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.44227 OF 2018(S-RES) BETWEEN SRI SRIKANTI S/O LATE SIDDALINGAPPA, AGED ABOUT 60 YEARS, RETIRED ASSISTANT MASTER ST.ANTHONYS HIGH SCHOOL T.C.PALYA BENGALURU-560 036 R/AT NO.77,NAGA NILAYAM 1ST FLOOR, BETWEEN 5TH & 6TH CROSS, 4TH MAIN,CHAMARAJAPET, BENGALURU-560 018 (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 COMMISSIONER FOR PUBLIC INSTRUCTIONS NRUPATHUNGA ROAD, BENGALURU-560 001 3. THE DIRECTOR FOR PUBLIC INSTRUCTIONS (SECONDARY EDUCATION) OFFICE AT COMMISSIONER FOR ... PETITIONER PUBLIC INSTRUCTIONS NRUPATHUNGA ROAD, BENGALURU-560 001 4. THE ACCOUNTANT GENERAL IN KARNATAKA (ENTITLEMENT & ACCOUNTS) PARK HOUSE,BENGALURU-560 001 BENGALURU CITY-560 001 5. THE DEPUTY DIRECTOR FOR PUBLIC INSTRUCTIONS BENGALURU SOUTH DISTRICT KALASIPALYA, BENGALURU-560 002 ... RESPONDENTS (BY SMT M S PRATHIMA, AGA FOR R1 TO R3 & R5 R4 SERVED ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMUNICATION LETTER DATED 04.02.2015 OF THE 4TH RESPODENT VIDE ANNEXURE-J AND ETC.
THIS WRIT 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 04.02.2015 at Annexure-J 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., 01.07.1982 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 Assistant Teacher on 01.07.1982 by the Management of Arched Diocese Board of Education (Regd.) Bengaluru. Thereafter, the appointment of the petitioner was admitted to grant-in-aid as per the Government Order dated 24.03.1987. The petitioner retired from the services on 30.10.2014. The petitioner being aggrieved by the Revised Pension Scheme which is dated 04.02.2015 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 01.07.1982. 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.
6. Learned Additional Government Advocate is permitted for file her memo of appearance within a period of two weeks from today.
KLY/ SD/- JUDGE