In CWP under Article 226, petitioners challenged an order denying Leave Encashment under state rules. The court held that the Karnataka Hindu Religious Institutions and Charitable Endowments Rules 2002 govern their service conditions, excluding K.C.S.Rs. application. The writ petition was dismissed.
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.
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 11TH DAY OF OCTOBER 2012
BEFORE
THE HON'BLE MR. JUSTICE SUBHASH B ADI
WRIT PETITION NOS.4512- 13/2012(S-RES)
BETWEEN :
1 SRI M P LAKSHMINARAYANA S/O LATE M PILLAPPA, AGED ABOUT 58 YEARS WORKING AS SECOND DIVISION CLERK CUM-RENT COLLECTOR S L N CHARITIES FORT, BANGALORE-560 002
S/O LATE B V THIMMAPPA, AGED ABOUT 50 YEARS WORKING AS SECOND DIVISION CLERK S L N CHARITIES
FORT, BANGALORE-560 002 ...PETITIONERS
( BY SRI. J PRAMOD, ADV., )
AND :
2
A V ROAD, CHAMARAJAPET BANGALORE-560 018
ADMINISTRATOR, S L N CHARITIES FORT, BANGALORE-560 002
FORMER IN-CHARGE SECRETARY, S L N CHARITIES, FORT, BANGALORE-560 002
( BY SRI. RAGHAVENDRA G GAYATHRI, HCGP FOR R1 & R2; SRI.VIJAYAKRISHNA BHAT, ADV., FOR R3; R4 & R5 SERVED)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE / QUASH THE IMPUGNED ORDER DTD.30.11.11 PASSED BY THE R3 ASSISTANT COMMISSIONER AND ADMINISTRATOR VIDE ANNEX-A AND B. DIRECT THE RESPONDENTS NOT TO APPLY THE KARNATAKA HINDU RELILGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS ACT 1997 AND RULES 2002, ON THE PETITIONERS SERVICES & ETC.,
THESE PETITIONS ARE COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING
3
O R D E R
Petitioners have sought for quashing of the order dated 30th November 2011 passed by the respondent No.3, i.e., Assistant Commissioner for Muzarai Urban Department. Though the petitioners have made respondent No.3 as party by name, but no allegation as such is made against her in the writ petition.
other employees of the temple have been extended the benefit of 60 days' Earned Leave in terms of K.C.S.Rs. and under the K.C.S.Rs., the employees are given the benefit of unlimited Commuted Leave, but under the Muzarai Act, Archakas are not given such benefit. The
4
respondent – Trust is running Educational Institutions and not the temple, the Muzarai Act itself is not applicable.
Muzarai Act is applicable or not, petitioners have not sought for declaration that the provisions of Muzarai Act are not applicable. It is submitted by the learned Counsel for the respondents that, the service conditions of the employees of the temple have been governed by the separate provisions called “Karnataka Hindu Religious Institutions and Charitable Endowments Rules, 2002” and according to the said Rules, the Leave Encashment, Earned Leave are granted to the employees of the temple, as such, when there are express Rules, the K.C.S.Rs. cannot be made applicable and there is no material to show that the K.C.S.Rs. have been adopted.
5
thereunder are also applicable and if the service conditions of the petitioners are governed by the said Rules, petitioners cannot seek coverage of their service conditions under the K.C.S.Rs. It is only when the K.C.S.Rs. are made applicable, petitioners could seek the said benefit, merely because the Government Servants are extended the benefit of Earned Leave, that cannot automatically be applied to the petitioners also, as such, just because the Trust and Charitable Institution is notified, the employees of the Trust and Charitable Institution automatically do not get governed by the K.C.S.Rs.
Accordingly, the Writ Petitions fail and are dismissed.
Sd/JUDGE
KNM/DP
2 issues framed by the court
Whether the petitioners are entitled to Leave Encashment under K.C.S.Rs. when governed by K.H.R.I.C.E. Rules 2002.
Whether the Karnataka Charitable Societies Rules apply to employees of a Trust running a notified temple.
1 provisions across 1 enactments
SRI M P LAKSHMINARAYANA S/O LATE M PILLAPPA
SRI B T VISHWANATHA S/O LATE B V THIMMAPPA
THE STATE OF KARNATAKA REVENUE DEPARTMENT(MUZARAI)
THE COMMISSIONER DEPARTMENT OF MUZARAI
SMT S T SUDHA ASSISTANT COMMISSIONER MUZARAI URBAN DEPARTMENT V V TOWERS PODIUM BLOCK
SRI G PURUSHOTHAMA SUPERINTENDENT MUZARAI WORKS URBAN RANGE V V TOWERS PODIUM BLOCK
SUBHASH B ADI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
