IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE R.DEVDAS REVIEW PETITION NO.471/2016 BETWEEN:
1. State of Karnataka, By its Principal Secretary to Government, Government of Karnataka, Multistoreyed building, Bengaluru-560001.
2. The Director, Pre-University Education, 18th Cross, Malleshwaram, Bengaluru-560003. ……Petitioners (By Sri. Sridhar N Hegde-HCGP for petitioner) AND 1. S.Ningaiah S/o late Shambaiah, Aged about 61 years, R/o No.2, ‘Shambu Nidhi’, Siddanahundi Village, Vyasarajapura Post, T.Narasipura Taluk, Mysuru district.
2. Gajendragada, Vidyavardhaka Sangha, Gajendragada, Ron Taluk, Gadag District, By its Secretary.
3. The Principal, S.M.Bhooma Reddy, Pre-University College, Gajendragada, Ron Taluk, Gadag District. …..Respondents (By Sri. H.J.Ananda Adv., for R1;
By Sri. Rathna N Shivayogimath and Shivayogesha Shivayoginath Adv., for R2 and R3) This Review Petition is filed under Order 47 Rule 1 of CPC, to review the order dated 22.06.2016 passed in W.P.No.47230/2014(S-R) on the file of the Hon’ble High Court of Karnataka, Bengaluru.
This petition coming on for ‘admission’, this day, the Court made the following:-
ORDER R.DEVDAS J.,(ORAL):
The State Government and the Director of Pre- University Education have filed this review petition seeking review of the order dated 22.06.2016 whereby this writ petition was disposed of directing the State Government, Director of Pre-University and the Institution to pay interest at 6% per annum on the delayed payment of the amount as expeditiously as possible and at any rate, within the period of four months from the date of receipt of copy of this order.
2. The ground on which the review petition is filed is that this Court did not look into the Government Order dated 21.08.2003 which was issued subsequent to the Government Order dated 13.09.1994, which according to the review petitioner, was upheld by the Karnataka Administrative Tribunal in the case of B.G.Bhaskar Vs. State of Karnataka in application No.1833/1993. It is also contended that this Court did not notice that the review petitioner had actually paid the pension to the writ petitioner until commutation of the balance was ordered and therefore, it is contended that the writ petitioner was not entitled for interest on the amount.
3. Learned counsel for the writ petitioner brings to the notice of this Court a decision of a Division Bench in W.P.No.5542/2003 which was disposed of on 07.09.2010 wherein the Division Bench considered the Government Order dated 13.09.1994 and 14.09.2004 and it was observed that the Government Order dated 14.09.2004 provides that when there is delay in the payment of terminal benefits including the DCRG, pension, leave encashment and commuted value of pension, if there is delay in payment of the amount above six months and upto one year interest at the rate of 7% per annum is payable and if there is delay of more than one year interest at the rate of 10% per annum is payable. The decision of the Karnataka Administrative Tribunal in the case of B.G.Bhaskar was also noticed and thereafter, the Division Bench has held that if the commuted value of the pension had been paid within the stipulated time as provided in the Government Order, the retired government official would have invested the said money and earned interest whereas if the same was not paid in time, the government servants are entitled for interest on the commuted value of the pension also.
4. Therefore, in the light of the decision of the Division Bench and there being an admitted position that there was delay in payment of the DCRG and commuted value of the pension, the decision dated 22.06.2016 does not require to be reviewed.
Accordingly, petition stands dismissed.
JS/-
SD/- JUDGE