IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE P. B. BAJANTHRI WRIT PETITION No.23742 OF 2011 (S-RES) BETWEEN:
Sri. C. Gopinathan, IA & AS Officer, S/o. late Raghavan Nair, Aged about 52 years, Presently R/at No.E-33, Ranka Corner Apartments, Cambride Layout, Ulsoor, Bengaluru -560 080.
Presently working as Director Finance, The Bengaluru Metro Rail Corporation Ltd., 3rd Floor, BMTC Complex, K.H. Road, Shanthi Nagar, Bengaluru -560 027.
…Petitioner (By Sri. M. Shivaprakash and Sri. B.R. Muralidhar, Advocate -Absent) AND:
1. The Secretary The Ministry of Urban Development, Government of India, Metro Cell (Chairman Bengaluru Metro Rail Corporation Ltd., Nirman Bhavan, New Delhi -110 011.
2. The Comptroller and Auditor General of India, Pocket-9, Deendayal Upadhyay Marg, New Delhi -110 124.
3. The Government of Karnataka, Urban Development Department, IV Floor, Vikasa Soudha, Bengaluru -560 001.
4. The Bengaluru Metro Rail Corporation Ltd., 3rd Floor, BMTC Complex, K.H. Road, Shanthi Nagar, Bengaluru -560 027.
Rep. By its Managing Director.
5. The Secretary, Government of India, Department of Personnel and Training, North Block, New Delhi -110 001.
(By Sri. N. Amaresh, CGC for R1, R2 and R5; Sri. M. Anand Kumar for R1 and R5;
Sri. Naganand S.S., Senior Advocate for R4; Sri. Sreedhar N. Hegde, HCGP for R3) …Respondents This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to call for the entire records from the office of respondent No.4 Bengaluru Metro Rail Corporation Ltd., in the matter of fixation of pay scale to the petitioner. To direct respondent No.4 to fix the pay scale of the petitioner as adopted by the petitioner at Annexure D dated 19.04.2010 in compliance with the Official Memorandum issued by the 1st respondent at Annexure –C1 and C2 with proportionate arrears payable to the petitioner from the date of joining of service.
This writ petition coming on for Preliminary Hearing this day, the court made the following:
ORDER In the instant petition respondent was given sufficient time for considering the representation on behalf of the petitioner. Petitioner has prayed for the following relief:
a. “Call for the entire records from the office of Respondent No.4 Bengaluru Metro Rail Corporation Ltd., in the matter of fixation of pay scale to the petitioner.
b. Issue Writ of Mandamus directing the Respondent No.4 Bengaluru Metro Rail Corporation Ltd., to fix the pay scale of the Petitioner as opted by the petitioner at Annexure –D dated 19.04.2010 in compliance with the Official Memorandum issued by the first respondent at Annexure –C1 and C2 with proportionate arrears payable to the Petitioner from the date of joining of service.
c. Such other relief or reliefs as this Hon’ble Court deems fit and proper in the circumstances of the case.”
2. The concerned respondent has not taken a decision on the petitioner’s representation wherein the grievance is with reference to the option vide Annexure – D dated 19.04.2010 read with Official Memorandum issued by the first respondent at Annexure –C1 and C2.
3. On the other hand, counsel for the respondents pointed out that petitioner is not entitled for the relief sought for in the present petition in view of para-4.1 of Office Memorandum dated 17.06.2010 of the Government of India, Ministry of Personnel Public Grievances & Pensions, Department of Personnel and Training. It is ultimately interpretation whether the petitioner is entitled or not.
4. In this regard, official/concerned respondent is directed to pass a speaking order whether the petitioner is entitled to fix the pay scale in terms of option vide Annexure –D dated 19.04.2010 or not? To that extent, speaking order shall be passed by the concerned respondent within a period of eight weeks from the date of receipt of this order. Such order shall be communicated to the petitioner.
In terms of the above direction, writ petition stands disposed of.
Sd/- JUDGE BVK