Allowed

Sri.Shivaputrappa S/Oo Andanappa Shiparmatti v. the Secretary

Karnataka HC29 Mar 2021WP/114897/2019

Case brief

AI extract

What is this about?

In W.P. No.114897/2019, the High Court of Karnataka allowed the petition of a retired secretary. The court quashed an endorsement rejecting his pension claim and directed respondents to fix his pension by reckoning his initial daily wage appointment date.

What did the court decide?

Writ petition allowed; impugned endorsement quashed; respondents directed to fix pension by reckoning initial appointment on daily wage basis within three months.

Sri.Shivaputrappa S/Oo Andanappa… — Pension and Retirement Benefits | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 29^TH DAY OF MARCH 2021

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BEFORE

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THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR

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WRIT PETITION NO.114897/2019 (S - R)

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BETWEEN

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SRI SHIVAPUTRAPPA S/O ANDANAPPA SHIPARMATTI AGE 76 YEARS, OCC: PENSIONER R/O YAVGAL, TQ: RON – 582209 DIST : DHARWAD.

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...PETITIONER

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(BY SRI MADAN MOHAN M KANNUR, ADVOCATE)

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A N D

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THE SECRETARY RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT, GOVERNMENT OF KARNATAKA, VIDHAN SOUDHA BENGALURU-560001.

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THE DIRECTOR PANCHAYAT RAJ, EX.OFFICIO DEPUTY SECRETARY TO THE GOVERNMENT RURAL DEVELOPMENT

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PANCHAYAT, RAJ DEPARTMENT PANCHAYAT RAJ DEPARTMENT M S BUILDING, BENGALURU-560001.

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THE ACCOUNTANT GENERAL (A & E) KARNATAKA, PARK HOUSE ROAD BENGALURU – 560001.

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THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYAT, KOPPAL – 583231.

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THE EXECUTIVE OFFICER TALUK PANCHAYAT YELBURGA – 583236 DIST: KOPPAL. ... RESPONDENTS

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(BY SRI VINAYAK S KULKARNI, AGA FOR R1 TO R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ENDORSEMENT DATED 28.8.2019 VIDE ANNEXURE-E ISSUED BY RESPONDENT NO.5 AND DIRECTING THE RESPONDENTS TO IMPLEMENT AND COMPLY THE ORDER DATED 28.11.2012 IN W.P.NO.68075/2011 PASSED BY THIS HON’BLE COURT VIDE ANNEXURE-A AND ETC.,.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Petitioner was appointed as Secretary of Gram Panchayat, Kudarimoti, on daily wage basis by the respondent No.5. The petitioner retired on 31.12.2001 on attaining the age of superannuation. He sought for fixation of pension by reckoning the prior service rendered by him on daily wage basis. Since the 3^rd respondent rejected the representation of the petitioner, he was constrained to file writ petition in WP.No.68075/2011. This Court by order dated 28.11.2012 directed the respondent Nos. 3 and 4 herein to reconsider the case of the petitioner within three months from the date of receipt of copy of the order.

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Thereafter, the 3^rd respondent has issued communication dated 28.08.2019, rejecting the claim the petitioner on the ground that the petitioner is not entitled for fixation of his pay scale by reckoning the prior service rendered by him. Hence, this writ petition.

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Learned counsel for petitioner would submit that

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the petitioner is claiming for fixation of pension by reckoning

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his initial appointment on daily wage basis. However, the 5^th respondent on the premise that petitioner is claiming for fixation of his pay scale on the basis of initial appointment on daily wage basis has declined to fix the pension and pensionary benefits, which is illegal.

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Learned Additional Government Advocate submits that petitioner is not entitled for fixation of pension by reckoning his initial appointment on daily wage basis. Hence, the impugned endorsement issued by respondent No.5 is perfectly legal and does not call for interference.

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I have considered the submissions of learned counsel for parties.

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The Division Bench of this Court in the case of the State of Karnataka, represented by its Secretary, Department of Primary Education and others –vs- N G Shivalingappa and others reported in ILR 2011 Kar. 5571 has held that the date of initial appointment must be reckoned for the purpose of fixing the pensionary benefits by notionally

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taking into consideration the revision of pay scale from time to time.

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Petitioner is claiming for fixation of pension by reckoning his initial appointment on daily wage basis. However, the 5^th respondent on the premise that petitioner is claiming for fixation of his pay scale on the basis of initial appointment on daily wage basis has declined to fix the pension. It is not in dispute that the petitioner was appointed on daily wage basis on 1.7.1967 and he was absorbed in service on 1.7.1976. Hence, the initial appointment of petitioner on 1.7.1967 on daily wage should be reckoned for the purpose of pensionary benefits. In view of the decision of

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the Division Bench of this Court in the case of Secretary, Department of Primary Education and others (supra), petitioner is entitled for fixation of pension by reckoning the date of initial appointment on daily wage basis. Accordingly, for the aforesaid discussion, I pass the following:

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ORDER

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i) Writ petition is allowed;

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ii) The impugned endorsement dated 28.8.2019 vide

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Annexure-E issued by respondent No.5 is quashed.

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iii) Respondents No.3 to 5 are directed to fix the pension of the petitioner by reckoning the initial appointment of the petitioner on daily wage basis for the purpose of fixing the pension. The said exercise shall be completed within three months from the date of receipt of copy of this order.

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Sd/JUDGE

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Vb/bkm.

Sri.Shivaputrappa S/Oo Andanappa Shiparmatti v. the Secretary

Case brief

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Sri.Shivaputrappa S/Oo Andanappa Shiparmatti v. the Secretary

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