IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR W.P.NO.17419/2014 (S-R) BETWEEN M NARAYANAMMA W/O G.VEERASENA REDDY, AGED ABOUT 62 YEARS, R/A NO.14, 2ND FLOOR, 1ST CROSS, 1ST MAIN, BEHIND TALAKAVERI LAYOUT, AMBRUTHA HALLI, BANGALORE-560092.
(BY SRI M C BASAVARAJU, ADV.) AND 1. THE SECRETARY DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATHRAJ, M.S.BUILDING, DR.AMBEDKAR VEEDHI, BANGALORE-560001.
2. THE ACCOUNTANT GENERAL OFFICE OF THE ACCOUNTANT GENERAL (A & E) KARNATAKA NEAR M.S.BUILDING, BANGALORE-560001.
3. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH, BANGALORE RURAL DISTRICT, ... PETITIONER KEMPAGOWDA ROAD, BANGALORE-560009.
... RESPONDENTS (BY SRI T.S.MAHANTHESH, AGA FOR R1 & R2, SRI R.SHARATH CHANDRA, ADV. FOR R3.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 AND R-3 TO PAY THE PENSION TO THE PETITIONER AS HAS BEEN PAID TO THE SIMILARLY SITUATED EMPLOYEES AS PER INTIMATION OF PENSIONARY BENEFITS DTD.31.10.2008 VIDE ANNEX-G, INTIMATION OF PENSIONARY BENEFITS DTD.26.7.2007-31.7.2007 VIDE ANNEX-H AND INTIMATION OF PENSIONARY BENEFITS DTD.5.5.2008 ANNEX-J TO THE W.P. AND PAY THE SAME WITH ARREARS FROM THE DATE OF RETIREMENT TILL THE DATE OF PAYMENT BY CONSIDERING THE REPRESENTATION DTD.11.1.2013 VIDE ANNEX-F TO THE W.P THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER 1. Heard the learned Counsel for the petitioner and the learned AGA for respondents 1 & 2.
2. It is submitted by the learned AGA that the instant writ petition could be disposed off in terms of the observations and liberty granted by this Court in paragraph 4 of the order passed in W.P.No.7613/2014 disposed off on 31.05.2019. The submission is placed on record.
3. This Court while disposing off the aforesaid writ petition has been pleased to observe in paragraph 4 as follows:
“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 orders issued from time to time including Annexure- ‘D’ called the Karnataka Civil Service Rules (second amendment Rules 2016), 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.”
4. In view of the above, the instant writ petition also stands disposed off reserving similar liberty to the petitioner herein and in similar terms.
Sd/- JUDGE KK CT-HR