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Sri Sanganagouda B Biradar vs The State Of Karnataka And Others

High Court Of Karnataka|23 April, 2019
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JUDGMENT / ORDER

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE R. DEVDAS WRIT PETITION No. 45752 OF 2018 (S-RES) Between:
Sri.Sanganagouda B. Biradar S/o Basanagouda Biradar, Aged about 64 years, Retired Lecturer, J.J.Pre-University College, Wadawadagi, Basavana Bagewadi Taluk, Vijayapura District, Presently residing at No.35/A, 3rd Floor, Sridevi Krupa, 2nd Cross, Vijayanagara, Bengaluru – 560 040.
... Petitioner (By Sri.Padmanabha R., Advocate) And:
1. The State of Karnataka Rep. by its Principal Secretary, Department of Primary & Secondary Education, Bengaluru – 560 001.
2. The Director Pre-University Education, 18th Cross, Malleshwaram, Bengaluru – 560 012.
3. The Deputy Director of Pre-University and Vocational Education Vijayapura District, Vijayapura – 586 101.
4. The Accountant General In Karnataka (Entitlement & Accounts) Park House, Bengaluru– 560 001.
... Respondents (By Smt. Prathima M.S., AGA) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to declare that the communication letter dated 13.06.2014 Law, of the respondent No.4 vide Annexure-H is unenforceable, void ab-initio and legally unsustainable in law and consequently set aside the same and etc.
This petition coming on for orders 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 13.06.2014 at Annexure –H 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., 21.06.1979 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 lecturer on 21.06.1979 by the Management of Sangameshwara Education Society (R), Vijayapura. Thereafter, the appointment of the petitioner was admitted to the Grant-in-Aid, as per the order dated 01.04.1982 with effect from 01.04.1982. The petitioner retired from service on 31.05.2014. The petitioner being aggrieved by the finalization of the revised pension claim, which is dated 13.06.2014, 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 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.
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 21.06.1979. 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 BVK
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Title

Sri Sanganagouda B Biradar vs The State Of Karnataka And Others

Court

High Court Of Karnataka

JudgmentDate
23 April, 2019
Judges
  • R Devdas