Allowed

Shri.Gurupadayya S/O.Shankarayya Torgalmath v. the Director of Municipal Adminisgtration

Karnataka HC24 Sept 2019WP/113833/2019

Case brief

AI extract

What is this about?

The Court allowed a writ petition filed by a retired employee regarding the unauthorized withdrawal of a time-bound pay scale benefit. The judgment quashed a municipal order, ordered repayment of withdrawn amounts with interest, and directed the re-fixation of pay and pension.

What did the court decide?

Re-fixation of pay and pension; repayment of Rs. 1,56,653 with 6% interest within three months; making good the difference in entitlement.

Shri.Gurupadayya S/O.Shankarayya… — Pension and Retirement Benefits | Karnataka HC (2019)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 24^TH DAY OF SEPTEMBER, 2019

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BEFORE

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THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV

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WRIT PETITION No.113833/2019 (S-R)

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BETWEEN:

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SHRI. GURUPADAYYA S/O. SHANKARAYYA TORGALMATH AGE : 62 YEARS, OCCUPATION : RETIRED, RESIDING AT PLOT NO.9, PAVAN PARK, GOA ROAD, SADANKERI, DHARWAD, DISTRICT: DHARWAD

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... PETITIONER

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(BY SRI. S. N. RAJENDRA, ADVOCATE)

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AND:

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THE DIRECTOR OF MUNICIPAL ADMINISTRATION OFFICE OF THE MUNICIPAL ADMINISTRATION, 9^TH FLOOR, V.V. TOWER, DR. AMBEDKAR VEEDHI, BANGALORE - 01.

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THE HUBBALLI DHARWAD MUNICIPAL CORPORATION REPRESENTATED BY ITS COMMISSIONER HUBBALLI - 20, DISTRICT: DHARWAD.

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THE ASSISTANT COMMISSIONER (ADMINISTRATION), HUBBALLI DHARWAD MUNICIPAL CORPORATION,

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HUBLI, DISTRICT: DHARWAD.

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... RESPONDENTS

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(BY SRI. V.S. KALASURMATH, HCGP FOR R1; SRI. BHUSHAN B. KULKARNI, ADVOCATE FOR R2 & R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE AN ORDER, DIRECTION OR WRIT IN THE NATURE OF CERTIORARI QUASHING THE ORDER BG.NOS.HDMC NO.20120/105/2012-13 DATED 25.07.2012 ISSUED BY RESPONDENT NO.3 PRODUCED AT ANNEXURE-D SO FOR AS IT REALTES TO PETITIONER CONCERNED ONLY AND ETC.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT, MADE THE FOLLOWING:

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ORDER

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Sri V.S.Kalagurmath, learned Government Pleader

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is directed to take notice for respondent No.1. Sri Bhushan B. Kulkarni, learned counsel accepts notice for the respondent Nos.2 and 3.

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By consent of learned advocates appearing for both parties, matter is taken up for final disposal.

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The petitioner was appointed as Work

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Inspector on 01.07.1981 on temporary basis. His services came to be regularized after his service of ten

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years and petitioner was promoted as a First Divisional

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Revenue Inspector only in the year 2012. Hence, for all practical purposes his promotion to the next post was after a period of twenty years. The petitioner eventually retired on 31.05.2018.

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The pay scale of the petitioner was revised on 11.02.2010 extending the benefit by way of increment as per the Karnataka Civil Services (Automatic Grant of Special Promotion to Senior Scale of

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Pay) Rules 1991 [‘the Rules for brevity], while simultaneously granting benefit to the other employees. However, on the basis of reconsideration the benefit extended to the petitioner came to be withdrawn as per the order dated 25.07.2012 at Annexure-D. The petitioner attained superannuation in the year 2018 and an amount of Rs.1,56,653/- was directed to be deducted from his entitlement of encashment of earned leave which was to be settled after his superannuation.

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Various contentions have been advanced on

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behalf of the respondents.

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The petitioner was being paid in the pay scale of Rs.960 – 1760. The Rules provide for eligibility for extending of the benefits as per Rule 3 and the material on record reveals that the petitioner is not disqualified to receive such benefit.

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It is clear that the said benefit is to be extended to all employees of the respondent – Municipal Corporation and not limited only to Second Division Assistants as has been held in the judgment dated 07.11.2016 passed in Writ Appeal No.100233/2016 and connected matters. This Court under similar circumstances in Writ Petition Nos.110435110438/2017 has disposed off the petition in light of an identical factual matrix by extending the benefit of time bound scale benefit. All aspects of the issue on hand

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and contentions have been answered in the said order

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and the present petition is disposed off on same terms.

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Accordingly, the petition is allowed and in

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view of the discussion as above, there should be a re-fixation of pay of the petitioner by restoring 15 years Time Bound Scale benefit and as the said petitioner has retired from service, the pension is to be re-fixed in accordance with the Rules at Annexure-A. The withholding of an amount of Rs.1,56,653/-, if effected, pursuant to the orders at Annexure-E will have to be repaid to the petitioner with interest at 6%. The repayment is to be made within a period not later than three months from the date of receipt of certified copy of this order.

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