the KDDC was adopting the regulation of the Government and it also made it clear that the rules - 27 - and conditions which were applicable to the dairy units at the time of transfer of those units to KMF would also be according to the principles laid down in the matters of fixation of pay and allowances, leave, etc., as prevalent in the service rules. Thus, it cannot therefore be in dispute that in respect of employees of the KDDC, the KDDC adopted all the rules applicable to the Government servants.
9. It is not in dispute that in the year 1982, the
Karnataka Co-operative Milk Producers’ Federation Limited (for brevity, “KMF”) was established and as a consequence, the KDDC stood merged with KMF or dissolved and the petitioners thereby became the employees of KMF.
10. It is also pertinent to state here that there was no
question of giving an option to the employees in the matter of adopting of service rules insofar as it related to their service conditions in the light of the above Circular. It appears that the KMF, however, continued to collect the - 28 - provident fund contribution from the employees and also contributed its own share of provident fund and, ultimately, at the time of their retirement, paid them the provident fund as per the Defined Contributory Provident Fund Scheme. It is, however, the case of the petitioner that since they had been treated as a Government servant and all the rules of Government were being applicable to them right from 1976, they could not have been denied pension and were required to be paid the pensionary benefits as was given to the Government servants.
11. In fact, in the representation given by the petitioners-employees, they also made a commitment in the following terms: “We, the KDDC employees also agree to surrender the PF amount received. Hence we may be also sanctioned pension.”
12. It was the specific case of the petitioners that on sanction of pension, they would unconditionally agree for surrender of provident fund. - 29 -
13. Learned Additional Advocate General sought to place
reliance on the judgment rendered by the Division Bench in W.P.No.8906/2021 c/w. W.P.No.8030/2020 disposed of on 22.02.2024 to contend that the claim of the petitioners would be untenable.
14. It has to be stated here that in W.P.No.8906/2021
c/w. W.P.No.8030/2020, the Division Bench was considering a situation where the petitioners therein had been appointed by the Karnataka Silk Industries Corporation and had opted to be governed by the KSIC Rules and had chosen not to be governed by the rules applicable to the Government servants. However, in this case, as noticed above, in respect of employees of the KDDC, all the rules applicable to Government servants were expressly made applicable by way of a Circular and, therefore, reliance placed on the decision referred to above would be of no avail.
15. In my view, having regard to the fact that the Circulars of the years 1976 and 1977 make it abundantly - 30 -
clear that all the service rules applicable to a Government servants were made applicable to the employees of the KDDC and the State could not have denied them the benefit of pension merely on the ground that they had contributed payment for creation of provident fund.
16. It may be pertinent to state here that in respect of
the case pertaining to the Government Dairy employees, the Government has permitted payment of pension vide Government Order dated 26.05.2015 to seven employees of the Government Diary on them surrendering the provident fund in the following terms:
“ಆದೇಶ ಸಂಖ್ಯೆ:ಪಸಂಮೀ 42 ಕಹಾಮ 2013 ಬೆ೦ಗಳೂರು, ದಿನಾ೦ಕ:26.05.2015 ಪ್ರಸ್ತಾವನೆಯಲ್ಲಿ ವಿವರಿಸಲಾದ ಅಂಶಗಳ ಹಿನ್ನೆಲೆಯಲ್ಲಿ, ಕೆಳಕಂಡ 7 6००06 ಸರ್ಕಾರಿ ಡೈರಿ ನೌಕರರುಗಳು ಬೆ೦ಗಳೂರು ಡೈರಿ/ಜಿಲ್ಲಾ ಸಹಕಾರಿ ಹಾಲು ಒಕ್ಕೂಟಗಳಲ್ಲಿ/ರ್ನಾಟಕ ಸಹಕಾರಿ ಹಾಲು ಮಹಾಮಂಡಳಿಯಲ್ಲಿ ಸಲ್ಲಿಸಿರುವ ಸೇವೆಯನ್ನು ಕರ್ನಾಟಕ ನಾಗರೀಕ ಸೇವಾ ನಿಯಮಾವಳಿಗಳ ನಿಯಮ-419 ರನ್ವಯ ಅವರು CHO ಬೆಂಗಳೂರು ಡೈರಿ/ಜಿಲ್ಲಾ ಸಹಕಾರಿ ಹಾಲು ಒಕ್ಕೂಟಗಳಲ್ಲಿ/ ಕರ್ನಾಟಕ ಸಹಕಾರಿ ಹಾಲು ಮಹಾಮಂಡಳಿಯಲ್ಲಿ
ನಿಯೋಜನೆ. ಮೇಲೆ ಸಲ್ಲಿಸಿದ ಸೇವೆ. ಎಂದು ಪರಿಗಣಿಸಿ ಅವರಿಗೆ A ನಿಯಮಾನುಸರ ನೀಡಬೇಕಾದ ಸರ್ಕಾರಿ Lowed ಸೌಲಭ್ಯಗಳನ್ನು ನೀಡಲು ಅವರುಗಳು ಕರ್ನಾಟಕ ಹಾಲು ಮಹಾ ಮಂಡಳಿಯು/ಬೆ೦ಗಳೂರು ಡೈರಿ/ಜಿಲ್ಲಾ
*Page [೫೦.30 retyped and replace vide Court Order
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PÀ£ÁðlPÀ gÁdå¥Á®gÀ DzÉñÁ£ÀĸÁgÀ ªÀÄvÀÄÛ CªÀgÀ ºÉ¸Àj£À°è ¸À»/- 26.05.2015 (r.J¸ï.¸ÀÄzÀ±Àð£ï PÀĪÀiÁgï) ¸ÀPÁðgÀzÀ C¢üãÀ PÁAiÀÄðzÀ²ð ¥À±ÀĸÀAUÉÆåÀ£É ªÀÄvÀÄÛ «ÄãÀÄUÁjPÉ E¯ÁSÉ (¥À±ÀĸÀAUÉÆåÀ£É)”
17. In the light of the fact that the KMF has already
provided for sanctioning of pension to employees who had earlier taken the benefit of provident fund, it would be necessary to direct the State Government to apply the same principles and pay the pension to the petitioners after deducting the provident fund and other benefits as - 34 - has been done in the case of seven other employees under the Government Order dated 26.05.2015.
18. Four months' time is granted to the State Government to comply with this order.
19. However, it is made clear that if the petitioners are
required to pay any further sums apart from the sums that they had already received as provident fund, in order to entitle them for pension, the same shall be paid by them after adjusting the provident fund that has already been paid against the arrears of pension.
20. Writ Petition is accordingly disposed of. Sd/- JUDGE PKS List No.: 2 Sl No.: 3