Dismissed

State of Karnataka v. Sri a K Ramesh

Karnataka HC14 Jul 2021WP/23660/2017

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition filed by the State of Karnataka challenging an order where the Karnataka State Administrative Tribunal allowed a government employee seniority from her date of regularization in a supernumerary post, rather than from her date of redeployment, citing relevant precedents and Rules.

What did the court decide?

Writ petitions dismissed; respondent entitled to seniority from date of regularization; State directed to confer consequential benefits within three months.

State of Karnataka Vs Sri a K Ramesh — Pension and Retirement Benefits | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^TH DAY OF JULY, 2021

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PRESENT

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THE HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA

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AND

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THE HON'BLE MR. JUSTICE NATARAJ RANGASWAMY

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WRIT PETITION NO.23660/2017 (S-KAT)

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C/W

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WRIT PETITION NO.11237/2020 (S-KSAT)

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IN WRIT PETITION NO.23660/2017

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BETWEEN

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1 . STATE OF KARNATAKA BY ITS SECRETARY

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FINANCE DEPARTMENT VIDHANA SOUDHA, BENGALURU-560 001

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2 . THE COMMISSIONER OF COMMERCIAL TAXES GANDHINAGAR, BENGALURU-560 001

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...PETITIONERS

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(BY SRI DHYAN CHINNAPPA, AGA A/W SMT.SHILPA S.GOGI, HCGP)

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AND

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1 . SRI A K RAMESH S/O KRISHNAPPA AGED ABOUT 55 YEARS SECOND DIVISION ASSISTANT

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O/O JCCT (VIG) KORAMANGALA, BANGALORE-47

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2 . SRI NARAYANASWAMY (RETIRED) S/O LATE YELLAPPA, AGED ABOUT 60 YEARS RETD.AS FIRST DIVISION ASSISTANT (RULE-32) O/O ACCT (ADDITIONAL),LVO-10A, GANDHINAGAR, BENGALURU-560 009 R/AT D.NO.104-0, CHUNDANAHAI VILLAGE, UTTARAHALLI HOBLI, UDUPURA POST, BENGALURU (SOUTH)TALUK, KANAKAPURA MAIN ROAD, BENGALURU

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3 . SMT K S NAGALAKSHMI W/O N V SRIDHAR, AGED ABOUT 59 YEARS SECOND DIVISION ASSISTANT O/O PTO CIRCLE-2, SATELLITE BUSTAND YESHWANTHPURA BANGALORE R/AT NO.139,8TH CROSS, 1ST MAIN ROAD,KALYANA NAGARA NAGARBHAVI ROAD, BENGALURU-560 072

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4 . SRI H S SUDEENDRA KUMAR S/O H R SRIKANTHAIAH AGED ABOUT 54 YEARS O/O JCCT (ADMN),DVO-5 KORAMANGALA,BANGALORE R/AT NO.5,2ND FLOOR, 1ST CROSS,10TH MAIN ROAD, KALYANA NAGARA, NAGARBHAVI ROAD, BENGALURU-560 072

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5 . SRI H S VASANTHAKUMAR S/O LATE SIDDAIAH G

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AGED ABOUT 53 YEARS SECOND DIVISION ASSISTANT O/O FDA O/O ACCT (AUDIT)4.8,DVO-4, KORAMANGALA, BANGALORE-47

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R/AT NO.598,12TH CROSS 1ST STAGE,1ST PHASE, CHANDRA LAYOUT, BANGALORE-560 072

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6 . SRI V R CHANDRA S/O H VEERAIAH AGED ABOUT 57 YEARS SECOND DIVISION ASSISTANT O/O ADCOM (ENF), SZ, KORAMANGALA, BANGALORE

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R/AT NO.162,7TH MAIN GURURAJ COLONY, VIDYAPEETA COLONY, BANGALORE-560 028

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7 . SRI GANGADHAR S/O LATE RANGAIAH AGED ABOUT 55 YEARS FIRST DIVISION ASSISTANT, O/O PTO CIRCLE-10 SATELLITE BUSSTAND YESHWANTHPURA,BANGALORE

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R/AT C/O VIJAYA BHASKAR 3RD CROSS,DEVARAJ URS ROAD, SARASWATHIPURAM,TUMKUR

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8 . SRI YALLAPPA N GULABAL S/O Y NIJALINGAVVA G AGED ABOUT 57 YEARS FIRST DIVSION ASSISTANT O/O ACCT (AUDIT-1) BAGALKOT,BELGAUM

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R/AT BILAGI CROSS 2, MUTTALADINNI R.C, POST:LINGAPUR S.R-587 116

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9 . SRI M R NAGARAJAPPA S/O RAMAIAH AGED ABOUT 56 YEARS SECOND DIVISION ASSISTANT O/O JCCT,DVO-6 PEENYA II STAGE, 14^TH CIRCLE BANGALORE-560 056

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R/AT NO.51,SRI RANGADHAMA 1ST MAIN,II CROSS,SIMHADRI LAYOUT SINGAPURA,VIDYARANYAPURA POST, BANGALORE-560 097

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10 . SMT SEETHAMMA S W/O SATHYANARAYANA AGED ABOUT 56 YEARS SECOND DIVISION ASSISTANT O/O JCCT (LEGAL AFFARIS) CCT OFFICE,GANDHINAGAR BANGALORE-560 009

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R/AT NO.107,7TH MAIN 5TH CROSS,SRINIVASANAGAR BANGALORE-560 009

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11 . SRI H SOMASHEKAR S/O HANUMAIAH AGED ABOUT 54 YEARS SECOND DIVISION ASSISTANT O/O JCCT (VIG), KORAMANGALA BANGALORE

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R/AT NO.4,4TH CROSS, MANTAPPA ROAD, MALLASANDRA PIPELINE T DASARAHALLI,BANGALORE-57

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12 . SRI P SIDDAGANGA MURTHY S/O LATE BASAPPA, AGED ABOUT 58 YEARS SECOND DIVISION ASSISTANT O/O ACCT (ENF), TUMKURU

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R/AT NO.410, BHEL II STAGE EXTENSION,

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60FT ROAD,PATTANAGERE SOUTH, RAJARAJESHWARINAGAR POST, BANGALORE-560 098

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13 . SRI A R RAMACHANDRAIAH S/O VENKATARAMA SHETTY, AGED ABOUT 59 YEARS SECOND DIVISION ASSISTANT O/O CTO (AUDIT)-1.2, DVO-1,BANGALORE

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R/AT NO.223, PANCHNASHEELANAGAR, NEAR GANAPATHY TEMPLE, NAGARBHAVI POST,II MAIN, BENGALURU-560 072

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14 . SRI B N NARASIMHA SHETTY S/O NARASANNA SHETTY, AGED ABOUT 55 YEARS SECOND DIVISION ASSIATANT O/O JCCT (VIG) KORAMANGALA BANGALORE

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R/AT NO.55/1,6TH CROSS, 7TH MAIN,SUBBANNA GARDEN VIJAYANAGAR,BANGALORE-40

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15 . SMT DEVARAJAMMA W/O M J ESHWARAMURTHY AGED ABOUT 57 YEARS FIRST DIVISION ASSISTANT OFFICE OF THE LVO-140 DVO-2,BANGALORE

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R/AT NO.776,GANGONDAHALLI 3RD MAIN ROAD,4TH CROSS, BANGALORE-560 039

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16 . SRI NARAYANASWAMY (RETIRED) S/O LATE YALLAPPA, AGED ABOUT 60 YEARS

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R/AT D.NO.104-0, CHUNDANAHAI VILLAGE,

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UTTARAHALLI HOBLI, UDIPURA POST, BENGALURU (SOUTH)TALUK KANAKAPURA MAIN ROAD, BENGALURU

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...RESPONDENTS

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(BY SRI RAMACHANDRA B., ADV.)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 29.06.2017 IN A.NO.5629 OF 2012 ANNEXURE-A PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AND ETC.

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IN WRIT PETITION NO.11237/2020

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BETWEEN

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1 . THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY FINANCE DEPARTMENT VIDHANA SOUDHA BENGALURU-560001

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2 . THE DIRECTRO OF TREASURIES V.V.GOPURA, DR AMBEDKAR VEEDHI, (VISWESHARAISH TOWERS) BANGALORE-560001

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3 . THE DEPUTY DIRECTOR OF RURAL TREASURY NRUPATHUNGA ROAD BENGALURU-560001

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4 . THE DIRECTOR OF SERICULTURE SERICULTURE DEVELOPMENT DEPARTMENT 5TH FLOOR, M.S. BUILDING BENGALURU-560001

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...PETITIONERS

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(BY SRI DHYAN CHINNAPPA, AGA A/W SMT.SHILPA S.GOGI, HCGP)

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AND

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K N GIRIJA S/O SRI T.S. SOMASEKAR AGED ABOUT 62 YEARS WORKING AS SECOND DIVISION ASSISTANT RURAL DISTRICT TREASURY NEW PUBLIC OFFICES, NRUPATHUNGA ROAD BENGALURU-560001 R/AT NO.625. OPPNANJUNDESHWARA TEMPLE FORT, DEVANAHALLI BANGALORE RURAL DISTRICT-562110

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...RESPONDENT

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(BY SRI RAMACHANDRA B., ADV.)

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THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, SATISH CHANDRA SHARMA. J., MADE THE FOLLOWING:

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ORDER

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The State of Karnataka through its functionaries has filed the present writ petition i.e. W.P. No.11237/2020 being aggrieved by the order dated 29.06.2017 passed by the Karnataka State Administrative Tribunal, Bangalore, in Application No.5629/2012.

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The facts of the case reveal that the respondent-

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employee was appointed as a daily wager and her services were regularised on 15.04.1992. At the relevant point of

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time, as no posts were available in the department, hence a supernumerary post was created. Thereafter, an order was passed on 22.02.1997 deploying the petitioner to work as Second Division Assistant in Bangalore Division, Treasury Department and she reported to duty on 05.03.1997. She was not assigned seniority on the basis of date of regularisation, w.e.f. 15.04.1992, and therefore, she came up before the Tribunal by filing an application. The Tribunal has allowed the application keeping in view the earlier judgments delivered on the subject and has held that the respondent-employee shall be entitled for seniority from the date of regularisation.

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Learned Additional Advocate General, today, has argued before this Court that on the request made by the respondent-employee, she was transferred to the Treasury Department.

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Learned Counsel for the respondent-employee has straightaway drawn towards the order dated 22.02.1997 which reveals that the respondent-employee has worked in various departments and she has been

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deployed to work in Department of Treasuries on certain terms and conditions.

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This Court has carefully gone through the entire record and has also heard learned Counsel for the parties at length.

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The State of Karnataka has filed a detailed reply dated 21.08.2013 before the Tribunal and the aforesaid reply has also become important in the present case. The reply filed by the State of Karnataka in paragraph-2 reads as under:

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"2. The averments made in the application relating to service particulars of the applicant are not in disputed. The claim of the applicant are not in dispute. The claim of the applicant in the above application is as to fixing her seniority. According to her, she shall be assigned seniority in the ranking by reckoning the date of her regularization and not from the date of redeployment in a sanctioned post. With regard to the claim made by the applicant in the above application, it is submitted. Several officials of Revenue Department who were originally daily wagers and subsequently regularized and thereafter redeployed to various departments, approached this Hon'ble Tribunal by its order dated 28.7.2011,was pleased to hold that seniority of a government official whose services have been regularized in terms of the Government Order dated 6.8.90 ought to have been considered on the basis of the date of regularization initially in the supernumerary post. Copy of the said order dated 28.7.2011 is produced herewith and marked as ANNEXURE-R1. The issue involved in the above application was also considered by the Hon'ble High Court of Karnataka in

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W.P.No.5134-43/2012, (S-KAT). The Hon'ble High Court of Karnataka by its order dated 3.9.2012 in the said writ petition was pleased to articulate the issue which reads as follows:

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"For the purpose of seniority and promotion, is the date of entry into supernumerary post or is it the date of entry into the cadre of village Accountants in the Revenue Department, which should be taken into consideration….."

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The Hon'ble High Court by its order dated 03.09.2012 was pleased to hold that the in the persons whose services were regularized and who were holding supernumerary post are entitled for seniority from the date of regularization. Copy of the order dated 3.9.2012 of the Division Bench of Hon'ble High Court in the said W.P.No.513443/2012, (S-KAT) is produced herewith and marked as ANNEXURE-R-2.

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WHEREFORE, it is most respectfully prayed that the above application be disposed of by recording the aforesaid submission, in the interest of justice and equity."

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The State of Karnataka, on an affidavit filed before the Tribunal, has stated that in an earlier case i.e. W.P.Nos.5134-43/2012, this Court has already held that the employee, whose services were regularised and who was holding the post of supernumerary post, shall be entitled for seniority from the date of regularisation. Therefore, in the considered opinion of this Court, the Tribunal was justified in allowing the application preferred

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by the respondent-employee especially in the light of the reply filed by the State of Karnataka on affidavit.

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Rule 6 of Karnataka Government Servants

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(Seniority) Rules, 1957, is reproduced as under:

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Rule 6 : The transfer of a person in public interest from one class or grade of a service to another class or grade carrying the same pay or scale of pay shall not be treated as first appointment to the later for purposes of seniority; and the seniority of a person so transferred shall be determined with reference to his first appointment to the class or grade from which he was transferred;

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Provided that, where the transfer is made at the request of the officer, he shall be placed in the seniority list of the class or grade of service to which he is transferred below all the officers borne on that class or grade of service on or before the date of the transfer.

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[Provided further, that the seniority of a person transferred in public interest vis a vis the persons actually holding the post in the Class or Grade to which he is transferred shall be determined on the date of such transfer with reference to his first appointment to the class or grade from which he was transferred.]

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Explanation.-For the purpose of the above proviso, the persons actually holding the post do not include the persons who have before the date of such transfer been promoted, whether in an officiating or substantive capacity to a higher class or grade.

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Proviso (2) of the aforesaid Rule, makes it very clear that in case the transfer made is in the public interest, the employee shall be entitled for seniority from the date he holds on the post on regular basis. Therefore, this Court does not find any reason to interfere with the order passed by the Tribunal.

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Resultantly, the writ petition is dismissed. The respondent-employee shall be entitled for all the consequential benefits and the State of Karnataka is directed to confer all the consequential benefits within three months from today.

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In the light of the aforesaid, the other connected writ petition i.e. W.P. No.23660/2017 is also dismissed, as the similar issue is involved.

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No order as to costs.

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SD/JUDGE

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SD/JUDGE

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State of Karnataka v. Sri a K Ramesh

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State of Karnataka v. Sri a K Ramesh

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