Writ appeal regarding interim order granting provisional pension papers. High Court quashed single judge's order directing deposit of salary pending final adjudication of the main appeal.
Impugned interim order set aside; amount deposited by first respondent to be refunded by District Treasury Officer.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 09TH DAY OF FEBRUARY, 2021
PRESENT
THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA
AND
THE HON’BLE MRS.JUSTICE M.G.UMA
WRIT APPEAL NO.64 OF 2021_(S-RES)
BETWEEN:
SRI SIDDARTHA EDUCATION SOCIETY, SIDDARTHA NAGARA POST OFFICE, TUMAKURU DISTRICT-572 105, REPRESENTED BY ITS ADMINISTRATIVE OFFICER.
…APPELLANT
(BY SRI MURALIDHAR H.M, ADV. (PH))
AND
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…RESPONDENTS
(BY SRI M.SUBRAMANYA BHAT, ADV. FOR R1 (PH), SRI C.N.MAHADESHWARAN, AGA FOR R2 & R3 (PH)).
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 01.12.2020 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.8094/2020 OR IN THE ALTERNATIVE PASS SUCH OTHER ORDER/S AS THIS HON’BLE COURT DEEM FIT TO PASS ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, NAGARATHNA J., DELIVERED THE FOLLOWING:
JUDGMENT
Heard learned counsel for the appellant.
consent of learned counsel on both sides, it is taken up for final disposal.
01.12.2020 passed by the learned Single Judge in W.P. No.8094/2020 is called in question in this appeal.
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into service and he retired on attaining the age of superannuation in June-2020. Therefore, certain interim reliefs were sought by the first respondent on the premise that he was reinstated into service, in the form of certain retirement benefits. Learned Single Judge accepted the plea for interim relief sought for by the first respondent herein and directed the appellantInstitution to forward the provisional pension papers of the first respondent to the third respondent Commissioner for Collegiate Education subject to the first respondent depositing the salary drawn by him from the other Institution within a period of two weeks from 01.12.2020. The reason for such an order being made was on the basis of the allegation against the first respondent that he was discharging his duties owing to employment in two Universities namely Tumakuru University and in the Appellant Institution simultaneously, which is impermissible in law. Therefore, the direction was issued for deposit of the salaries drawn by him by the first respondent in Tumkuru University. The learned Single Judge further directed the third respondent-Commissioner for
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Collegiate Education to process the provisional pension papers of the first respondent and to pay it to the first respondent subject to the final outcome of the writ petition. Being aggrieved, the writ petitioner/appellant/Institution has preferred this appeal.
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first respondent seeking implementation of the judgment and order of the Education Appellate Tribunal. Such being the case, we find that the learned Single Judge ought not to have granted the interim order which has in fact an over reaching effect. It is still not yet adjudicated as to whether the judgment and order of the Education Appellate Tribunal was in accordance with law or not. But the learned Single Judge has proceeded on the assumption that the consequences of the order of the Appellate Tribunal must be given effect to despite there being a stay of the execution proceedings already granted in the writ petition.
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or otherwise of the judgment and order of the Education Appellate Tribunal is still to be considered by the learned Single Judge. Therefore, in our view the impugned interim order over reaches the final adjudication of the matter.
Further, the first respondent is at liberty to seek early hearing of the writ petition. If such a plea is made by the first respondent, we request the learned Single Judge to consider the said plea bearing in mind the fact
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that the first respondent, who was dismissed from service has been reinstated by the Education Appellate Tribunal and there is an interim stay of the said order in the writ petition. The appeal is disposed off in the aforesaid terms.
No costs.
Sd/JUDGE
Sd/JUDGE
Chs CT-HR
2 issues framed by the court
Whether the learned Single Judge was correct in granting interim relief for provisional pension papers before the main writ petition adjudicating the dismissal case was decided.
Whether a retired incumbent can claim notional reinstatement benefits when the main appeal challenging the reinstation order is pending.
1 provisions across 1 enactments
Sri Siddarta Education Society
Dr. B.H.Devaraju
The State of Karnataka, Department of High Education
The Commissioner for Collegiate Education
B.V.Nagarathna
M.G.Uma
As recorded by the court registry
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