Allowed

A.B.Mahishi S/O. v. the Secretary to Govt.

Karnataka HC23 Nov 2021WP/103070/2014

Case brief

AI extract

What is this about?

Writ petitions challenging a Municipal Corporation order refixing petitioners' pay scale and recovering alleged excess payment. The court allowed warrants based on a coordinate bench holding such refixation non-sustainable, quashing disputed orders and directing restoration of benefits.

What did the court decide?

Impugned orders dated 11.7.2012 and 6.8.2012 quashed; respondents directed to restore pay scale and release service benefits within two months.

A.B.Mahishi S/O. Vs the Secretary to Govt. — Service and Employment | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 23^RD DAY OF NOVEMBER, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR

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WP No.103070/2014 & WP Nos.103075-079/2014 (S-RES)

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Between

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Shri A B Mahishi s/o. Aged about 57 years Occ: FDA, r/o Giriyal Road Renuka Colony, Hubballi.

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Sri N V Hebsur Giriyal Road, Renuka Colony Aged about 55 years Occ: FDA, r/o Shri Matta # 109/491, First Phase Akshay Colony, Hubballi District: Dharwad.

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Sri C Srikantaiah

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Aged about 55 years Occ: SDA, r/o R B Doddamani #21, Rajaji Nagar, Devangapeth Hubballi.

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Sri V H Metagodi Aged about 50 years Occ: SDA, R/o 3155/16 Siddarameshwar Nagar Opp: Police Commissioner Office Navanagar, Hubballi, District Dharwad.

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Sri S Manjappa Aged about 52 years Occ: Field Assistant r/o M B Khaji Building Gouli Galli, Malamaddi District : Dharwad.

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C B Naik Aged about 44 years Occ: SDA, r/o HDMC Quarters, Chitagubbi Hospital Campus Hubballi, District : Dharwad.

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Sri Sadanand Siddappa Ramadatt Aged about 43 years, Occ: Bill Collector r/o #27, 6^th Cross, Sahadev Nagar Hubballi, District : Dharwad.

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Sri C M Beladadi, Aged about 41 years Occ: Bill collector, r/o # 144, Karki Basaveshwar Nagar, Hubballi District : Dharwad.

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Sri Gangadhar Ramadatt Aged about 43 years Occ: Bill Collector r/o #104, Kulkarni Hakkala Goodshed Road, Hubballi District Dharwad.

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Sri Chandrashekar Siddappa Kshatriyavar Aged about 48 years, Occ: Bill Collector r/o #8/12, Venkatesh Colony Near Rotary School, Bengeri, Hubballi District: Dharwad. ...Petitioners

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(By Sri R H Angadi & Smt.Gayatri S R, Advocates)

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A n d

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The Secretary to Government Urban Development M S Building, Veedhana Veedhi Bengaluru.

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The Director, Municipal Administration, Viveshwaraiah Tower, Veedhana Veedhi Bengaluru.

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The Chief Accounts Officer Hubli – Dharwad Municipal Corporation, Hubli.

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The Chief Auditor Hubli Dharwad Municipal Corporation Hubli.

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The Assistant Commissioner (Admn) Hubli Dharwad Municipal Corporation Hubli.

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The Commissioner Hubli Dharwad Municipal Corporation Hubli.

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Additional Revenue Officer, Hubli Hubli Dharwad Municipal Corporation Hubli – Dharwad. ..Respondents

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(By Sri Vinayak Kulkarni, AGA for R1 & R2, Shri G I GAchchinmath, Advocate for R3, R5 and R6)

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These writ petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the order passed by respondent No.6 dated 12.07.2012 vide Annexures-D and D1 and the subsequent orders at Anenxures-E to E10 etc.,.

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These writ petitions coming on for orders this day, the Court passed the following:

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ORDER

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Learned Additional Government Advocate accepts notice

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for respondents No.1 and 2.

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Petitioners were appointed as Group-B and Group-C employees respectively by the respondents-Corporation. The pay scale of the petitioners was fixed in terms of the provisions contained in Bombay Provisional Municipal Corporation Act, 1949. The pay scale that was extended to the employees of the corporation was higher than the pay scale of the similarly situated employees appointed by the Government. So as to set right the anomaly, the respondents - Corporation passed an order refixing the salary of the petitioners as well as other similarly situated persons at par with the benefit extended to the government employees. Further, by the impugned order the amount alleged to have been paid in excess was sought to be recovered from the petitioners. Hence, these writ petitions.

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Learned counsel for the petitioners would submit that a co-ordinate Bench of this Court in identical matters in WP No.8282/2008 and connected matters (DD 23.2.2011) and WP No.72257/2012 (DD 27.6.2013) has held that the refixation of

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the pay scale of the petitioners is not sustainable in law. He further submits that the alleged excess amount cannot be recovered from the petitioners since the excess amount has not been paid at the instance of the petitioners. Hence, he submits that the writ petitions may be allowed by quashing the impugned order.

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On the other hand, learned counsel for the respondents would submit that the decision referred by the coordinate Bench of this Court is not applicable to the facts and circumstances of the case and the refixation of the pay scale to the petitioners and also recovery of the excess amount paid to the petitioners is in accordance with law and does not warrant any interference.

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5. Learned Additional Government Advocate reiterates

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the submissions made by the learned counsel for the Corporation and seeks for dismissal of the writ petitions.

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I have considered the submissions of the learned counsel for the parties.

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It is not in dispute that the pay scale of the petitioners was extended in terms of the provisions contained in Bombay Provincial Municipal Corporation Act, 1949 and the pay scale extended to the petitioners was higher than the pay scale of similarly situated employees of the government. The coordinate Bench of this Court in WP No.8282/2008 and connected matters has held that the refixation of the similarly situated persons is not sustainable in law. The alleged excess amount paid by the Corporation was not due to the fault of the petitioners. Hence, the recovery of alleged amount is not sustainable in law. Learned counsel for the respondents is not in a position to dispute the above factual position of law.

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Since the issue involved in these writ petitions is

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already examined by this Court and it was held that the refixation of the pay scale of the employees of the Corporation and the recovery of the excess amount is not sustainable in law, these writ petitions require to be disposed of in the light of the order passed by the co-ordinate Bench of this Court in WP No.8282/2008 and connected matters (DD 23.2.2011) and WP No.72257/2012 (DD 27.6.2013). Even otherwise the order dated 11.7.2012 passed by respondent – Corporation is withdrawn by order dated 16.8.2014 in the light of the order passed in WP No.8282/2008. Accordingly, I pass the following:

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ORDER

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i) Writ petitions stand allowed;

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ii) The impugned orders dated 11.7.2012 passed by respondent No.6 vide Annexures-D and D1 and consequent order dated 6.8.2012 passed by respondent No.5 vide Annexure-E are hereby quashed;

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iii) A writ of mandamus commanding the respondents No.3 to 6 to restore the pay scale and emoluments

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of the petitioners as the same were obtaining as it stood prior to 11.7.2012 and release the service benefits to the petitioners. The said exercise shall be completed within two months from the date of receipt of copy of this order.

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Sd/JUDGE

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bkm

A.B.Mahishi S/O. v. the Secretary to Govt.

Case brief

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A.B.Mahishi S/O. v. the Secretary to Govt.

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