IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT APPEAL NO.3964 OF 2019 (S-R) BETWEEN:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA BENGALURU.
2. THE STATE OF KARNATAKA DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS REPRESENTED BY ITS PRINCIPAL SECRETARY VIDHANA SOUDHA BENGALURU.
3. THE PRINCIPAL ACCOUNTANT GENERAL (A& E) POST BOX NO.5329 PARK HOUSE ROAD BENGALURU-01.
(BY SHRI. J. THARANATH POOJARY, AGA) AND:
1. DR. B.S. KRISHNA PRASAD S/O LATE. SIDDAPPA AGED ABOUT 61 YEARS R/O 100/1B, 17TH MAIN ROAD 3RD STAGE, YARAGANAHALLI NEW LAYOUT, MYSURU-570 029.
... APPELLANTS 2. KARNATAKA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY UDYOGA SOUDHA BENGALURU-01.
... RESPONDENTS (SHRI.M.S.BHAGWAT, ADVOCATE FOR R1) ---
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THIS WRIT APPEAL AND SET ASIDE THE IMPUGNED ORDER PASSED BY THE LEARNED SINGLE JUDGE ON 01.02.2019 IN WP.NO.48644/2015(S-R) AND ALLOW THIS WRIT PETITION FILED BY THE RESPONDENTS.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT Heard the learned Additional Government Advocate appearing for the appellants and Sri M.S.Bhagwat, learned counsel appearing for the first respondent.
2. By this appeal, an exception has been taken by the appellant – State Government to the order dated 1st February 2019 passed by the learned Single Judge. The first respondent filed a writ petition praying for commutation value of the pension along with 18% interest and also 18% interest for the delayed payment of arrears of pensionary benefit of Rs.16,96,322/-. The learned Single Judge allowed the petition.
3. In view of the judgment and order dated 20th June 2019 passed by a Division Bench of this Court in Writ Appeal No.3272/2016 and the judgment and order dated 13th August 2019 passed in Writ Appeal No.3350/2016, the issue is squarely covered and accordingly, there is no merit in the appeal and the same is dismissed.
Sd/- CHIEF JUSTICE Sd/- JUDGE AHB