IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 11TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE ASHOK S. KINAGI WRIT APPEAL NO.1175 OF 2012 (L-TER) BETWEEN:
1. THE DEPUTY CONSERVATOR OF FOREST SOCIAL FOREST DIVISION, ARANYA BHAVAN, ASHOKPURAM, MYSURU.
2. RANGE FOREST OFFICER SOCIAL FOREST RANGE, NANJANGUD.
3. THE SECRETARY TO GOVERNMENT FOREST DEPARTMENT, M.S. BUILDING, BENGALURU.
...APPELLANTS (BY SRI LAKSHMINARAYAN, ADDITIONAL GOVERNMENT ADVOCATE) AND:
SRI JAVARANAYAKA SON OF JAVARANAYAK NERALE, KOULANDE HOBLI, MYSURU.
…RESPONDENT (RESPONDENT IS SERVED AND UNREPRESENTED) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 15.04.2011 PASSED BY THE LEARNED SINGLE JUDGE OF THE HON’BLE HIGH COURT OF KARNATAKA, BENGALURU IN WRIT PETITION NO.18926 OF 2006 (L-TER) AND DISMISS THE SAID WRIT PETITION.
***** THIS WRIT APPEAL COMING ON FOR FINAL HEARING THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT Aggrieved by the order dated 15-4-2011, passed in writ petition No.18926 of 2006, petitioners 1 to 3 have filed this writ appeal. In terms of the said order, in place of reinstatement with full backwages, the petitioners were directed to pay compensation of Rs.1,00,000/- within a period of 12 weeks and on failure, to pay interest at 9% per annum, etc.
2. It is presently submitted by the learned Government Advocate that the said amount of Rs.1,00,000/- has been paid. However, he submits that the question of law raised herein is pending consideration before the Supreme Court in Special Leave Petition(C) No.897 of 2002. He submits that the matter is still pending consideration. Therefore, he pleads that if the State receives any relief in the hands of the Hon’ble Supreme Court they may be permitted to recover the said amount.
3. The said statement is placed on record. In view of the fact that a sum of Rs.1,00,000/- has already been paid, which is a paltry sum, we do not find it expedient to interfere with the well considered order of the learned Single Judge.
However, liberty is granted to the appellants to recover the said amount subject to the disposal of the aforesaid Special Leave Petition.
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