Karnataka High Court

WP/11500/2026 of DR. M. RAJESH Vs UNION OF INDIA THROUGH THE SECRETARY AND CHAIRMAN on 29 June 2026

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NC: 2026:KHC:32003-DB WP No. 11500 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 11500 OF 2026 (S-CAT) BETWEEN: DR. M. RAJESH S/O SHRI. B.G.

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29TH DAY OF JUNE, 2026

PRESENT

THE HON'BLE MR. JUSTICE S.G.PANDIT

AND

THE HON'BLE MR. JUSTICE RAJESH RAI K

WRIT PETITION NO. 11500 OF 2026 (S-CAT)

BETWEEN:

DR. M. RAJESH

S/O SHRI. B.G. MOHAN,

AGED ABOUT 53 YEARS,

R/O 193, 10TH CROSS,

WILLIAM TOWN,

BANGALORE – 560 046.

…PETITIONER

(BY SRI. TARSEM CHAND GUPTA.,ADVOCATE)

AND:

1.

UNION OF INDIA THROUGH THE SECRETARY

AND CHAIRMAN,

MINISTRY OF DEFENCE,

DEFENCE RESEARCH AND DEVELOPMENT

ORGANIZATION, (DRDO),

DRDO BHAWAN,

RAJAJI MARG,

NEW DELHI – 110 011.

2.

THE DIRECTOR,

MINISTRY OF DEFENCE RESEARCH

AND DEVELOPMENT ORGANIZATION,

DRDO BHAWAN,

RAJAJI MARG,

NEW DELHI – 110 011.

3.

THE DIRECTOR,

Digitally signed by

NANJUNDACHARI

Location: High

Court of Karnataka

HC-KAR

MINISTRY OF DEFENCE,

DEFENCE RESEARCH

AND DEVELOPMENT ORGANIZATION,

DR&DO, ARDE,

ARMAMENT POST,

PASHAN, PUNE – 411 021.

…RESPONDENTS

(BY SRI. S B TOTAD, CGC)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND

227 OF THE PRAYING TO IN VIEW OF THE FACTS AND

GROUNDS ENUMERATED ABOVE, IT IS MOST RESPECTFULLY

PRAYED THAT ORDER DATED 03.01.2025 IN OA No. 240/2021

AND ORDER DATED 09.03.2026 IN R.A. No. 1/2026 PASSED BY

THE CAT BENCH BANGALORE (Dr. M MAHESH VS MINISTRY OF

DEFENCE AND OTHERS) ANNEXURE-A AND B, RESPECTIVELY, MAY KINDLY BE QUASHED AND SET ASIDE AND ETC.,

THIS

PETITION,

COMING

ON

FOR

PRELIMINARY

HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.G.PANDIT

AND

HON'BLE MR. JUSTICE RAJESH RAI K

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ORAL ORDER

(PER: HON'BLE MR. JUSTICE S.G.PANDIT)

Petitioner is before this Court, questioning the order dated 03.01.2025 in O.A.No.170/00240/2021 passed by the Central Administrative Tribunal, Bangalore Bench, Bangalore (for short “CAT”) whereunder, petitioner’s

HC-KAR

prayer for mandamus to the respondents to consider his representations at Annexures-A6 to A13 was dismissed.

2. The petitioner was working as Scientist in the respondent-Defence Research and Development Organization (“DRDO” for short). He was imposed with penalty of compulsory retirement under Order 28.09.2020 and the challenge to the said compulsory retirement was rejected by the CAT by order dated 03.01.2025 in O.A.No.170/00240/2021.

3. The petitioner had approached the CAT in O.A.No.240/2021 seeking for a mandamus to the respondents to consider his representations at Annexures-A6 to A13.

4. We have perused the representations produced at Annexures-A6 to A13 and one of the representation at Annexure-A9 reads as follows:

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18th June 2019 From:

Dr.M.Rajesh Sc ‘D’ ARDE – Pashan Pune – 411021.

To:

The Director Directorate of Personnel Defence Research and Development Organization ‘A’ Block, DRDO Bhawan New Delhi – 110011.

Through Proper Chanel SUB: Permission to Assume Charge of Scientist ‘E’/Implementation of Assessment Board Result.

REF: Letter No.(1)DOP/05/53000/AB-2012/B-E dated 30 June 2012

(2) My Applications dated 06 May 2016, 27 Feb 2019 & 01 Apr 2019.

Respected Sir,

Reference is made to the letters cited above and numerous pleas to permit me to assume the charge of scientist ‘E’ and hence implement the assessment board result in accordance with the letter referred at 1 above.

2. More than THREE YEARS have elapsed since a formal request, but till date unfortunately, I have NOT received any response.

3. I once again most humbly request to implement the assessment board result and permit me to assume the charge of scientist ‘E’.

4. I also request to hear me in person.

Thanking you,

Yours Faithfully

(Dr.M.Rajesh)

HC-KAR

A reading of the representations indicate that the petitioner has sought for reporting to duty as Scientist retrospectively 2013. Even though the petitioner was promoted in the year 2013, he has not reported to duty, he remained absent unauthorizedly and he reported back only during 2016. Moreover, when the petitioner has been compulsorily retired and when he is no more in service, request of the petitioner would no more survive for consideration.

4. There is no merit in the writ petition. Accordingly, the writ petition stands rejected.

Sd/- (S.G.PANDIT) JUDGE

Sd/- (RAJESH RAI K) JUDGE

MPK CT:RK List No.: 1 Sl No.: 14

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