The High Court adopted a positive approach, rejecting the plea to quash the Tribunal's order. It extended the timeline for submitting a representation and ordered consideration of benefits within four weeks.
Grant of one month to submit representation and disposal of the matter within four weeks thereafter.
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 AUGUST, 2022
PRESENT
THE HON’BLE MR.JUSTICE G.NARENDAR AND THE HON’BLE MR.JUSTICE C M JOSHI
WRIT PETITION No.11172/2022 (S-KSAT)
BETWEEN:
HANUMANTARAYAPPA A (LATE) S/O ANJANAPPA K AGED ABOUT 75 YEARS SENIOR LECTURER (RETD.) O/O THE PRINCIPAL DIST. INSTITUTE OF EDUCATION AND TRAINING, TUMKUR (R/A VENKATAPURA AT AND POST PAVAGADA TALUK TUMKUR DISTRICT MOBILE NO.9620136989)
SINCE DECEASED REP. BY LR HIS WIFE SMT RAMAKKA AGED ABOUT 68 YEARS VENKATAPURA AT AND POST PAVAGADA TALUK TUMKUR DISTRICT. (BY SRI SIDDAIAH L, ADV.)
...PETITIONER
AND:
BANASHANKARI 3RD STAGE BANGALORE-560085.
2 . R NARESH THE ACCOUNTANT GENERAL (A AND E) KARNATAKA P. B.NO.5369, PARK HOUSE ROAD BANGALORE-560011.
…RESPONDENTS
(BY SRI B RAJENDRA PRASAD, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A). QUASH THE ORDER DATED 03.09.2021 PASSED BY THE KSAT IN CONTEMPT APPLICATION NO. 93/2020 AS ILLEGAL, IRRATIONAL AND WITHOUT APPLICATION OF ITS MIND TO THE RULES IN ITS PROPER PERCEPTION AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY G.NARENDAR ., J MADE THE FOLLOWING:-
O R D E R
Heard the learned counsel for the petitioner.
“The applicant is directed to submit a detailed representation to the concerned authority within a week from today. Thereafter, the respondents are directed to consider the representation of the applicant in accordance with Government Order dated 17.05.2014 as per Annexure-A10 and to pass appropriate orders regarding grant of TBA and other benefits, if the applicant is entitled for the same along with admissible interest, by searching/tracing the service register of the applicant, within a period of four months.
(ii) The application is disposed of accordingly.”
issued calling upon the petitioner to submit a representation.
submit that the petitioner is aggrieved due to absence of a positive direction to pay service benefits. We find that the petitioner has also not placed on record the material which would strengthen the hands of the Department to arrive at a conclusion. In the course of arguments, the petitioner’s counsel submit that all the records are available. If that be the case, it is open for the petitioner to produce all the records along with a representation as directed by the Tribunal. In the absence of such material, it would be inappropriate and contrary to settled pronouncements of the Hon’ble Apex Court with regard to issue of positive directions.
any error in the order impugned. Accordingly, the writ petition is partly allowed by extending and granting a further period of one month to make the representation and if such representation is submitted, the same shall
5 -
be considered and disposed of within a period of four weeks thereafter. The writ petition stands ordered accordingly.
There shall be no order as to costs.
Sd/JUDGE
Sd/JUDGE
mpk/-* CT:bms
2 issues framed by the court
Whether the High Court should quash the Tribunal's order for adopting a positive approach to directing the department to produce service records and grant benefits.
Whether a writ petition allowing extension of time for representation constitutes an adequate relief without quashing the order.
1 provisions across 1 enactments
HANUMANTARAYAPPA A (LATE) S/O ANJANAPPA K
SRI GOPALA KRISHNA
R NARESH
G. NARENDAR
C M JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
