The High Court dismissed a writ petition where retired agriculture assistants challenged endorsements rejecting their claim for the benefit of a post upgradation issued after their retirement, holding there was no legal provision for extending such benefits.
Pending instant applications were disposed of accordingly.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF MARCH, 2021
PRESENT
THE HON’BLE MRS.JUSTICE S.SUJATHA
AND
THE HON’BLE MR. JUSTICE P.N.DESAI
W.P.No.40260/2016 (S – KAT)
BETWEEN :
4 . RUDRAPA C/O MAHADEVAPPA MAYACHARI, AGED ABOUT 62 YEARS RETIRED AGRICULTURE ASSISTANT OFFICE OF THE ASSISTANT DIRECTOR OF AGRICULTURE, HANGAL, R/AT SAVAGARA ROAD, HARIHAR, DAVANAGERE DISTRICT
5 . BASAPPA S/O HANUMAPPA DODDATHAMMANAVAR, AGED ABOUT 62 YEARS RETIRED AGRICUTLURE ASSISTANT OFFICE OF THE WATER RESOURCE DEPARTMENT, RANEBENNUR R/AT SRIRAMANAGAR, 6TH CROSS, P.B.ROAD, RANEBENNUR ...PETITIONERS
(BY SRI M.R.SHAILENDRA, ADV.)
AND :
(BY SRI LAXMINARAYAN, AGA.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 01.09.2015 IN APPLICATION No.6831-6835/2010 AT ANNEXURE-C.
THIS PETITION COMING ON FOR HEARING, THIS DAY, S. SUJATHA, J ., MADE THE FOLLOWING:
O R D E R
The petitioners have called in question the correctness and legality of the order dated 01.09.2015 passed in Application Nos.6831-6835/2010 by the Karnataka State Administrative Tribunal at Bengaluru (‘Tribunal’ for short).
the Commissioner for Agriculture, the State Government issued Government Order dated 30.11.2007 upgrading the post of Agriculture Assistant to that of Assistant Agriculture Officer. Though the posts were upgraded, actual posting order to the post of Assistant Agriculture Officer was issued only after July 2008. In the meanwhile, the petitioners had retired from service between March 2008 to June 2008. On the representation made by the petitioners to extend the benefit of upgradation, the same was rejected by issuing the endorsements dated 28.04.2010, 20.04.2010,
20.04.2010, 11.04.2010 and 20.04.2010 at Annexures - A4 to A8 respectively by respondent No.2. Challenging
the same, the petitioners preferred the applications before the Tribunal. The same being dismissed, the petitioners are before this Court.
Writ petition is bereft of merits, accordingly stands
dismissed.
All pending I.As. stand disposed of accordingly.
Sd/JUDGE
Sd/JUDGE
PMR
1 issue framed by the court
Whether retired agriculture assistants are entitled to the benefit of post upgradation issued after their retirement.
1 provisions across 1 enactments
Venkappa
Mehabooob
Abdul Azeem
Rudrapa
Basappa
The State of Karnataka
S. Sujatha
P.N. Desai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
