IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF MAY, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI W.P. NO.16954 OF 2018 (S-KSRTC) BETWEEN:
C.N.JAGADEESHACHARI S/O. NANJAPPACHAR AGE 55 YEARS C/O.SURESH, 2ND MAIN, 7TH CROSS, SUBRAMANYA TEMPLE HEMAVATHI NAGAR HASSAN-573 201 … PETITIONER (BY SRI.SHEKAR L., ADV.) AND:
THE DIVISIONAL CONTROLLER K.S.R.T.C., CHIKMAGALUR DIVISION CHIKMAGALUR-575 201 ... RESPONDENT (BY SMT.H.R.RENUKA, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT CORPORATION TO CONSIDER THE REPRESENTATION DATED:02.08.2017 AS PER ANNEXURE-B AND ETC.
THIS PETITION IS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In the instant writ petition, petitioner has sought for a direction to the respondent to consider the representation dated 02.08.2017 vide Annexure ‘B’, which is stated to be pending consideration.
2. Even though petitioner’s grievance is highly belated in respect of restoration of increment pursuant to penalty order dated 05.08.1991, it is the duty of the official respondent to restore the increment with reference to penalty order dated 05.08.1991. Delay would not be a hurdle for restoring the increment in view of the decision of the Hon’ble Supreme Court in the case of M.R.GUPTA vs UNION OF INDIA reported in 1995 SCC (5) 628. Therefore, concerned respondent is hereby directed to pass suitable speaking order on the petitioner’s representation dated 02.08.2017 read with penalty order, within a period of 8 weeks from the date of receipt of this order.
With the above observations, petition stands disposed of.
Sd/- JUDGE Brn