IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF APRIL, 2019 BEFORE THE HON' BLE MR.JUSTICE R. DEVDAS WRIT PETITION NO.57882/2018(S-RES) BETWEEN SRI. K M MAHADEVASWAMY S/O LATE MADAPPA, AGED ABOUT 70 YEARS, RETIRED HEAD MASTER, SRI. VIVEKANANDA HIGH SCHOOL, K GOWDAGERE, MANDYA TALUK AND DISTRICT.
R/AT KEREGODU TOWN MANDYA TALUK.
(BY SRI PADMANABHA R, ADVOCATE) AND 1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION, BENGALURU-560 001.
2. THE COMMISSIONER FOR PUBLIC INSTRUCTIONS, NRUPATHUNGA ROAD, BENGALURU-560 001.
... PETITIONER 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS (SECONDARY EDUCATION) OFFICE AT COMMISSIONER FOR PUBLIC INSTRUCTIONS, NRUPATHUNGA RAOD, BENGALURU-560 001.
4. THE ACCOUNTANT GENERAL IN KARNATAKA (ENTITLEMENT AND ACCOUNTS) PARK HOUSE, BENGALURU-01 BENGALURU CITY-560 001.
5. THE DEPUTY DIRECTOR FOR PUBLIC INSTRUCTIONS, MANDYA DISTRICT, MANDYA 571401.
6. THE BLOCK EDUCATION OFFICER MANDYA NORTH RANGE, MANDYA TOWN 571401.
... RESPONDENTS (BY SMT M S PRATHIMA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE COMMUNICATION LETTER DATED 09.09.2005, OF THE R-4 VIDE ANNEXURE-M IS UNENFORCEABLE, VOID AB- INITIO AND LEGALLY UNSUSTAINABLE IN LAW AND CONSEQUENTLY SET ASIDE THE SAME AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R. DEVDAS J., (ORAL):
Learned Additional Government Advocate is directed to take notice for all the respondents.
2. The petitioner is before this Court assailing the communication dated 09.09.2005 at Annexure-M to the writ petition. The petitioner is seeking a direction to the respondents to reckon and count the service rendered by the petitioner from the date of entry into service i.e., 19.07.1976 and provide the difference in the terminal benefits by taking into account the date of entry into service.
3. It is the contention of the petitioner that he was appointed as Assistant Teacher on 19.07.1976 by the Management of Sri.Vivekananda Education Society (R), K Gowdagere, Mandya Taluk and District. Thereafter, the appointment of the petitioner was admitted to the Grant-in- Aid, as per the memo dated 04.11.1981. The petitioner retired from service on 31.08.2005. The petitioner being aggrieved by the finalization of the revised pension claim, which is dated 09.09.2005, is before this Court, assailing the same, since the revised pension is fixed reckoning the date of admission to salary grant and not date of entry into service.
4. Learned counsel for the petitioner submits that the very same question fell for consideration before this Court in several other writ petitions, including W.P.No.28122/2015, which was disposed of on 04.06.2018, where the decision of the Hon’ble Division Bench of this Court in W.A.No.2467/2015 and connected appeals, was also taken into consideration.
5. However, having taken not that the writ appeals are pending and in the said writ appeals an interim order dated 27.11.2015 has been passed wherein the Hon’ble Division Bench had ordered that insofar as the superannuated employees, the pensionary benefits be paid taking into consideration the date of their initial appointment. This Court had held that the same is necessary to be paid to the petitioner as well. However, it was further held that the ultimate result would depend on the consideration to be made by the Hon’ble Division Bench in the said writ appeals.
6. In that view of the matter, a direction is hereby issued to the respondents to settle, disburse and pay the pensionary benefits payable to the petitioner taking into account the date of entry into service of the petitioner as 19.07.1976. However, if any general order is made by the Hon’ble Division Bench in the said writ appeals, at that stage, appropriate application of the same be made to the case of the petitioner as well and if on the other hand, if any contentions to assail the same arise at that stage, for the petitioner, the same is also kept open.
The writ petition is disposed of accordingly.
Learned Additional Government Advocate is permitted to file her Memo of Appearance within a period of two weeks from today.
SD/- JUDGE DL