IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2019 BEFORE THE HON' BLE MR.JUSTICE R. DEVDAS WRIT PETITION NO.42731 OF 2018(S-RES) BETWEEN SRI N.R. BAMANALE S/O RATNAPPA, AGED ABOUT 62 YEARS RETIRED PRINCIPAL SRI GURU SIDDESHWARA PRE-UNIVERSITY COLLEGE, MADHABHAVI, ATHANI TALUK, BELGAUM DISTRICT, PRESENTLY RESIDING AT NO.23, RANGANATHA SWAMY NIALYA, 8TH MAIN ROAD, 4TH CROSS, BHUVANESHWARI NAGAR T.DASARAHALLI, BENGALURU-560057.
AND (BY SRI PADMANABHA R, ADVOCATE) ... PETITIONER 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF PRIMARY & SECONDARY EDUCATION, BENGALURU-560001.
2. THE DIRECTOR PRE-UNIVERSITY EDUCATION, 18TH CROSS, MALLESWARAM, BANGALORE 560012 3. THE DEPUTY DIRECTOR OF PRE-UNIVERSITY AND VOCATIONAL EDUCATION, BELGAUM DISTRICT, BELGAUM 590001 4. THE ACCOUNTANT GENERAL IN KARNATAKA (ENTITLEMENT & ACCOUNTS) PARK HOUSE, BENGALURU-560001.
BENGALURU CITY-560001.
(BY SMT. M.S.PRATHIMA, AGA FOR R1 TO R3) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMUNICATION LETTER DATED 18.7.2016 OF R-4 ADDRESSED TO R-3 VIDE ANNEX-K AND THE COMMUNICATION LETTER OF R-2 ADDRESSED TO THE PETITIONER DATED 9.10.2015 VIDE ANNEX-L AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R. DEVDAS J., (ORAL):
The petitioner is before this Court assailing the communication dated 18.07.2016 at Annexure-K to the writ petition. The petitioner is seeking a direction to the respondents to reckon and count the services rendered by the petitioner from the date of entry into services i.e., 08.07.1984 and provide the difference in the terminal benefits by taking into account the date of entry into services.
2. It is the contention of the petitioner that he was appointed as Lecturer on 08.07.1984 by the Management of Karnataka Area Committee of S.P.Mandal, Raibag, Belagavi District. Thereafter, the appointment of the petitioner was admitted to grant-in-aid as per the Government Order dated 22.07.1989. The petitioner retired from the services on 31.05.2016. The petitioner being aggrieved by the Revised Pension Scheme which is dated:18.07.2016 is before this Court assailing the same, since the revised pension is fixed reckoning the admission to salary grant and not date of entry into service.
3. 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.
4. However, having taken note 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.
5. 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 08.07.1984. 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.
KLY/ SD/- JUDGE