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 WRIT PETITION NO.17934/2014 (S-RES) BETWEEN:
L.MAHADEVAMMA W/O B.SIDDARAMAIAH AGED ABOUT 64 YEARS, R/A EACHANUR AT & POST TIPTUR TALUK, TUMKUR DISTRICT. ... PETITIONER (BY SRI M.C.BASAVAVARAJU, ADVOCATE) AND:
1. THE SECRETARY DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATHRAJ M.S.BUILDING DR.AMBEDKAR VEEDHI BANGALORE-560 001.
2. THE ACCOUNTANT GENERAL, OFFICE OF THE ACCOUNTANT GENERAL(A & E) KARNATAKA NEAR M.S.BUILDING BANGALORE-560 001.
3. THE CHIEF EXECUTIVE OFFICE ZILLA PANCHAYATH TUMKUR DISTRICT TUMKUR-572 101.
4. THE EXECUTIVE OFFICER TALUK PANCHAYATH TIPTUR TUMKUR DISTRICT-572 101.
…RESPONDENTS (BY SRI SRIDHAR N HEGDE, HCGP FOR R1 AND R2, SRI A.NAGARAJAPPA, ADVOCATE FOR R3 AND R4) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 AND 3 TO PAY THE PENSION TO THE PETITIONER AS HAS BEEN PAID TO THE SIMILARLY SITUATED EMPLOYEES AS PER INTIMATION OF PENSIONARY BENEFITS DATED 31.10.2008 VIDE ANNEXURE-G. INTIMATION OF PENSIONARY BENEFITS DT.26.7.2007- 31/7/2007 VIDE ANNX-H & INTIMATION OF PENSIONARY BENEFITS BEARING DATED 05.05.2008 ANNEXURE-J TO THE W.P. AND PAY THE SAME WITH ARREARS FROM THE DATE OF RETIREMENT TILL THE DATE OF PAYMENT BY CONSIDERING THE REPRESENTATIONS DATED 13.10.2010 AND 25.11.2010 VIDE ANNEXURE-D AND E TO THE WRIT PETITION UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition is filed seeking for a writ of mandamus directing respondent Nos.2 and 3 to pay the pension to the petitioner as has been paid to the similarly situated employees as per Annexures-G, H and J and also to pay arrears of pension 3from the date of retirement till the date of payment by considering the representations dated 13.10.2010 and 25.11.2010 vide Annexures-D and E.
2. During the pendency of the present petition, State Government has issued special rules called the Karnataka Panchayat Raj Engineering Services (Absorption of the Staff erstwhile DRDS and TDB and Zilla Parishads Employees) (Special) Rules 2016 notified on 03.03.2017, by which certain benefits have been extended. Rule 4 reads as under:-
“4. Leave, Seniority, pay and pension of the person absorbed – 1. The services rendered in the erstwhile DRDS, TDB and Zilla Parishads, by the persons absorbed under these rules shall, notwithstanding anything contained in any other rules, count for the purpose of pay, pension, leave and seniority subject to remittance of pension contribution to the Government as per KCSRs.
2. The pay of the person absorbed under these rules shall be fixed at the appropriate stage in the scale of pay of corresponding post in which he / she is absorbed.
3. No posts shall be created for absorption of these staffs.”
3. On perusal of the aforesaid rules and submission of the learned counsel for the petitioner, it is seen that the petitioner has been extended the benefit of pension. It is submitted that the petitioner has not been extended certain benefits during the interregnum from the date of initial appointment till the date of regularization for the purpose of service benefits including pension.
4. Having regard to the fact that petitioner has been extended pension benefits from the date of regularization till retirement, now question arise for consideration as to whether the petitioner is entitled to count the service from the date of initial appointment to the date of regularization or not? In this regard, petitioner is permitted to make necessary application / representation to the Competent Authority within a period of four weeks from the date of receipt of a copy of this order. Thereafter, respondent is hereby directed to examine the Rules and a speaking order shall be passed and the same shall be communicated to the petitioner within a period of eight weeks from the date of receipt of petitioner’s representation.
With the above observation, the petition stands disposed of.
Sd/- JUDGE VMB