Disposed

The State of Karnataka v. Sri Richard Mathew

Karnataka HC8 Apr 2022WP/4690/2022

Case brief

AI extract

What is this about?

The Bench disposed of a writ petition filed by police constables against the State, ordering that the matter be handled on similar terms to a previously disposed petition (W.P. No. 23135/2021), directing implementation of previous pay fixation orders subject to a pending Supreme Court stay order.

What did the court decide?

The writ petition was disposed of on similar terms to W.P. No. 23135/2021, directing respondents to implement previous pay fixation orders subject to the Supreme Court's pending appeal order.

The State of Karnataka Vs Sri Richard Mathew — Pension and Retirement Benefits | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 08^TH DAY OF APRIL, 2022

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PRESENT

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THE HON’BLE MR.JUSTICE G.NARENDAR

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AND

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THE HON’BLE MR.JUSTICE M.G.S.KAMAL

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WRIT PETITION NO. 4690 OF 2022 (S-KSAT)

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BETWEEN:

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1 . THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT HOME DEPARTMENT VIDHANA SOUDHA BENGALURU-560001.

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2 . THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE NRUPATHUNGA ROAD BENGALURU-560001.

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3 . THE COMMANDANT I BATTALION, KARNATAKA STATE INDUSTRIAL SECURITY FORCE O/O. THE COMMANDANT 1^ST BATTALION, PDMS CAMPUS YELAHANKA, BENGALURU-560063.

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THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT HOME DEPARTMENT

VIDHANA SOUDHA

BENGALURU -560 001.

THE DIRECTOR GENERAL & INSPECTOR GENERAL OF POLICE NRUPATHUNGA ROAD BENGALURU – 560 001.

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THE COMMANDANT, I BATTALION KARNATAKA STATE INDUSTRIAL SECURITY FORCE O/O. THE COMMANDANT 1^ST BATTALION, PDMS CAMPUS YELAHANKA BENGALURU – 560 063.

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….PETITIONERS (BY SMT. SHILPA S. GOGI, HCGP)

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AND:

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1 . SRI RICHARD MATHEW AGED ABOUT 48 YEARS S/O.LATE A.SELVARAJ KARNATAKA STATE INDUSTRIAL SECURITY POLICE CONSTABLE NO.1173 O/O. THE COMMANDANT 1^ST BATTALION, PDMS CAMPUS YELAHANKA, BENGALURU-560063 RESIDING AT 105/1, 1^ST FLOOR VASUDHA PARADISE, DODDANAKKUNDI MARATHALLI(PO) BENGALURU-560037.

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2 . SRI GOVINDARAJU AGED ABOUT 46 YEARS S/O.LATE GANGAIAH KARNATAKA STATE INDUSTRIAL SECURITY POLICE CONSTABLE NO.1519,

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O/O. THE COMMANDANT 1^ST BATTALION, PDMS CAMPUS YELAHANKA, BENGALURU-560063 R/O NO.135, ASHOKNAGARA II CROSS, VIJAYAPAURA (PO) DEVANAHALLI TALUK BENGALURU RURAL DISTRICT. 562135.

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3 . SRI V. SELVARAJ AGED ABOUT 53 YEARS S/O. LATE R.VAILAN KARNATAKA STATE INDUSTRIAL SECURITY POLICE CONSTABLE NO.1532, O/O. THE COMMANDANT 1^ST BATTALION, PDMS CAMPUS YELAHANKA, BENGALURU-560063 R/O NO.A, 03, SECTOR-II HMT COLONY, JALAHALLI BENGALURU-560013.

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4 . SRI. MAHESH HUMBERI AGED ABOUT 41 YEARS S/O LATE GANGADARA HUMBERI KARNATAKA STATE INDUSTRIAL SECURITY POLICE CONSTABLE NO.317, O/O. THE COMMANDANT 1^ST BATTALION, PDMS CAMPUS YELAHANKA, BENGALURU-560063 R/O NO.135, ASHOKANAGARA II CROSS, VIJAYAPURA (PO) DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562135.

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5 . SRI. NARAYANA AGED AOUT 44 YEARS S/O.LATE VENKTASWAMY KARNATAKA STATE INDUSTRIAL SECURITY POLICE

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CONSTABLE NO.1540, O/O. THE COMMANDANT 1^ST BATTALION, PDMS CAMPUS YELAHANKA, BENGALURU-560063 R/O NO.375, SRI GANESHA TEMPLE STREET RAMAGUNDANAHALLI WHITE FIELD POST BENGALURU-560066.

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6 . SRI R. SHIVAKUMAR AGED ABOUT 47 YEARS S/O. LATE D. RANGANATHA KARNATAKA STATE INDUSTRIAL SECURITY POLICE CONSTABLE NO.1551 O/O. THE COMMANDANT 1^ST BATTALION, PDMS CAMPUS YELAHANKA, BENGALURU-560063 R/O NO.14/1, ANJANEYA TEMPLE STREET VANNARPET, VIVEKANGARA POST BENGALURU 560047.

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7 . SRI. I. SUNIL JOSEPH AGED ABOUT 52 YEARS S/O LATE INNASAPPA KARNATAKA STATE INDUSTRIAL SECURITY POLICE CONSTABLE NO.1526, O/O. THE COMMANDANT 1^ST BATTALION, PDMS CAMPUS YELAHANKA, BENGALURU-560063 R/O NO.156, A-BLOCK GANESHNAGAR, N.R.MOHALLA MYSURU-570007.

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….RESPONDENTS

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND ISSUE A WRIT OF CERTIORARI

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OR ANY OTHER APPROPRIATE WRIT OR ORDER/DIRECTION TO SET ASIDE THE IMPUGNED ORDER DATED 14.07.2021 PASSED BY THE HONBLE KSAT BENGALURU IN APPLICATION No.586 TO 589/2021 C/w APPLICATION No1014 TO 1016/2021 VIDE ANNEXURE-A

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THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, G. NARENDAR J, MADE THE FOLLOWING:

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ORDER

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Heard learned HCGP.

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Learned HCGP has submitted that issues raised

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in the instant petition are similar to the issues dealt with in W.P.No.23135/2021 and parties being similarly placed, it is prayed that the instant writ petition would be disposed of on similar terms.

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This Court while disposing of the writ petition

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No.23135/2021 was pleased to pass an order as under;

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“Heard learned AGA.

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2. The petitioner-Deputy Commissioner of Police, Western Division, Bengaluru City is before this Court being aggrieved by the order passed in Application Nos.5856 to 5859 of 2020 whereby, the Tribunal has

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been pleased to issue the following directions by allowing the applications.

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“(i) The applications are hereby allowed.

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(ii) The impugned order of the respondent being Sibbandi2/347/DPC(Pa)/2013 dated: 13/11/2020 as at Annexure-A1 is quashed.

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(iii) In view of the fact that the impugned order is completely dehors the Rules, the appellants are entitled to costs of this Litigation that has been thrust in them. We place the costs at Rs.1250/- for each applicant, payable by the respondent within three months from the date of this order.

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(iv) It shall be ensured by the respondent that Recoveries if any made from the applicants shall be repaid with interest at the extant rate already determined by the government for delayed payments.

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(v) The Registrar shall make available a copy of this order to the DGP along with copies of the Tribunal judgments in the cases cited in this order.”

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3. It is fairly submitted by the learned AGA that similarly situated petitioners had approached this Court in W.P.No.10222/2019 aggrieved by the aforesaid order. A Coordinate Bench of this Court by order dated 18/06/2021 was pleased to allow the writ petition and was pleased to direct as under:

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“The order dated 16/02/2018 passed by the Tribunal in application No.10783/2016 connected with application Nos.10784/2016, 10785/2016 is set aside and the respondents are directed to revise the pay fixation of the petitioners keeping in view the revised last pay certificate issued in their favour by the office of the Pay Account Officer (ORS) AOC, Secunderabad-15. The exercise of revising their pay and the grant of benefits shall be concluded within three months from the date of receipt of a copy of this order.”

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4. It is further submitted by the learned AGA that aggrieved by the order passed by the Coordinate Bench of this Court in W.P.No.10222/2019, the State has preferred an appeal before the Hon’ble Apex Court and that the same has been registered as SLA (C) No.15515/2021 wherein the Hon’ble Apex Court has been pleased to pass an interim order of stay by order dated 08/10/2021 and copy of the same has been placed before this Court.

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5. Having heard the learned AGA and keeping in view the fact that the issue has already been seized by the Hon’ble Apex Court, we are of the considered opinion that the instant writ petition could be disposed off by directing implementation of the orders passed in Application Nos.10783/2016, 10784/2016 and 10785/2016 further subjecting the re-fixation to be contingent on the order that may be passed by the Hon’ble Apex Court in pending SLA (C) No.15515/2021. The writ petition is disposed off accordingly.

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6. In the event, the respondents are aggrieved, it is open for them to approach this Court and seek for recalling or reviewing the order.”

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In that view of the matter, submission of the learned HCGP is placed on record. The instant writ petition is also disposed of on similar terms.

Sd/JUDGE

Sd/-

JUDGE

The State of Karnataka v. Sri Richard Mathew

Case brief

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The State of Karnataka v. Sri Richard Mathew

Case brief

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