IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 23RD DAY OF OCTOBER 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE ASHOK S. KINAGI WRIT APPEAL NO.2451 OF 2012 (S-RES) BETWEEN:
S. MURTHY SON OF B SIDDEGOWDA AGED ABOUT 48 YEARS WORKING AS CLERK, CANARA BANK, VIVEKNANDANAGAR BRANCH, MYSURU AND RESIDING AT 831/K, 4TH MAIN, 27TH CROSS, VIDYARANAYAPUARA MYSURU-560 008.
…..APPELLANT (BY SRI. M NAGA PRASANNA, SR. COUNSEL FOR M/s. P S RAJAGOPAL ASSOCIATES) AND:
1. THE GENERAL MANAGER CANARA BANK, CIRCLE OFFICE, BENGALURU RURAL SPENCERS TOWERS NO.86, M.G.ROAD BENGALURU-560 001.
2. MANAGER CANARA BANK VIVEKANANDANAGAR BRANCH MYSURU-560 008.
3. MEMBER SECRETARY DISTRICT SOCIAL WELFARE OFFICER AND DISTRICT SC/ST CASTE VERIFICATION COMMITTEE MYSURU DISTRICT MYSURU-560 008.
…..RESPONDENTS (BY SRI. T P MUTHANNA, ADVOCATE FOR R-1) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION 12015 OF 2008 DATED 28.03.2012 THIS WRIT APPEAL COMING ON FOR HEARING THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT Aggrieved by the order passed by the learned Single Judge in Writ Petition No.12015 of 2008 dated 28.03.2012, quashing the order of termination and remanding the matter to the Special Committee constituted by the Government of Karnataka and without granting an order of reinstatement, the writ petitioner has filed this appeal.
2. Sri. M. Naga Prasanna, learned Senior Counsel appearing for the appellant’s counsel, contends that the order of learned Single Judge is erroneous. That, once an order of termination has been quashed, necessarily a consequential relief requires to be granted. He requires to be reinstated with backwages, etc. He also placed reliance on the order passed by the very same Single Judge dated 03.04.2012, which involved identical questions of fact. In considering the facts therein, the order of termination was quashed and the Bank was directed to reinstate the petitioner into service, forthwith, without backwages, but with continuity of service and consequential benefits. Incidentally, the respondent-Bank is the very Bank, as in the earlier writ petition also.
Therefore, he pleads that the same relief be granted to him also.
3. The learned counsel for the respondent submits that there is no error committed by the learned Single Judge which does not call for any interference and that the matter requires to be considered by the Special Committee constituted by the Government of Karnataka with regard to the genuineness of the caste of the petitioner.
4. On hearing learned counsels, we are of the considered view that appropriate relief is called for.
5. It is needless to state that once an order of termination has been quashed, consequential orders require to be passed. In the given facts and circumstances of the case, we do not find it appropriate to grant the relief of payment of backwages, for the present. The right of the appellant to seek payment of backwages, would necessarily be dealt with, by an appropriate forum, subsequent to the orders to be passed by the Caste Verification Committee. Therefore, we do not find it appropriate to grant the said relief. It is suffice to hold that, pending consideration of the proceedings before the Special Committee, the appellant requires to be reinstated. That such a reinstatement will be subject to further orders to be passed by the Government of Karnataka with regard to determination of the caste of the appellant.
6. For the aforesaid reasons, the appeal is partly allowed. While upholding the order of the learned Single Judge, it is further directed that the respondent reinstates the appellant back into service, without back wages but with continuity of service and consequential benefits, within a period of four weeks from the date of receipt of a certified copy of this order. The reinstatement, etc., will be subject to the orders to be passed by the State with regard to the genuineness of the caste of the petitioner and subsequent proceedings thereto. The appellants are entitled to seek backwages and other reliefs, from the appropriate forum, thereafter. Appeal is disposed off accordingly.
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JUDGE JUDGE RD