Division Bench allowed writ appeals filed by retired BESCOM employees, holding them entitled to revised pensionary benefits, following a previous Division Bench order regarding employees who retired between 2003-2005.
Writ appeals allowed; petitioners entitled to revised pensionary benefits as per Government Order dated 6th June 2007.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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WA Nos.15402-409/11
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 22ND DAY OF NOVEMBER 2012
PRESENT
THE HON'BLE MR. JUSTICE N.KUMAR
AND
THE HON'BLE MR. JUSTICE V.SURI APPA RAO
WRIT APPEAL Nos.15402-15409 OF 2011(S)
BETWEEN :
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WA Nos.15402-409/11
RETIRED JUNIOR ASISTANT, O/O THE ASSISTANT EXECUTIVE ENGINEER(ELEC), BESCOM, O & M SUB-DIVISION, MAGADI, RAMANAGARA DISTRICT, & R/AT NO. 49/702/640 KEMPEGOWDANAGARA MAIN ROAD RAMANAGARA DISTRICT.
4 SRI. T. G. NAGARAJ, S/O LATE T.R. GANGADHARA SASTRY, AGED 61 YEARS, RETIRED ACCOUNTS OFFICER, O/O THE SUPERINTENDING ENGINEER(ELEC), BESCOM, RLPP, CRESCENT TOWERS, CRESCENT ROAD, BANGALORE, & R/AT NO. 2 (OLD NO.50), 1ST MAIN, MARUTHI EXTENSION BANGALORE – 560 021.
5 SRI. RAHAMATH ULLA KHAN, S/O LATE HAMEED KHAN, AGED 63 YEARS, RETIRED ASSISTANT EXECUTIVE ENGINEER(ELE) O/O THE EXECUTIVE ENGINEER(ELEC) BESCOM, RURAL NORTH DIVISION, BANGALORE RURAL CIRCLE, A.R. CIRCLE, BANGALORE & R/AT NO. 1052, B K ROAD MAGADI TOWN RAMANAGARA DISTRICT.
6 SRI. PANDURANGA C.R., S/O LATE RAMANNA CR., AGED 59 YEARS, RETIRED DEPUTY CONTROLLER OF ACCOUNTS, LOAD DESPATCH
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CENTRE, KPTCL, ANANDA RAO CIRCLE, BANGLAORE. & R/AT NO.237, 17 B MAIN,11TH CROSS, 4TH SECTOR, HSR LAYOUT, BANGALORE – 560102.
7 SRI. K. SHIVAPRASAD, S/O LATE C. KAVALLAPPA, AGED 61 YEARS, RETIRED JUNIOR ENGINEER(ELEC), O/O THE ASSISTANT EXECUTIVE ENGINEER(ELE BESCOM, B STATION, E-3 SUB-DIVSION, M.G. ROAD, BANGLAORE, R/AT NO. 2111/2,7TH A CROSS 3RD MAIN ROAD, R P C LAYOUT VIJAYANAGAR 2ND STAGE BANGALORE – 560 040. 8 SRI. VENKATAIAH, S/O LATE GIRIYAPPA, AGED 65 YEARS, RETIRED MECHANIC GRADE-II, O/O THE ASSISTANT EXECUTIVE ENGINEER(ELEC) BESCOM, N3 SUB-DIVISION, BASAVESHWARANAGAR BANGALORE, & R/AT NO. 1911, 3RD CROSS, 25TH MAIN, MAGADI ROAD PRASHANTHNAGAR BANGALORE – 560 078. (By Sri. N DEVARAJ, ADVOCATE )
...APPELLANTS
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WA Nos.15402-409/11
AND :
...RESPONDENTS
( By SMT. M C AKKAMAHADEVI, AGA FOR R1 BY SRI. ABHILASH RAJU, ADVOCATE FOR M/S. SUNDARASWAMY & RAMDAS, ADVOCATES FOR R2 & R3)
THESE WRIT APPEALS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.1315513162/2010(S) DATED 01/08/2011; AND ETC.
THESE WRIT APPEALS COMING ON FOR HEARING,
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WA Nos.15402-409/11
THIS DAY THE COURT MADE THE FOLLOWING:
JUDGEMENT
The subject-matter of these appeals is, whether these petitioners who were working as Assistants, Jr. Assistants, Sr. Assistants, Assistant Executive Engineers, Drivers, etc., in the respondents 2 and 3 – Corporation, are entitled to revision of pensionary benefits in terms of the Government Order dt. 6th June 2007.
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WA Nos.15402-409/11
are also entitled to the benefit of revision of pensionary benefits in terms of the Government Order. As the said issue is already decided by the Division Bench, these appeals are also allowed in terms of the said order.
Ordered accordingly.
SD/JUDGE
SD/-
JUDGE
Rd/-
1 issue framed by the court
Whether retrenched government employees entitled to revised pensionary benefits under 2007 Government Order.
Colour shows how this judgement treated each authority
W.A.Nos.15351-352/11Followed¶40
B. ASHWATHAIYA
C. ANANDA MURTHY
RANGASWAMY K
T. G. NAGARAJ
RAHAMATH ULLA KHAN
THE STATE OF KARNATAKA
N. KUMAR
V. SURI APPA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
