IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.B. BAJANTHRI WRIT PETITION NO.23805/2014(S-R) BETWEEN:
LAKSHMAMMA W/O LATE NARASIMHAIAH AGED ABOUT 67 YEARS R/A KANCHAGHATTA NEAR SHISHUVIHAR TIPTUR TUMKUR DISTRICT.
(BY SRI. M.C. BASAVARAJU., 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 OFFICER ZILLA PANCHAYATH TUMKUR DISTRICT TUMKUR - 572 101.
... PETITIONER 4. THE EXECUTIVE OFFICER TALUK PANCHAYATH MINI VIDHANA SOUDHA TUMKUR - 572 101.
... RESPONDENTS (BY SRI. SRIDHAR N. HEGDE., HCGP FOR R-1 AND R-2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED:04.09.2013 ISSUED BY THE R-3 VIDE ANN-S.
THIS WP COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Matter called twice. None appears.
2. Perused the memo for disposal of writ petition. Petitioner has assailed the endorsement dated 04.09.2013 issued by the Chief Executive Office, Zilla Panchayat, Tumkur, to the extent that petitioner is not entitled to retire benefits/pension.
3. During the pendency of present petition the State Government has taken a policy decision and issued a notification on 03.03.2017 while extending benefit of pension to Zilla Panchayat employees from the date of regularization of their services. With reference to aforesaid notification this Court disposed of W.P.Nos.49313-315/2013 on 12.06.2018 (D.VATSALA AND OTHERS vs. THE SECRETARY AND OTHERS).
4. In view of the later development that State Government has issued a notification on 03.03.2017 extending benefit to Zilla Panchayath Employees read with the decision referred, the present petition is also disposed of in terms of aforesaid petitions. Annexure-S dated 04.09.2013 endorsement is set aside, respondents are hereby directed to examine the petitioner’s grievance with reference to pension benefits read in the order dated 12.06.2018 in W.P.Nos.49313-315/2013 within a period of eight (8) weeks from the date of receipt of copy of this order. In the event of petitioner being eligible for pension arrears and consequential mandatory benefits shall be released to the petitioner within a period of eight (8) weeks from the date of receipt of copy of this order.
Sd/- JUDGE DR