IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE R. DEVDAS WRIT PETITION No. 50239 OF 2018 (S-RES) Between:
Smt. H. S. Netravathi W/o late G. E. Jayanna, Aged about 59 years, Residing at Garaganduru at Post, Somwarpet Taluk, Kodagu District – 571 251.
... Petitioner (By Sri. Padmanabha R., Advocate) And:
1. The State of Karnataka Rep. by its Principal Secretary Department of Higher Education, Bengaluru – 560 001.
2. The Commissioner For Collegiate Education Sheshadri Road, Bengaluru – 560 001.
3. The Regional Joint Director Department of Collegiate Education Kalidasa Road, Bengaluru – 560 009.
4. The Accountant General in Karnataka (A & E) Park House, Bengaluru – 560 001.
5. The Principal Sri. Siddaganga First Grade College of Arts and Commerce, Nelamangala, Bengaluru Rural District – 562 123.
... Respondents (By Sri. Prathima M.S., AGA for R1 to R4) This Writ Petition is filed under Article 226 and 227 of the Constitution of India praying to quash the communication letter dated 24.06.2015 and another order dated 30.04.2015 both are issued by respondent No.4 vide Annexure-F and G.
This petition coming on for orders this day, the court made the following:
ORDER R. DEVDAS J., (ORAL):
Learned Additional Government Advocate is directed to take notice for all the respondents.
2. The petitioner is before this Court assailing the communication dated 24.06.2015 at Annexure –F and another order dated 30.04.2015 at Annexure –G to the writ petition. The petitioner is seeking a direction to the respondents to reckon and count the service rendered by the petitioner’s husband from the date of entry into service i.e., 22.06.1984 and provide the difference in the terminal benefits by taking into account the date of entry into service.
3. It is the contention of the petitioner that her husband was appointed as Physical Education Director on 22.06.1984 by the Management of Sri. Siddaganga Education Society (R), Siddagangamutt, Tumkur. Thereafter, the appointment of petitioner’s husband was admitted to Grant-in-Aid, as per the order dated 31.08.1995 with effect from 24.02.1995. The petitioner’s husband retired from service on 30.06.2014. The petitioner being aggrieved by the finalization of the revised pension claim, which is dated 24.06.2015 & 30.04.2015 is before this Court, assailing the same, since the revised pension is fixed reckoning the date of admission to salary grant and not date of entry into service.
4. Learned counsel for the petitioner submits that the very same question fell for consideration before this Court in several other writ petitions, including W.P. No.28122/2015, which was disposed of on 04.06.2018, where the decision of the Hon’ble Division Bench of this Court in W.A. No.2467/2015 and connected appeals, was also taken into consideration.
5. However, having taken note that the writ appeals are pending and in the said writ appeals an interim order dated 27.11.2015 has been passed wherein the Hon’ble Division Bench had ordered that insofar as the superannuated employees, the pensionary benefits be paid taking into consideration the date of their initial appointment. This Court had held that the same is necessary to be paid to the petitioner as well. However, it was further held that the ultimate result would depend on the consideration to be made by the Hon’ble Division Bench in the said writ appeals.
6. In that view of the matter, a direction is hereby issued to the respondents to settle, disburse and pay the pensionary benefits payable to the petitioner taking into account the date of entry into service of the petitioner’s husband as 22.06.1984. However, if any general order is made by the Hon’ble Division Bench in the said writ appeals, at that stage, appropriate application of the same be made to the case of the petitioner as well and if on the other hand, if any contentions to assail the same arise at that stage, for the petitioner, the same is also kept open.
The writ petition is disposed of accordingly.
Learned Additional Government Advocate is permitted to file her memo of appearance within a period of two weeks from today.
SD/- JUDGE BVK