IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE B. VEERAPPA WRIT PETITION NO.57427 OF 2013 (S-RES) BETWEEN:
K.V.Sreenivasan, S/o Late K.N.Venkatasubbaiah, Aged about 76 years, R/at No.10, ‘L’ 5th Street, Ashok Nagar, Bengaluru – 560 003.
(By Sri.K.B.Narayana Swamy, Advocate) AND 1. The Regional Director, Food Corporation of India, Zonal Office (South), No.2, Haddows Road, Chennai – 600 006.
2. The General Manager (KTK), Food Corporation of India, Regional Office, No.10, East End Road, Jayanagar, T IV Block, Bengaluru – 560 041.
(By Sri.S.Vinay Gowda, Advocate for Sri.S.Srinivasa Murthy, Advocate) ... Petitioner ... Respondents This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the respondents to fix his pay in the grade of Assistant Manager (Accounts) as on 28.12.1979 work out the consequential monetary benefits like arrears of pay etc and to pay him the same forthwith and etc.
This Writ Petition coming on for Preliminary Hearing in ‘B’ Group, this day, the Court made the following:
ORDER The petitioner in the above Writ Petition sought for direction; a) To fix his pay in the grade of Assistant Manger (Accounts) as on 28.12.1979, work out the consequential monetary benefits like arrears of pay etc and to pay him the same forthwith; b) To grant him further promotions due to him on account of his being promoted to the Assistant Manager (Accounts) w.e.f. 28.12.1979 and pay the consequential arrears arising out of refixation of pay, in the promoted grades; c) To pay interest at rate of 21% on the arrears payable to him from 28.12.1979.
2. Sri.S.Vinay Gowda, learned counsel for S.Srinivasa Murthy, learned counsel for respondents filed objections. Along with the statement of objections, he has produced the order passed by this Court made in C.C.C.No.542/1991 dated 23.08.1991 as per Annexture-R.2, wherein the Division Bench of this Court observed that the remaining amount of Rs.679.25 mentioned in the order dated 09.08.1991 has been paid by Mr.U.L.Narayana Rao, learned counsel for the respondent, by means of a cheque. That was accepted by Mr.Subba Rao, learned counsel for the complainant without prejudice to the other rights to claim the correctness of the amount on ascertainment. This Court granted time to the respondent-Food Corporation of India to accord promotion as ordered till 30th September, 1991. The Annexure-R3 issued by the Zonal Manger, Food Corporation of India dated 27.09.1991 accorded promotion to the petitioner and as per Annexure-R5, probation period of petitioner is terminated and the petitioner is reverted as Assistant Grade I (Accounts) with immediate effect as per Regulation 15(3) of FCI (Staff) Regulations, 1971 and he shall continue to work in Tamilnadu Region under the control of the District Manager, FCI, Tuticorin. The respondents have complied the orders passed by this Court.
3. Learned counsel for the petitioner Sri.K.B.Narayana Swamy has not disputed the statement along with Annexures R.1 and R.3 and fairly submits that in view of the subsequent developments and objection filed along with Annexures, the prayer does not survive for consideration.
4. The said submission is placed on record.
5. Accordingly, the Writ Petition is dismissed as the same become infructuous.
Sd/- JUDGE NBM