IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF AUGUST, 2019 :PRESENT:
THE HON’BLE MR. JUSTICE L.NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE R.DEVDAS WRIT PETITION NO.28590 OF 2019 (S-KSAT) BETWEEN SRI. S. K. LAKKAPPA S/O LATE KARIYAPPA, AGED ABOUT 64 YEARS, RETIRED DRIVER ‘C’ GROUP EMPLOYEE OFFICE OF THE VETERINARY HOSPITAL, KOPPA, CHIKKAMAGALURU DISTIRCT.
RESIDENT OF S. K. LAKKAPPA, C/O MANJANNA, RAILWAY DEPARTMENT, SHIVANE RAILWAY STATION, SHIVANE, TARIKERE TALUK, CHIKKAMAGALURU DISTRICT.
... PETITIONER (BY SRI. H. M. UMESH, ADVOCATE) AND 1. THE PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF ANIMAL HUSBANDARY & VETERINARY SERVICE, M.S.BUILDING, BENGALURU-560001.
2. THE DIRECTOR DEPARTMENT OF ANIMAL HUSBANDARY & VETERINARY SERVICE, V. V. TOWER, DR. AMBEDKAR VEEDHI, BENGALURU-560001.
3. THE DEPUTY DIRECTOR DEPARTMENT OF ANIMAL HUSBANDARY & VETERINARY SERVICE, CHIKKAMAGALURU-577546.
4. THE ASSISTANT DIRECTOR DEPARTMENT OF ANIMAL HUSBANDARY & VETERINARY SERVICE, KOPPA, CHIKKAMAGALURU DISTRICT-577598.
5. THE ACCOUNTANT GENERAL IN KARNATAKA (A &E) OPP. UDYOGA SOUDHA, PALACE ROAD, BENGALURU-560001.
(BY SMT. M. S. PRATHIMA, AGA) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 30.05.2018 PASSED BY THE HON'BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN APPLICATION NO.2656/2018 VIDE ANNXURE-B AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, NARAYANA SWAMY J, MADE THE FOLLOWING:
ORDER The prayer made by the petitioner/applicant in Application No.2656/2018, before the Karnataka State Administrative Tribunal at Bengaluru (hereinafter referred to as ‘the Tribunal’ for short) is for consideration of the representation dated 04.10.2017, for the purpose of refixing the pay-scale/salary and pension including all consequential benefits along with admissible interest till realization. The Tribunal rejected the said application on the ground of delay. Being aggrieved, the petitioner is before this Court.
2. Learned counsel for the petitioner submitted that case of the petitioner is for consideration of refixation of pay-scale/salary, and it has continuous cause of action. In order to substantiate his contentions, the learned counsel for the petitioner has relied upon a decision of the Hon’ble Supreme Court in the case of M. R. Gupta Vs. Union of India and others, reported in (1995) 5 SCC 628 and submitted that the reasons assigned by the Tribunal in rejecting the application is contrary to the judgment of the Hon’ble Supreme Court. Hence, prays to allow the writ petition.
3. Learned Additional Government Advocate appearing for the respondent authorities seeks to justify the order passed by the Tribunal and would submit that the Tribunal has rejected the application on the ground of limitation. Hence, further interference does not warrant by this Court. Accordingly, prays to dismiss the application.
4. We have heard the learned counsels for both the parties and perused the material on record.
5. The only prayer made in the writ petition is to consider the representation of the petitioner by the respondent authorities for refixation of pay-scale/ salary and pension and including consequential benefits. However, his case has been rejected by the Tribunal on the ground of limitation. As held by the Hon’ble Supreme Court in the case of M. R. Gupta (supra), it is to be held that case of pensionary and service benefits has continuous cause of action and it could not have been rejected on the ground of delay.
6. Be that as it may, the only prayer that is made by the petitioner is for consideration of the representation in accordance with law for fixation of pay-scale/ salary and pensionary benefits. When that is the case, the Tribunal ought to have considered the prayer made by the petitioner. Hence, we are inclined to interfere with the order and hold that the order passed by the Tribunal in rejecting the application made by the petitioner is bad in law. Therefore, the petition is allowed. The impugned order dated 30.05.2018, passed by the Tribunal is hereby quashed.
7. The respondent authorities are hereby directed to consider the representation made by the petitioner dated 04.10.2017, for the purpose of refixing the pay-scale/salary and pension including the consequential benefits and pass appropriate orders in accordance with law, as expeditiously as possible, and at any rate within a period of three months from the date of receipt of a certified copy of the order.
8. The petitioner is also directed to make one more representation along with a copy of the representation dated 04.10.2017, within a period of one week from the date of receipt of a certified copy of the order.
9. The petitioner is also further directed to make available relevant records to enable the respondent authorities to consider the representation and to pass appropriate orders in accordance with law.
SD/- JUDGE SD/- JUDGE DL