IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF OCTOBER 2019 BEFORE THE HON’BLE MR. JUSTICE B.VEERAPPA WRIT PETITION NO.3797/2015 (S-RES) BETWEEN:
SRI. NAGARAJA, S/O. SUKRA POJARI (LATE), AGED ABOUT 62 YEARS, RETIRED SENIOR MECHANIC, T.C.D., KARNATAKA POWER TRANSMISSION CORPORATION LTD., ANANDARAO CIRCLE, BANGALORE-560 009.
RESIDING AT NO.44, 6TH B-CROSS, CHOWDESHWARI NAGAR, LAGGERE, BANGALORE-560 058. ... PETITIONER (BY SRI. VIJAY KUMAR FOR SRI. B.B. BAJENTRI, ADVOCATES) AND:
1. THE MANAGING DIRECTOR, KARNATAKA POWER TRANSMISSIONS CORPORATION LTD., KAVERI BHAVAN, BANGALORE-560 009.
2. THE DIRECTOR (ADMN. & HRD), KARNATAKA POWER TRANSMISSIONS CORPORATION LTD., KAVERI BHAVAN, BANGALORE-560 009.
3. THE CHIEF ENGINEER (ELECTRICAL), KARNATAKA POWER TRANSMISSIONS CORPORATION LTD., TCD. SLDC, ANANDARAO CIRCLE, BANGALORE-560 009.
4. THE SUPERINTENDING ENGINEER, ELECTRICAL, TRANSMISSION (MAINTENANCE), BMAZ, KARNATAKA POWER TRANSMISSIONS CORPORATION LTD., ANANDARAO CIRCLE, BANGALORE-560 009.
5. SRI. B.BORAIAH, RETIRED SENIOR MECHANIC, SLDC, KARNATAKA POWER TRANSMISSIONS CORPORATION LTD., ANANDARAO CIRCLE, BANGALORE-560 009.
... RESPONDENTS (BY SRI. M. BADIGER, ADVOCATE FOR R1 TO R4;
R5 DELETED VIDE COURT ORDER DATED 11.02.2015 ) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE CLAIM OF THE PETITIONER FOR GRANTING ONE ADDITIONAL INCREMENT, RE-FIXATION OF PAY, RE-FIXATION OF PENSION AND ALL OTHER CONSEQUENTIAL BENEFITS CONSEQUENT ON HIS PROMOTION TO THE POST OF SENIOR MECHANIC FROM THE DATE OF HIS PROMOTION TO THE SAID POST I.E., 09.01.2006 IN TERMS OF THE REPRESENTATIONS DATED 07.09.2011 AND 17.12.2014 SUBMITTED BY THE PETITIONER, VIDE ANNEX-F & J RESPECTIVELY WITHIN THE TIME FRAME SPECIFIED BY THIS HON’BLE COURT.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner in the above writ petition sought for a writ of mandamus directing the respondents to consider the claim of the petitioner for grant of one additional increment, re-fixation of pay, re-fixation of pension and all other consequential benefits consequent on his promotion to the post of the Senior Mechanic from the date of his promotion to the said post with effect from 09.01.2016 in terms of the representations dated 07.09.2011 and 17.12.2014 as per Annexures ‘F’ and ‘J’.
2. It is the case of the petitioner that he was appointed as a helper on 16.11.1972 in KPTCL, subsequently, he was promoted as Attendant Grade-I and posted to the Telecommunication Department on 11.03.1976 and subsequently, he was promoted as Mechanic Grade-II by an order dated 08.12.1981. Thereafter, he was promoted to the post of Senior Mechanic on 09.01.2006 in the pay scale of Rs.4,550/- - 10,600/-.
3. It is the further case of the petitioner that on 13.08.1984, the KPTCL adopted the Government order dated 29.03.1983, which provides granting of one additional increment on promotions to the next higher post. On 06.02.2006, the petitioner was promoted as a Senior Mechanic and posted in the pay scale of Rs.4,550/- -10,600/-. On 27.09.2006, the KPTCL took a decision to grant benefit of higher pay scale consequent on revision to pay to the persons who have reached maximum elongation of time scales. On 12.09.2007, KPTCL was pleased to extend the benefit of higher pay scale on promotion in respect of persons who are already drawing the maximum of time scale of pay of next higher post i.e., promotional post, by virtue of elongation/ stagnation increments and promoted to next higher post. On 07.09.2011, the petitioner made representation to the respondent to step up his pay on par with his junior Sri.
B. Boraiah who granted one additional increment consequent on his promotion to the post of Senior Mechanic as that of the petitioner. The 3rd respondent by an official memorandum dated 15.06.2012, proceeded to re-fix the pay of the petitioner granting one additional increment consequent on his promotion to the post of Senior Mechanic with effect from 09.01.2006. Therefore, the petitioner made one more representation on 17.12.2014 for implementation of order dated 15.06.2012 passed by the 3rd respondent. In spite of representation, the respondents have not considered the representation and not passed any order. Therefore, the petitioner is before this Court. The respondents have not filed any objections.
4. I have heard the learned counsel for the parties to the lis.
5. Sri. Vijay Kumar for Sri. B.B. Bajentri, the learned counsel for the petitioner contended that in view of the absence on the part of the petitioner, the respondent has not considered the representations dated 07.09.2011 and 17.12.2014 to consider the refixation of pay, re-fixation of pension consequent upon his promotion to the senior Mechanic from the date of the junior granted the same was not granted by the authorities. Therefore, the non-action of the respondent cannot be sustained. He would further contend that it is not in dispute that he was promoted on 09.01.2006 and he is entitled for the benefit of one additional increment, re-fixation of pay and all other consequential benefits in terms of regularization and orders of the KPTCL dated 27.09.2006 and 12.09.2007. The same has not been considered. It is the specific case that if junior Sri. B. Boraiah who is similarly placed that of the petitioner was granted one additional increment and other benefits consequent upon his promotion to the post of Senior Mechanic, the same has not been extended to the petitioner, thereby the respondents discriminating between the petitioner’s junior which is in violation of Articles 14 and 21 of the Constitution of India. Therefore, he sought to allow the petition prayed for.
6. Per contra, the learned counsel appearing for respondents No.1 to 4 sought to justify the inaction of the respondents in not considering the representations.
7. Having heard the learned counsel appearing for the parties, it is the specific case of the petitioner that he was appointed as a helper in 1972 and subsequently, he reached a promotion as Senior Mechanic with effect from 09.01.2006 in the pay scale of Rs.4,550-10,600. It is the specific case of the petitioner that the KPTCL extended the benefit of promotion in respect of persons who already drawing the pay beyond the maximum time scale of pay of next higher post. The junior of the petitioner Sri. B. Boraiah who was also granted additional increment consequent to the promotion to the post that of the petitioner, even though the petitioner also promoted along with junior Sri. B. Boraiah. In spite of the representation made, the respondents have not considered the representations dated 07.09.2011 and 17.12.2014. In view of the aforesaid admitted facts, the petitioner has made out a prima facie case to issue writ of mandamus as prayed for.
8. In view of the aforesaid reasons, the writ petition is allowed. Writ of mandamus is issued to the respondents in specific Respondent No.3 to consider the representations dated 07.09.2011 and 17.12.2014 to consider the claim of the petitioner for grant of one additional increment, re-fixation of pay, re-fixation of pension with all consequential benefits consequent on his promotion to the post of the Senior Mechanic from the date of his promotion or from the date of juniors granted if any already, within a period of three months from the date of the receipt of the copy of this order.
Sd/- JUDGE snc ct-jlr